Sect. 3. appertains. If an additional burden is imposed upon the land subjacent or adjacent by the weight of the sewer the right to impose this additional burden upon the land could only be acquired by grant or prescription, unless given by statute. Section 308 of the Public Health Act, 1875, provides that compensation shall be made for all injury done in carrying out the purposes of the Act. If a sewer is to be made over private land the stratum need not be previously purchased, but the owner will be entitled to be compensated for the stratum taken and all other damage, including the burden of giving additional support. Roderick v. Aston Local Board, 5 Ch. D. 328; Thornton v. Nutter, 31 J. P. 419 ; Taylor v. Corporation of Oldham, 4 Ch. D. 395; and see North London Railway Company v. Metropolitan Board of Works, Joh. 405. Limitation of right to support Questions have arisen under various statutes as to whether the particular statute imposed the burden of supporting this additional weight upon the owner. It has been decided as regards the Public Health Act, 1875, that such a burden is imposed by the Legislature. The point was fully discussed and decided in the case of In re Corporation of Dudley, 8 Q. B. D. 86, which was a case in regard to mines, and was decided immediately before the passing of this Act. According to that case the general rule is that where the Legislature gives power to a public body to do anything of a public character, the Legislature means also to give to the public body all rights, without which the power would become wholly unavailable, although such a meaning cannot be implied in relation to circumstances arising accidentally only. The Legislature, therefore, in requiring the local authorities to make and maintain sewers, by necessary implication confers upon them that right of support which under ordinary circumstances is necessary. The landowner has the obligation imposed upon him to leave sufficient earth to support the additional burden, if any, which the sewer may cause. The same principle has been followed in respect of gas pipes laid down under an Act incorporating the Gasworks Clauses Acts. See Normanton Gas Company v. Pope, 49 L. T. (N.s.) 798. In such cases the landowner must not do any act to interfere with the support, but he will be entitled to compensation, to be assessed at one time, for prospective as well as actual injury. In the case of the Metropolitan Board of Works v. Metropolitan Rail way Company, L. R. 4 C. P. 192, where a sewer was injured by excavating adjoining land, it was held in the absence of any compensation clause, that the Legislature could not have intended this burden to have been placed upon the adjoining land, and that the local authority had, therefore, no right of support to the sewer, "Shall apply to every Sanitary Work."-The definition of sanitary work in section 2 should be noted as the heading of this Act is somewhat misleading. It applies to works for lighting and water supply as well as to works connected with sewers. In view of the saving, in section 5, of express enactments, it seems doubtful whether this Act extends to works for electric lighting. See section 33 of the Electric Lighting Act, 1882, ante, p. 548. 4. Except as in this Act provided, a local authority shall not by reason only of anything contained in the Sanitary Act under the authority of which a sanitary work has been tary works or is constructed or maintained be deemed to have acquired Sect. 4. or to be entitled to or to be bound to acquire or make for sanicompensation for any right of support for such sanitary over work as against any person owning or working, or being mines. lessee or occupier of or entitled to work or otherwise interested in any mine; and nothing in such Sanitary Act shall be deemed to have subjected or to subject any such person to any liability to the local authority in respect of damage to a sanitary work caused in or consequent upon working of any mines in a reasonable and proper manner. the 5. Nothing in this Act shall be construed to repeal, Savings. invalidate, or affect any express enactment in a sanitary or other Act with respect to rights of support for sanitary works, or any agreement made before the passing of this Act with respect to such rights, or to affect any action, arbitration, or other legal proceedings concluded before or pending at the passing of this Act. Where any right of support has been acquired before the passing of this Act by a local authority in respect of any sanitary work, and no compensation is at the passing of this Act recoverable in respect of such right, nothing in this Act shall be construed to apply to the work in respect of which such right has been acquired, or operate to deprive the local authority of such right or to entitle any person to any compensation in respect thereof, to which such person would not have been entitled if this Act had not been passed. 28 & 29 THE PRISON ACT, 1884. 47 & 48 VICT. CAP. 51. An Act to remove doubts as to the powers of the Secretary of State in relation to the alterating, enlarging, rebuilding, and building of prisons, and appropriating any building for a prison. [7th August, 1884.] WHEREAS under the Prison Act, 1865, every prison authority had power to alter, enlarge, or rebuild any of its prisons, and to build other prisons in lieu of or in addition to any subsisting prisons, if the necessity so to do was shown, and the approval of the Secretary of State obtained, and the other conditions complied with, and doubts have arisen as to whether the Prison Act, 1877, enables the Secretary of Vict. c. 21. State to exercise the said power, and it is expedient to remove such doubts : 40 & 41 Be it, therefore, enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows: Sect 1. 1. This Act shall be construed as one with the Prison Construc- Act, 1877. tion and short title. Explanation as to power of This Act may be cited as the Prison Act, 1884, and this Act and the Prison Act, 1877, may be cited together as the Prison Acts, 1877 and 1884. 2. (1.) The Secretary of State, with the approval of the Treasury, may alter, enlarge, or rebuild any prison, and Secretary build any new prison which appears to be necessary, enlarge for that purpose shall have all the powers conferred by the of State to and Prison Act, 1865, for the like purpose on a prison authority Sect. 2. who had obtained the sanction of a Secretary of State. and build new (2.) The Secretary of State, in lieu of building, may by prisons. such declaration as hereinafter mentioned, appropriate as a prison any suitable building or part of a building vested in him or under his control, including any prison for convicts under the superintendence of the directors of convict prisons which is situate in England. (3.) The Secretary of State may from time to time declare that any building or part of a building built for or appropriated as a prison in pursuance of this Act shall, and the same accordingly shall, be a prison under the Prison Act, 1865, and the Prison Act, 1877, and be within the jurisdiction of the Prison Commissioners, and be a prison for the county and prison jurisdiction named in the declaration; such declaration may be at any time revoked by the Secretary of State, but while in force shall have full effect. Provided that nothing in such declaration shall alter the legal estate in any building. (4.) Any act of the Secretary of State done before the passing of this Act, which if done after the passing of this Act would have been valid, shall be as valid as if it had been done in pursuance of this Act. (5.) There shall be repealed sections twenty-three to twenty-nine, both inclusive, of the Prison Act, 1865, without prejudice to any right acquired or liability incurred under those sections. By the Prison Act, 1865, the prison authorities who were usually either the local justices or municipal council, were required to provide prison accommodation. By the Prison Act, 1877, the prisons were vested in prison commissioners who act under the Secretary of State, and the prison authorities were no longer required to provide prisons. Sections 6, 16, and 48. By the Prison Act of 1865, as mentioned in the above recital, prison authorities had power to alter, enlarge, and rebuild prisons or to build new ones (section 23), and they had power to take land for this purpose. In the Prison Act, 1877, provisions were omitted to enable the Secretary of State to exercise these powers. After the prison authorities had Sect. 2. obtained the sanction of the Secretary of State they had power to take land compulsorily for enlarging a prison or making it more commodious or safe. For new prisons they could only take land by agreement. The following are the provisions Certain of 8 & 9 Vict. c. 18 44. Any prison authority may purchase and hold such lands or provisions easements relating to lands as they may require for the purposes of this Act; and to facilitate such purposes, the Lands Clauses Consolidation Act, 1845, and the Act amending the same, passed in the session of the twenty-third and twenty-fourth years of the reign of Her present Majesty, chapter one hundred and six, shall be incorporated with this Act, with the exceptions and subject to the conditions hereinafter contained; (that is to say,) incorporated. Confirma tion of title to (1.) There shall not be incorporated with this Act the sections and provisions of the Lands Clauses Consolidation Act, 1845, hereinafter mentioned; (that is to say,) section 16, whereby it is provided that the capital is to be subscribed before the compulsory powers are to be put in force; section seventeen, whereby it is provided that the certificate of the justices shall be evidence that the capital has been subscribed; the provisions relating to the entry upon lands by the promoters of the undertaking contained in sections eighty-four to ninetyone, both inclusive; section one hundred and twenty-three, whereby a limit of time for the compulsory purchase of land is imposed; or the provisions relating to access to the special Act: (2.) In the construction of this Act and the said incorporated Acts, this Act shall be deemed to be the special Act, and the prison authority shall be deemed to be the promoters of the undertaking, and the word "lands" shall include any easement in or out of lands: (3.) The prison authority shall not, except in respect of lands contiguous to a prison, and required for the purpose of enlarging a prison or rendering it more commodious or safe, put in force the provisions of the said incorporated Acts with respect to the purchase of land otherwise than by agreement. 45. When any lands have been purchased for the purposes of a prison in pursuance of this Act, such lands shall, at the expiration of five years from the date of a conveyance having been made to any person or body lands pur- corporate on trust for such purposes, absolutely vest in that person chased for or body corporate for all the estate or interest purported to be conpurpose of veyed, to be held on trust for the aforesaid purposes; and if before the prison. expiration of the said term of five years any proceedings are taken on which judgment is obtained for the recovery of the possession of the said lands, then within two calendar months after judgment has been obtained, there shall be paid to the person obtaining such judgment, instead of the delivery of possession of the lands, all costs incurred in obtaining such judgment and compensation for the full value of his estate or interest in such lands, the amount of such compensation to be ascertained in manner provided by the said Lands Clauses Consolidation |