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Prevention of
fouling.
Closing pol-
luted wells,
&c.

One local authority may supply water to another local authority.

Formation of united district for water supply.

Local authorities may combine for execution of works.

Power of rural authority to

form special

drainage districts.

Rivers Pollution Preven

tion Act, 1876. See post,p.342.

The Act of 1875 contains stringent provisions to prevent the fouling of water by gas-washings. Where the water in any well, tank, or cistern, public or private, or supplied from any public pump, and used or likely to be used by man for drinking or domestic purposes, or for manufacturing drinks for the use of man, is so polluted as to be injurious to health, a local authority may resort to a court of summary jurisdiction for an order to remedy the same by closing the same or otherwise.

Any local authority supplying water within their own district may, with the sanction of the Local Government Board, supply water to the local authority of any adjoining district, on such terms as may be agreed on between such authorities, or as, in case of dispute, may be settled by arbitration. (See post, pp. 433, 434.)

Where, on the application of the local authorities of any urban or rural districts, or of any of such authorities, it appears to the Local Government Board that it would be for the advantage of such districts, or any of them, or any parts thereof, or of any contributory places in any rural district or districts, to be formed into a united district for the purpose of procuring a common supply of water, the Local Government Board may by provisional order form such districts or contributory places into a united district.

Two or more local authorities may combine together for the purpose of executing and maintaining any works that be for the benefit of their respective districts or any part thereof.

may

A rural authority may, by resolution, to be approved by the Local Government Board, constitute any portion of the area within their jurisdiction a special drainage district for the purpose of charging thereon exclusively the expenses of works of water supply, &c., which are, by the Act of 1875, or, by order of the Local Government Board, may be, declared to be special expenses; and thereupon such area shall become a separate contributory place.

"The Rivers Pollution Prevention Act, 1876," which (so far as regards pollutions by sewage, manufactories and

mines) came into force on the 15th of August, 1877, has made important provisions with reference to the purity of rivers and streams. It prohibits, under penalty, the passing directly or indirectly into any stream of (1) the solid refuse of any manufactory, manufacturing process or quarry, or any rubbish or cinders, or any other waste, or any putrid solid matter; (2) any solid or liquid sewage matter; (3) any poisonous, noxious, or polluting liquid proceeding from any factory or manufacturing process, from being passed into any stream; and (4) any solid matter from any mine in such quantities as to prejudicially interfere with the due flow of the stream, or any poisonous, noxious, or polluting solid or liquid matter proceeding from any mine other than water in the same condition as that in which it has been drained or raised from such mine, unless where the best practicable and reasonably available. means are used to render harmless the poisonous, noxious, or polluting matter. So far as regards manufacturing and mining pollutions, and subject to certain provisoes (as to which, see p. 345), no one save the sanitary authorities can put the act in force, and then only with the consent of the Local Government Board. Individuals aggrieved may set the Local Government Board in motion to compel the sanitary authority to take proceedings. The Board, in giving or withholding their consent, are to have regard to the industrial interests involved in the case, and to the circumstances and requirements of the locality. The Board are required by the act not to consent to proceedings in any district which is the seat of any manufacturing industry, unless they are satisfied, after due inquiry, that means for rendering harmless the poisonous, noxious, or polluting liquids proceeding from the processes of such manufactures are reasonably practicable and available, under all the circumstances of the case, and that no material injury will be inflicted by such proceedings on the interests of such industry. Any person against whom proceedings are proposed to be taken has the right, notwithstanding the consent of the Local Government Board,

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Public Health Act, 1875.

to empty into

streams, &c.

Powers

relating to disposal of sewage.

to be heard by himself, his agents and witnesses, before the sanitary authority as to whether such proceedings ought or ought not be taken. Sanitary authorities are required to give facilities for enabling manufacturers within their district to carry the liquids proceeding from their factories or manufacturing processes into their sewers, subject to certain conditions.

The Public Health Act, 1875, forbids local authorities to make or use any sewer, drain or outfall for the purpose No sewer, &c. of conveying sewage or filthy water into any natural stream or watercourse, or into any canal, pond or lake, until such sewage or filthy water is freed from all excrementitious or other foul or noxious matter such as would affect or deteriorate the purity and quality of the water in such stream or watercourse, or in such canal, pond or lake. The act gives to local authorities ample powers for the disposal of the sewage of their district. For the purpose of receiving, storing, disinfecting, distributing, or otherwise disposing of sewage, they have power (1) to construct works within or without their district; (2) to contract for the use of, purchase, or take on lease land, buildings, engines, materials or apparatus, within or without their district; (3) to contract, for any period not exceeding twenty-five years, to supply any person with sewage, or, as to the execution and costs of works either within or without their district, for the purposes of such supply. The act requires that no nuisance be created in the exercise of any of these powers. Land and easements for these purposes may be acquired under the compulsory powers of the Lands Clauses Act by obtaining a provisional order. Local authorities may deal with any lands held by them for the purpose of receiving, storing, disinfecting, or distributing sewage in such manner as they deem most profitable, either by leasing the same for a period not exceeding twenty-one years for agricultural purposes, or by contracting with some person to take the whole or a part of the produce of such land, or by farming such land and disposing of the produce thereof. Sewage works with

out the district of a local authority cannot be commenced. without first giving three months' notice in the local newspapers, and a copy of such notice must be served on the owners or reputed owners, lessees or reputed lessees, and occupiers of all lands to be affected by the works, and on the overseers of the parishes, and on the trustees, surveyors of highways, or other persons having the care of roads or streets affected thereby. In case of objection, to be served on the local authority before the expiry of the three months, such works cannot be constructed without the sanction of the Local Government Board.

from malicious

contract of

nection with

"The Conspiracy and Protection of Property Act, 1875," Protection has done much to protect local authorities and communities breaches of from wilful and malicious breaches of contracts of service service in conin connection with gas and water supply. Where a person water supply. employed by a municipal authority, or by any company or contractor upon whom is imposed by act of parliament the duty, or who have otherwise assumed the duty, of supplying any city, borough, town or place, or any part thereof, with gas or water, wilfully and maliciously breaks his contract of service, knowing, or having reasonable cause to believe, that the probable consequences of his so doing, either alone or in combination with others, will be to deprive the inhabitants of the place supplied wholly or to a great extent of their supply of gas or water, he is liable, on summary conviction or on indictment, to a penalty not exceeding 207., or to imprisonment not exceeding three months, with or without hard labour. The act imposes on municipal authorities, water and gas companies and contractors the duty, under penalty, of posting up at the works a printed copy of the fourth section of the act in some conspicuous place, where the same may be read by the persons employed. As often as such copy becomes defaced, obliterated or destroyed, the act requires that it shall be renewed with all reasonable dispatch.

of waterworks

A short act has just been passed for the purpose of Construction enabling landowners of limited interests to charge their by limited estates with sums expended by them in constructing reser- estates.

owners of

Municipal
Corporations
(Borough
Funds) Act,

1872.

voirs and other works for the supply of water. It is intituled "The Limited Owners Reservoirs and Water Supply Further Facilities Act, 1877" (40 & 41 Vict. c. 31). The approval of the Inclosure Commissioners in England, and of the Commissioners of Public Works in Ireland, is necessary. The act also enables such landowners to charge their estates with sums subscribed by them for the construction of waterworks by a water company on the same terms and conditions as those on which they are now enabled to charge their estates with subscriptions for the construction of railways and navigable canals under “The Improvement of Land Act, 1864."

In promoting or opposing any bill in parliament local authorities must not omit to conform to the requirements of this act (35 & 36 Vict. c. 91). These requirements (which, however, do not have any application to provisional orders, see post, p. 454, n.) are-(1) a resolution of an absolute majority of the whole number of the local authority at a meeting, after ten clear days' notice, by public advertisement, of such meeting and of the purpose thereof, in some local newspaper, such notice being in addition to the ordinary notices; (2) the resolution must be published twice in some newspaper or newspapers circulating in the district; (3) it must be approved by the Local Government Board; (4) where the promotion of a bill is the matter in hand, no further expense must be incurred or charged after the deposit of the bill, unless the propriety of such promotion shall be confirmed by such absolute majority at a further special meeting to be held, in pursuance of a similar notice, not less than fourteen days after the deposit of the bill in parliament; (5) the promotion or opposition must have had the consent of the owners and ratepayers of the district, to be expressed by resolution in the manner provided in "The Local Government Act, 1858," for the adoption of that act. These consents are now, however, governed by the mode of procedure laid down in "The Public Health Act, 1875," as to resolutions of owners and

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