Subject also to sending in a map or plan. trol or management of such streets, bridges, sewers, drains or tunnels, and the intended work must be done under the superintendence of such authorities or their officers. The undertakers must reinstate without delay any street, bridge, sewer, drain, or tunnel so broken up; and in case of delay the authority having the control or management may reinstate the same and recover the expenses from the undertakers. For such delay, or, indeed, for opening or breaking up any street, &c. without the required notice, or failing to keep the place broken up duly fenced, guarded and lighted, or neglecting to keep any road or pavement in repair for the space of six months after it is made good, the undertakers incur a penalty not exceeding 57. for every such offence, and a further penalty of 51. for each day during delay, after notice, in reinstating any place broken Private land, up or in completing the necessary work. The undertakers are, however, not entitled to lay down any pipe or other work in any land not dedicated to public use without the consent of the owners and occupiers thereof; but the undertakers may at any time enter upon and lay any new pipe in the place of an existing pipe in any land wherein any pipe has been already lawfully laid down in pursuance of the Act of 1847 or the special act, or any other act of parliament, and may repair or alter any pipe so laid down. &c. RIGHTS OF THE COMMUNITY Owners and occupiers are entitled to demand a supply of water for domestic purposes only where they have laid down communication pipes and paid or tendered the water rate payable in respect thereof. Any owner or occupier wishing to have water from the waterworks brought into his premises is empowered by the Act of 1847, upon paying or tendering the portion of water rate in respect of such premises by that or the special act directed to be paid Service pipes. in advance, to open the ground (having first obtained the consent of the owners and occupiers thereof) between the pipes of the company and his premises, and lay any leaden or other pipes from such premises to communicate with the pipes of the undertakers. Such pipes must be of a strength and material approved of by the company, and fourteen days' notice must be given to the company before beginning to lay any such pipes. The connecting of the service pipes with the company's pipes must be made under the superintendence of their surveyor, and two days' notice of the hour and day when such connection is to be made must be given to the company; and any dispute as to the manner of the communication of the pipes is to be determined by two justices (in Scotland by the sheriff), or by the inspector appointed as provided by the act (see post, p. 244). In the absence of special provisions, the bore of service pipes must not exceed half an inch, unless with the consent of the company. Any person who either has laid down service pipes, or has become the proprietor of them, is entitled to remove the same at any time after giving six days' notice in writing to the company; and he must make compensation to the company for any injury or damage to their pipes or works caused by such removal. Should anyone remove such pipes without giving the necessary notice to the company, he will incur a penalty of 57. to the company over and above the damage which he may be found liable to pay in any action at law at the suit of the company for the damage done to their pipes or works. For the purpose whether of laying or of removing such service pipes any owner or occupier is entitled to open or break up so much of the pavement of any street as shall be between the pipe of the company and his house, building, or premises, and any sewer or drain therein, "doing as little damage as may be, and making compensation for any damage done in the execution of any such work." And every such owner or occupier desiring to break up the pavement of any street, or any sewer or drain therein, shall be subject to the same necessity of giving previous notice, and shall be subject to the same control, restriction, and obligations in and during the time of breaking up the same, and also reinstating the same, and to the same penalties for any delay in regard thereto, as the company are subject to by virtue of the Act of 1847 or the special act. Service pipes to houses not in annual value. While the general rule is, as above stated, that the exceeding 10%. service pipes must be provided by the persons seeking to be supplied, the Act of 1847 contains certain exceptional enactments in regard to dwelling-houses the annual value of which does not exceed 107., and which are situated in any street in which pipes have been laid by the company. In such a case, upon the request of the owner of such dwelling-house, or upon the request of the occupier, with the consent in writing of the owner or reputed owner, or of the agent of such owner, and upon payment or tender of the proportion of water rate in respect of such house by that or the special act made payable in advance, the company are required to lay down communication pipes and other necessary works for the supply of such house with water for domestic or other purposes, and to keep the same in repair; and thereupon the occupier of such house is entitled to have a sufficient supply of water for his domestic purposes. The company may charge for such pipes and works, in addition to the water rate, such "reasonable annual rent" as may be agreed upon, or, in case of dispute, as may be settled in manner provided for by the act; and such pipes are declared not to be subject to distress (or, in Scotland, to the landlord's hypothec) for rent, and cannot be taken in execution or under proceedings in bankruptcy against the occupier or owner. The owner, or reputed owner, of such a house is entitled to become the owner of such pipes by paying off the amount then due to the company in respect of the costs of providing and laying down the same, and all rent due in respect thereof; and upon this all further rent in respect thereof shall cease. Penalties are imposed upon the company if they neglect or refuse to lay down such pipes; and, on the other hand, if the occupier refuse to pay for a supply of water, or if the house remain unoccupied for twelve months, the company may demand from the owner payment of the amount of the principal money invested in such pipes; and if, after ten days' notice, the owner neglect or refuse to pay such principal money, the company may enter the house and remove the pipes, and recover the balance of such principal money (after deducting the value of the pipes) with all arrears of rent for such pipes and the costs incurred, from the owner or from the occupier, in the same manner as water rates may be recovered. The owners of all dwelling-houses, or parts of dwellinghouses occupied as separate tenements, the annual value of which houses or tenements does not exceed the sum of 107., are liable to the payment of the water rates instead of the occupiers thereof; and the person receiving the rents of any such house or tenement from the occupier thereof on his own account, or as agent or receiver for any person interested therein, is to be deemed the owner of such house or tenement. pursued where with water. The conditions under which the inhabitants of any Course to be part of a town or district not supplied with water for part of a town domestic use, are entitled, under "The Waterworks or district is not supplied Clauses Act, 1847," to demand such supply from the company, will next be considered. That act requires the company to cause pipes to be laid down and water to be brought to every part of the town or district within the limits of the special act whereunto they shall be required by so many owners or occupiers of houses in that part of the town or district as that the aggregate amount of water rate payable by them annually, at the rates specified in the special act, shall be not less than one-tenth part of the expense of providing and laying down such pipes. No such requisition is binding on the company unless such owners or occupiers severally execute an agreement binding themselves to take such supply of water for three successive years at least. If, for twentyeight days after demand in writing and tender of the necessary agreement, the company refuse or neglect to lay down pipes, and provide the required supply of water, they forfeit to each owner and occupier the amount of rate which he would be liable to pay under such agreement, and also the further sum of 40s. for every day during which they shall refuse or neglect to lay down. Penalty on company for neglecting or refusing to give supply. SUPPLY FOR Fireplugs. such pipes, or to provide such supply of water. But the undertakers will not be liable to any penalty for not supplying water if the want of such supply should arise from frost, unusual drought, or other unavoidable cause or accident. If the undertakers neglect or refuse to furnish to any owner or occupier entitled under the general or special act to receive a supply of water during any part of the time for which the rates for such supply have been paid or tendered, they are liable (unless when prevented by frost, unusual drought, or other unavoidable cause or accident, or during necessary repairs) to a penalty of 107., and to a further penalty of 40s. for each day during the continuance of such neglect or refusal after notice in writing of the want of the supply. The undertakers are bound, at the request of the local authority, to fix proper fireplugs in the main and other pipes belonging to them at convenient distances, not being more than 100 yards from each other (unless some other distance be prescribed by the special act), and at such places as may be most proper and convenient for the supply of water for extinguishing fire. Any difference of opinion as to the proper position or number of the fireplugs is to be settled by the inspector appointed by the local authority, or, if no inspector be appointed, then by the justices. These fireplugs the undertakers are bound from time to time to renew and keep in effective order, and they are to deposit the keys thereof at each place within the limits of the special act where any public fire-engine is kept, and in such other places as may be appointed by the local authority. They are furthermore required to put up a public notice in some conspicuous place in each street in which a fireplug is situated, showing its situation, and the act makes it lawful for them to put up such notice. But while the duty rests with the undertakers of doing all these things, the act provides that the cost of such fireplugs and the expense of fixing, placing, and maintaining the same in repair, and of providing keys |