the other portions of this Act included in the expression 'canal (g). Similar powers are given by The Petroleum Act, 1871, to canal companies whose canals are navigated by sea-going ships to make bye-laws regulating the landing of petroleum (h). and 1884. The Canal Boats Acts, 1877 and 1884 (40 & 41 Vict. c. 60 (i), Canal Boats and 47 & 48 Vict. c. 75), are designed to ensure that adequate Acts, 1877 accommodation should be provided and due attention paid to sanitation on canal boats used as dwellings. By section 1 of the Act of 1877 canal boats used as dwellings are to be registered as required by the Act; and failure to comply with its provisions renders the master and owner (k) each liable to a fine not exceeding £1 for each occasion on which the boat is used as a dwelling; and by section 1 of the amending Act, certificates of registry shall cease to be in force in the event of any structural alteration in the boat affecting the conditions under which it was granted. The lettering and numbering of boats must be on both sides of the vessel, and clearly visible from both sides of the canal (40 & 41 Vict. c. 60, s. 3; 47 & 48 Vict. c. 75, 8. 7). The registration authority for the purpose is to be (40 & 41 Vict. c. 60, s. 7) such or more of the sanitary authorities having districts abutting on a canal, as may from time to time be prescribed by the regulation of the Minister of Health; and a canal boat shall be registered with some registration authority having a district abutting on the canal on which such boat is accustomed or intended to ply. Section 2 empowers the Minister of Health to make regulations for registration (1), fixing the number, age, and sex of persons allowed to dwell on a canal boat; and for promoting cleanliness, and preventing infectious disease. By section 6, provision was made for enforcing the provisions of The Education Acts of 1870, 1873, and 1876 (m), with respect to children dwelling on board canal boats; and by section 5 of the (g) "Inland waters means any canal, river, navigation, or water which is not tidal water"; ship" includes any description of vessel used in sea navigation, whether propelled by oars or otherwise "; and boat" means any vessel not a ship as above defined, which is used in navigation in any inland water or harbour, whether propelled by oars or otherwise (section 108). (h) 34 & 35 Vict. c. 105, s. 4. (i) As to repeal of parts of these Acts, see the Education Act, 1921 (11 & 12 Geo. 5. c. 51), s. 173. (k) Section 14 defines owner 64 as a person who, though only the hirer of a canal boat, appoints the master and other persons working it "; and master as "the person being for the time in command or charge of the boat." For regulations made under this section, see St. R. & O. Rev. 1904, tit. Canal. (m) 33 & 34 Vict. c. 75; 36 & 37 Vict. c. 86; 39 & 40 Vict. c. 79; "parent is defined by section 14 as the "guardian and every person liable to maintain, or who has the actual custody of, a child." Canals Pro- Act of 1884, the Education Department was empowered to make regulations as to the form of certificate, &c., to be used by such children. This subject is now governed by The Education Act, 1921 (11 & 12 Geo. 5. c. 51) ss. 50 and 173. 66 66 Canal is defined by section 14 of the Canal Boats Act, 1877, 40 & 41 Vict. c. 60 to mean any river, inland navigation, lake, or water being within the body of a county, whether it is or not within the ebb and flow of the tide "; and the expression canal boat" is stated by the same section to mean " any vessel, however propelled, which is used for the conveyance of goods along a canal as above defined, and which is not a ship duly registered under The Merchant Shipping Act, 1854, and the Acts amending the same." By section 10 of The Canal Boats Act, 1884, 47 & 48 Vict. c. 75, however, the Minister of Health is empowered, on the representation of any registration or sanitary authority, or any inspector under the Act, to declare that the Canal Boats Acts shall apply to any vessel or class of vessels which would be within this definition of a canal boat, if such vessel or vessels were not registered under the Merchant Shipping Acts (n). The Canals Protection (London) Act, 1898 (61 & 62 Vict. c. 16) empowers local authorities within the administrative county of London to require canal companies to protect by fences, gates, (61 & 62 Vict. or rails, &c., any part of a canal within their jurisdiction or the c. 16). Canal shares. banks or towing-paths thereof, if they are in the opinion of such authorities so insufficiently protected as to involve danger to human life (sections 1, 2, 7); and on the failure of the canal company to execute the necessary works, the local authority may execute them and recover the cost from the company (sections 2, 3, 4). We will conclude this section with a few remarks as to canal shares (o), though a full consideration of this branch of law does not properly come within the scope of this work. Canal shares are not estate and interest in land within the meaning of the Statute of Mortmain; and it does not matter if the Act of Parliament incorporating the company does not contain a clause declaring the shares to be personal property (p). (n) See St. R. & O., 1923, Order of July 10, 1922, extending the meaning to all vessels not being sea-going ships or sailing barges generally known as Thames sailing barges, whether registered at the Port of London or elsewhere. (0) As to calls for canal shares, see Huddersfield Canal v. Buckley, 7 T. R. 36; Weald of Kent Canal v. Robinson, 5 Taunt. 801; Norwich and Lowestoft Navigation v. Theobald, Moo. & Malk. 151; Thames Tunnel Co. v. Sheldon, 6 B. & C. 341; see Woolrych, pp. 50 et seq. (p) Edwards v. Hall, 6 De G. M. & G. 74. The shares in the navigation of the Avon under Statute 10 Anne are real estate and liable to dower : Buckeridge v. Ingram, 2 Ves. J. 652; 53 R. R. 220. See House v. Chapman, 4 Ves. 542; 4 R. R. 292. Where an Act of Parliament declared that canal shares should be deemed personal estate, and transmissible as such," they were held to be personal property, though the profits arose out of land, and to pass as such upon the bankruptcy of the holder (q). Where by Act of Parliament canal shares were to be deemed to be personal estate, it was held that they did not bear the character of realty so as to make a bequest of them specific" (r). By a Canal Act the shares were to be deemed personal property. The canal ran through the dioceses of Worcester and Lichfield. The transfer of shares and payment of dividends was in Lichfield-Held, that for purposes of probate, the shares, being personal property, might be considered locally situate in Lichfield (8). The Court will grant a mandamus to a canal company to enter on their books the probate of the will of a shareholder, leaving any question as to validity of probate to be raised by return to the writ (t). The law relative to canal tolls, and the rateability of canals. and canal tolls, is fully discussed in a future chapter (u). II. Water Supply. Water is supplied (x) to the public (1) By companies having Water supply parliamentary powers; (2) By companies which have no such under three parliamentary authority; or (3) By local authorities (y). kinds of bodies. mentary (1) In the case of companies having parliamentary powers, a Companies special Act is obtained, with which it is customary to incorporate with parliathe following general enactments:-The Waterworks Clauses powers. Acts, 1847 and 1863; The Lands Clauses Consolidation Acts, 1845, 1860 and 1869; and The Companies Clauses Consolidation Acts, 1845, 1863 and 1869 (z). The Waterworks Clauses Act, 1847 (10 & 11 Vict. c. 17) (a), extends "only to such waterworks as shall be authorized by (q) Ex parte Lancashire Canal Co., 1 Dea. & Ch. 411. (r) Robinson v. Addison, 2 Beav. 515; 50 R. R. 264. (8) Ex parte Horne, 7 B. & C. 632. (t) Rex v. Worcester Canal, 1 M. & R. 529. (u) See post, Chap. IX., pp. 563 et seq. (a) The law relating to water supply is manifestly too wide a subject to be treated exhaustively in a work like the present. The reader is referred as to a full general statement on this subject to the introduction to Michael & Will on the Law relating to Gas and Water Supply (2nd ed., 1877), and for details as to later decisions and legislation to the 6th ed. (1911). (y) Michael & Will (6th ed.), pp. 69 et seq. (2) Michael & Will (6th ed.), pp. 378 et seq., 1158 et seq., 1078 et seq. (a) Section 12 does not empower a company to execute any works not authorised by the special Act: Simpson v. South Staffordshire Waterworks Co., 11 Jur. (N.s.) 453; 34 L. J. Ch. 380. The Water- works Clauses any Act of Parliament hereafter to be passed (b), which shall declare that this Act shall be incorporated therewith; and all the clauses of this Act, save so far as they shall be expressly varied or excepted by any such Act, shall apply to the undertaking authorized thereby, so far as the same shall be applicable to such undertaking, and shall, with the clauses of every other Act which shall be incorporated therewith, form part of such Act, and be construed therewith as forming one Act." (Section 1.) The term "special Act" is defined (section 2) to mean " any Act which shall be hereafter passed authorizing the construction of waterworks, &c., and with which this Act shall be incorporated." By the same section the word "prescribed," used in this Act in reference to any matter herein stated, shall be construed to refer to such matter as the same shall be prescribed or provided for in the special Act, and the sentence in which such word occurs shall be construed as if instead of the word "prescribed" the expression" prescribed for that purpose in the special Act had been used and the expression "the lands and streams" (c) shall mean the lands and streams of water which shall, by the special Act, be authorised to be taken or used for the purposes thereof; and the expression "the undertaking" shall mean "the waterworks and the works connected therewith by the special Act authorized to construct the waterworks" (d). (b) Section 28 of the Act, 1847, merely enables a water company to lay pipes under streets in connection with the undertaking authorised by their special Acts, and if pipes are being laid in connection with unauthorised works, the owner of the soil can sue the water company in trespass, raise the question of ultra vires, and obtain an injunction without joining the Attorney-General. Semble, a public street or footpath is land dedicated to public use within the meaning of section 29, so that pipes in connection with authorised works could be laid without consent of the owner of the soil: Marriot v. E. Grinstead Gas and Water Co., [1909] 1 Ch. 70; Liverpool v. Chorley Waterworks Co., 2 D. M. & G. 852, 860; and Cardiff Corporation v. Cardiff Waterworks Co., 5 Jur. (N.s.) 953; 4 De G. & J. 596, applied. The fact that the damage is small is immaterial: Goodson v. Richardson (1874), L. R. 9 Ch. 221, applied. In Uckfield Rural Council v. Crowborough Water Co., [1899] 2 Q. B. 664; 68 L. J. Q. B. 1009; 81 L. T. 559; 48 W. R. 63, it was held that section 93 of this Act did not exempt a water company from the provisions of the Public Health Act, 1875 (38 & 39 Vict. c. 55), s. 157, and that they were bound to comply with the bye-laws made by a local sanitary authority under that Act. The Court will not restrain a company from applying to Parliament for a new Act, at the instance of a shareholder, as a right of making such an application is incident to a joint-stock company of that description: Ware v. Grand Junction Water Co., 2 Russ. & M. 470; 34 R. R. 136. (c) By section 3, "lands" include messuages, lands, tenements and hereditaments, or heritages of any tenure "; " streams include springs, brooks, rivers, and other running waters." The Act places the taking of streams on the same footing as the taking of land under 8 & 9 Vict. c. 18; see Ferrand v. Bradford (Mayor of), 21 Beav. 412; 2 Jur. (N.s.) 175. (d) Section 3 defines "waterworks to mean the waterworks and works connected therewith, by the special Act authorized to be constructed." A water company authorised by their special Act to supply water to certain places defined by the Act to be the limits of the Act, cannot supply water outside the limits although not expressly forbidden by the Act to do so: Att.-Gen, v. West Gloucestershire Water Co., [1909] 1 Ch. 636; W. N. 60, 141, C. A. A notice Water rate" is defined by section 3 to include any rent, reward or payment to be made to the undertakers for a supply of water." Clauses Act, 1863. This statute was amended by the 26 & 27 Vict. c. 93, The Waterworks Waterworks Clauses Act, 1863, s. 1 of which, after reciting the Act of 1847, states that "sundry provisions of the like nature, but not comprised in the said Act, are now frequently introduced into Acts of Parliment relating to waterworks, and it is expedient to comprise such last-mentioned provisions also in one Act;" and section 2 of which provides that the terms used in the Act. shall have the same meaning as the same terms when used in The Waterworks Clauses Act, 1847, and the provisions as to the recovery of penalties contained therein are incorporated with this Act (e). The Lands Clauses Consolidation Act, 1845, (8 Vict. c. 18), The Lands Clauses Conconsolidates the provisions usually introduced into Acts relative solidation to the purchase of land for public purposes. By section 1, it Act, 1845. applies to every undertaking authorized by any Act which shall hereafter be passed, and which shall authorize the purchase or taking of lands for such undertaking." It enacts that "this Act shall be incorporated with such Act; and all the clauses and provisions of this Act, save so far as they shall be expressly varied or excepted by any such Act, shall apply to the undertaking. authorized thereby, so far as the same shall be applicable to such undertaking, and shall, as well as the clauses and provisions of every other Act which shall be incorporated with such Act, form part of such Act, and be construed therewith as forming one Act." Section 2 defines "special Act" to mean any Act which shall be hereafter passed which shall authorize the taking of lands for the undertaking to which the same relates, and with which this Act shall be so incorporated as aforesaid; " and section 5 provides the form in which portions of the Act may be incorporated with other Acts (f). 66 under section 22 of the Act of the intention to work coal under land adjoining waterworks does not affect the common law right to support of the adjacent soil: New Moss Colliery Co. v. Manchester Corporation, [1908] A. C. 117; 77 L. J. Ch. 392; 91 L. T. 467; 72 J. P. 169; 6 L. G. R. 809; 24 T. L. R. 381, H. L. E. (e) By section 1, "The two Acts may be cited together as the Waterworks Clauses Acts, 1847 and 1863." For decisions on points connected with these Acts ef. Atkinson v. Gateshead Waterworks Co., 2 Ex. D. 441; 46 L. J. Ex. 775; ☞ L. T. 761; Bush v. Trowbridge Waterworks Co., L. R. 10 Ch. 459; 44 L. J. Ch. 45; 33 L. T. 137; Metropolitan Board of Works v. New River Co., 37 L. T. (8.5.) 124; Edgemore Highway Board v. Colne Valley Water Co., 46 L. J. Ch. 859: New River Co. v. Mather, L. R. 10 C. P. 442; 44 L. J. M. C. 105; 32 L. T. 658; see post, note (s), p. 332, and note (h), p. 339. See, too, Hildreth v. Adamson, 8 W. R. 470. (f)" Prescribed" is defined as in the Waterworks Clauses Act, 1817, s. 2. The same section defines "the works or the undertakings to mean the works or undertakings of whatever nature which shall by the special Act be authorised to be executed, and the promoters of the undertaking to include |