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Tenants under existing Leases to repay the Owner.
Rates how to
Profits of the
Profits of the
from the Occupier thereof, on his own Account, or as Agent or Receiver for any Person interested therein, shall be deemed the Owner of such House or Tenement.
LXXIII. Provided always, That when any Owner shall pay any such Rate in respect of any such Dwelling House or Part of a Dwelling House which shall be in the Occupation of any Tenant under any Lease or Agreement made prior to the passing of the special Act, such Tenant shall repay to the Owner all Sums which shall be so by him paid during the Continuance of such Lease, unless it have been agreed that the Owner shall pay the Water Rates in respect of such Dwelling House or Part of a Dwelling House; and every such Sum of Money payable by the Tenant to the Owner, under the Provision herein-before contained, may be recovered, if the same be not paid upon Demand, as Arrears of Rent could be recovered from the Occupier by the said Owner.
LXXIV. If any Person supplied with Water by the Undertakers, or liable as herein or in the special Act provided to pay the Water Rate, neglect to pay such Water Rate at any of the said Times of Payment thereof, the Undertakers may stop the Water from flowing into the Premises in respect of which such Rate is payable, by cutting off the Pipe to such Premises, or by such Means as the Undertakers shall think fit, and may recover the Rate due from such Person, if less than Twenty Pounds, with the Expences of cutting off the Water, and Costs of recovering the Rate, in the same Manner as any Damages for the Recovery of which no special Provision is made are recoverable by this or the special Act; or if the Rate so due amount to Twenty Pounds or upwards, the Undertakers may recover the same, with the Expences of cutting off the Water, by Action in any Court of competent Jurisdiction.
And with respect to the Amount of Profit to be received by the Undertakers when the Waterworks are carried on for their Benefit, be it enacted as follows:
LXXV. The Profits of the Undertaking to be divided among Company to be the Undertakers in any Year shall not exceed the prescribed Rate, or where no Rate is prescribed they shall not exceed the Rate of Ten Pounds in the Hundred by the Year on the paid-up Capital in the Undertaking, which in such Case shall be deemed the prescribed Rate, unless a larger Dividend be at any Time necessary to make up the Deficiency of any previous Dividend which shall have fallen short of the said yearly Rate.
If Profits exceed the Amount limited, Excess to be invested and form a
LXXVI. If the clear Profits of the Undertaking in any Year amount to a larger Sum than is sufficient, after making up the Deficiency in the Dividends of any previous Year as aforesaid, to make a Dividend at the prescribed Rate, the Excess reserved Fund. beyond the Sum necessary for such Purpose shall from Time to Time be invested in Government or other Securities, and the Dividends and Interest arising from such Securities shall also be invested in the same or like Securities, in order that the same may accumulate at Compound Interest until the Fund so
formed amounts to the prescribed Sum, or if no Sum be pre- Profits of the scribed to a Sum equal to One Tenth Part of the nominal Capital of the Undertakers, which Sum shall form a reserved Fund to answer any Deficiency which may at any Time happen in the Amount of divisible Profits, or to meet any extraordinary Claim or Demand which may at any Time arise against the Undertakers; and if such Fund be at any Time reduced it may thereafter be again restored to the said Sum, and so from Time to Time as often as such Reduction shall happen.
not to be re
LXXVII. Provided always, That no Sum of Money shall Reserved Fund be taken from the said Fund for the Purpose of meeting any sorted to unless extraordinary Claim, unless it be first certified, in England or to meet an Ireland, by Two Justices, and in Scotland by the Sheriff, that extraordinary the Sum so proposed to be taken is required for the Purpose of meeting an extraordinary Claim within the Meaning of this or the special Act.
LXXVIII. When such Fund shall, by Accumulation or When Fund otherwise, amount to the prescribed Sum, or One Tenth Part amounts to preof the nominal Capital, as the Case may be, the Interest and Interest to be Dividends thereon shall no longer be invested, but shall be applied to applied to any of the general Purposes of the Undertaking to Undertaking. which the Profits thereof are applicable.
If Profits are
the Price of
LXXIX. If in any Year the Profits of the Undertaking less than the divisible amongst the Undertakers shall not amount to the preprescribed Rate, scribed Rate, such a Sum may be taken from the reserved Fund a Sum may be as, with the actual divisible Profits of such Year, will enable the taken from reUndertakers to make a Dividend of the Amount aforesaid, and served Fund to supply so from Time to Time as often as the Occasion shall require. Deficiency. LXXX. In England or Ireland the Court of Quarter Ses- If Profits are sions, and in Scotland the Sheriff of such County, may, on the more than the Amount prePetition of any Two Water-rate Payers within the Limits of scribed, a ratethe special Act, appoint some Accountant or other competent able Reduction Person, not being a Proprietor of any Waterworks, to examine to be made in and ascertain, at the Expence of the Undertakers, the actual State and Condition of the Concerns of the Undertakers, and make report thereof to the said Court at the then present or some following Sessions, or to the Sheriff, (the Amount of such Expence to be determined by the said Court or Sheriff,) and the said Court or Sheriff may examine any Witnesses upon Oath touching the Truth of the said Accounts, and the Matters therein referred to; and if it thereupon appear to the said Court or Sheriff that the Profits of the Undertakers for the preceding Year have exceeded the prescribed Rate, the Undertakers shall, in case the whole of the said reserved Fund has been and then remains invested as aforesaid, and in case Dividends to the Amount herein-before limited have been paid, make such a rateable Reduction in the Rates for Water to be furnished by them as in the Judgment of the said Court or Sheriff shall be proper, but so as such Rates, when reduced, shall insure to the Undertakers, regard being had to the Amount of Profit before received, a Profit as near as may be to the prescribed Rate. LXXXI. Pro
[No. 16. Price 2d.]
to pay the
LXXXI. Provided always, That if, in the Case of any order Petitioner Petition so presented, it appear to the said Court or Sheriff Costs of ground- that there was no sufficient Ground for presenting the same, the said Court or Sheriff may, if they or he think fit, order the Petitioner to pay the whole or any Part of the Costs of or incident to such Petition (the Amount thereof to be determined by the said Court or Sheriff), and the Costs so ordered to be paid shall be recoverable in the same Way as Damages are recoverable under this or the special Act.
Penalty on Undertakers refusing to
LXXXII. If the Undertakers shall, for Seven Days after being required to produce to the said Court or Sheriff, or to the said Accountant or other Person as aforesaid, any Books produce Books, Vouchers, &c. of Account, or other Books, Bills, Receipts, Vouchers, or Papers relating to their pecuniary Affairs, refuse or neglect to produce such Books, Bills, Receipts, Vouchers, or Papers, they shall forfeit the Sum of One hundred Pounds for every such Refusal or wilful Neglect, and the further Sum of Ten Pounds for every Day during which such Refusal or wilful Neglect shall continue after the Expiration of the said Seven Days; such respective Penalties to be recovered by any Person who will sue for the same, with full Costs of Suit, in any of the Superior Courts.
to be made up
by Undertakers, and sent to the
Clerk of the
Peace in Eng
land or Ireland, or to the Sheriff Clerk in Scotland, and to be open to Inspection.
LXXXIII. And with respect to the yearly Receipt and Expenditure of the Undertakers, be it enacted, That the Undertakers shall, in each Year after they have begun to supply Water under this or the special Act, cause an Account in abstract to be prepared of the whole Receipt and Expenditure of all Rates or other Monies levied under the Powers of this or the special Act for the Year preceding, under the several distinct Heads of Receipt and Expenditure, with a Statement of the Balance of such Account, duly audited and certified by the Chairman of the Undertakers, and also by the Auditors thereof, if any; and a Copy of such annual Account shall be sent, free of Charge, to the Clerk of the Peace for the County in which the Waterworks are situated, if the Waterworks are situated in England or Ireland, and if the Waterworks are situated in Scotland, to the Sheriff Clerk of such County, on or before the Thirty-first Day of January in each Year, under a Penalty of Twenty Pounds for each Default; and the Copy of such Account so sent to the said Clerk shall be kept by him, and shall be open to Inspection by all Persons, at all seasonable Hours, on Payment of One Shilling for each Inspection.
LXXXIV. And with respect to Tender of Amends, be it enacted, That if any Person shall have committed any Irregularity, Trespass, or other wrongful Proceeding in the Execution of this or the special Act, or any Act incorporated therewith, or by virtue of any Power or Authority thereby given, and if before Action brought in respect thereof such Person make Tender of sufficient Amends to the Person injured, such lastmentioned Person shall not recover in any such Action; and if no such Tender have been made the Defendant may, by Leave of the Court where such Action is pending, at any Time
before Issue joined, pay into Court such Sum of Money as he thinks fit, and thereupon such Proceedings shall be had as in other Cases where Defendants are allowed to pay Money into Court.
And with respect to the Recovery of Damages not specially provided for, and of Penalties, and to the Determination of any other Matter referred to Justices or to the Sheriff, be it enacted as follows:
LXXXV. If the Waterworks be in England or Ireland, Railways the Clauses of the Railways Clauses Consolidation Act, 1845, Clauses Conwith respect to the Recovery of Damages not specially pro- 1845, as to vided for, and of Penalties, and to the Determination of any Damages, &c., other Matter referred to Justices, shall be incorporated with to be incorporated with this and the special Act, and if the Waterworks be in Scotland, this and the the Clauses of the Railways Clauses Consolidation Act (Scot- special Act. land), 1845, with respect to the Recovery of Damages not specially provided for, and to the Determination of any other Matter referred to the Sheriff or to Justices, shall be incorporated with this and the special Act, and such Clauses shall apply to the Waterworks and to the Undertakers respectively, and shall be construed as if the Word "Undertakers" had been inserted therein instead of the Word " Company."
Part of Penal
LXXXVI. Provided always, That in Ireland, in the Case In Ireland, of any Penalty imposed by Justices, where the Application is ties to be paid not otherwise provided for, such Justices may award not more to Guardians than One Half of such Penalty to the Informer, and shall award of Unions. the Remainder to the Guardians of the Poor of the Union within which the Offence shall have been committed, to be applied in aid of the Poor Rates of such Union.
LXXXVII. All Things herein or in the special Act, or any Act incorporated therewith, authorized or required to be done by Two Justices, may and shall be done, in England and Ireland, by any One Magistrate having by Law Authority to act alone for any Purpose with the Powers of Two or more Justices, and in Scotland by the Sheriff or Steward of any County, Stewartry, or Ward, or his Substitute.
quired to be done by Two Justices Ireland may, in done by One, and Sheriff, &c.
in England and
in Scotland by the
tan Police Dis
der 2 & 3 Vict.
LXXXVIII. Every Penalty or Forfeiture imposed by this Penalties, &c. or the special Act, or any Act incorporated therewith, or by imposed in any Bye Law in pursuance thereof, in respect of any Offence Offences comwhich shall take place within the Metropolitan Police District, mitted within shall be recovered, enforced, accounted for, and, except where the Metropolithe Application thereof is otherwise specially provided for, shall trict, to be paid be paid to the Receiver of the Metropolitan Police District, and to the Receiver, shall be applied in the same Manner as Penalties or Forfeitures, and applied unother than Fines upon drunken Persons, or upon Constables for Misconduct, or for Assaults upon Police Constables, are directed to be recovered, enforced, accounted for, paid, and applied by an Act passed in the Third Year of the Reign of Her present Majesty, intituled An Act for regulating the Police Courts in the Metropolis; and every Order or Conviction of any of the Police Magistrates in respect of any such Forfeiture or Penalty
Recovery of Penalty shall be subject to the like Appeal, and upon the same Terms, as is provided in respect of any Order or Conviction of any of the said Police Magistrates by the said last-mentioned Act; and every Magistrate by whom any Order or Conviction shall have been made shall have the same Power of binding over the Witnesses who shall have been examined, and such Witnesses shall be entitled to the same Allowance of Expences, as they would have had or been entitled to in case the Order, Conviction, and Appeal had been made in pursuance of the Provisions of the said last-mentioned Act.
Persons giving false Evidence ties of Perjury.
liable to Penal
Access to special Act.
Copies of special Act to be kept in their Office, and deposited with the Clerks &c., and be open
of the Peace,
7 W. 4. &
1 Vict. c. 83.
failing to keep
Undertakers not exempt
from Provisions of 57 G. 3.
c. xxix. or from the Laws regulating Sewers.
LXXXIX. Every Person who upon any Examination upon Oath under the Provisions of this or the special Act, or any Act incorporated therewith, shall wilfully and corruptly give false Evidence, shall be liable to the Penalties of wilful and corrupt Perjury.
And with respect to Access to the special Act, be it enacted as follows:
XC. The Undertakers shall at all Times after the Expiration of Six Months after the passing of the special Act keep in their principal Office of Business a Copy of the special Act, printed by the Printers to Her Majesty, or some of them, and shall also within the Space of such Six Months deposit in the Office of the Clerk of the Peace in England or Ireland, and of the Sheriff Clerk in Scotland, of the County in which the Undertaking is situated, a Copy of such special Act, so printed as aforesaid; and the said Clerk of the Peace and Sheriff Clerk shall receive, and they and the Undertakers respectively shall keep, the said Copies of the special Act, and shall allow all Persons interested therein to inspect the same, and make Extracts or Copies therefrom, in the like Manner, and upon the like Terms, and under the like Penalty for Default, as is provided in the Case of certain Plans and Sections by an Act passed in the First Year of the Reign of Her Majesty, intituled An Act to compel Clerks of the Peace for Counties and other Persons to take the Custody of such Documents as shall be directed to be deposited with them under the Standing Orders of either House of Parliament.
XCI. If the Undertakers fail to keep or deposit any of the said Copies of the special Act, as herein-before mentioned, they shall forfeit Twenty Pounds for every such Offence, and also Five Pounds for every Day afterwards during which such Copy shall be not so kept or deposited.
XCII. And be it enacted, That nothing in this Act contained shall be deemed to exempt the Undertakers from the Provisions of an Act passed in the Fifty-seventh Year of the Reign of His late Majesty King George the Third, intituled An Act for better paving, improving, and regulating the Streets of the Metropolis, and removing and preventing Nuisances and Obstructions therein, or from the Laws of Sewers for the Time being in force within Ten Miles from the Royal Exchange in the City of London.