Register of

meters to be evidence.

Amendment of

23. Where water is supplied by measure the register of the meter or other instrument for measuring water shall be primâ facie evidence of the quantity of water consumed and in respect of which any water rent is charged and sought to be recovered by the undertakers: Provided always, that if the undertakers and the consumer differ as to the quantity consumed, such difference shall be determined, upon the application of either party, by two justices, who may also order by which of the parties the costs of the proceedings before them shall be paid, and the decision of such justices shall be final and binding on all parties.

24. Section 44 of The Waterworks Clauses Act, 1847, shall, 10 & 11 Vict. for the purposes of this order, have effect as if the words "with c. 17, s. 44. the consent in writing of the owner or reputed owner of any such house, or of the agent of such owner," were omitted therefrom: Provided always, that any rent paid by an occupier in pursuance of the provisions of the said section may be deducted by such occupier from any rent from time to time. due by him to such owner.

When several

houses supplied by one pipe, each to pay.

Supply of

water to tenements

in a row.

25. When several houses or parts of houses in the occupation of several persons shall be supplied by one common pipe, the several owners or occupiers of such houses or parts of houses shall be liable to the payment of the same rates for the supply of water as they would have been liable to if each of several houses or parts of houses had been separately supplied with water from the works of the undertakers by a distinct pipe: Provided always, that the undertakers shall not be compelled to supply water to the occupier of any part of a dwelling-house unless the water rate is paid for the whole of such building, house, and premises.

26. Where there are several tenements in a row no tenant or occupier of any one of the tenements, nor any person on his behalf, shall take or use the water laid on by the undertakers to any other such tenement, unless the tenant or occupier be, in respect of the tenement so occupied by him, rated under this order for a supply of water.

PENALTIES.

Impurity of

water.

27. If on any day the water supplied by the undertakers is of less purity than it ought to be according to the provisions

of this order, the undertakers shall in every such case be liable to a penalty not exceeding 107.; Provided that no penalty shall be incurred in any case in which it is proved that the defect in purity was occasioned by an unavoidable cause or accident.

meters.

28. Every person who wilfully, fraudulently, or by culpable Injuring negligence injures or suffers to be injured any meter or fittings belonging to the undertakers, or who fraudulently alters the index to any meter, or prevents any meter from duly registering the quantity of water supplied, or fraudulently abstracts, consumes, or uses water of the undertakers, shall (without prejudice to any other right or remedy for the protection of the undertakers or the punishment of the offender) for every such offence forfeit and pay to the undertakers a sum not exceeding 5., and the undertakers may in addition thereto recover the amount of any damage by them sustained; and in any case in which any person has wilfully or fraudulently injured or suffered to be injured any pipe, meter, or fittings belonging to the undertakers, or has fraudulently altered the index to any meter, or prevented any meter from duly registering the quantity of water supplied, the undertakers may also, until the matter complained of has been remedied, but no longer, discontinue the supply of water to the person so offending (notwithstanding any contract previously existing); and the existence of artificial means for causing such injury, alteration, or prevention, or for abstracting, consuming, or using water of the undertakers, when such pipe, meter, or fittings is or are under the custody or control of the consumer, shall be primâ facie evidence that such injury, alteration, prevention, abstraction, or consumption, as the case may be, has been fraudulently, knowingly, and wilfully caused by the consumer using such meter.

or

29. Any tenant or occupier of one or part of one of several houses or tenements supplied by a common pipe who takes uses the water laid on by the undertakers to any other such house or tenement, or allows the same to be used contrary to the provisions of this order, shall for every such offence be liable to a penalty not exceeding five pounds.

Misuser where supply to several houses

is by a pipe

common to all.

Incoming tenant not

liable to pay

arrears.

Several names in one summons.

Warrant of distress to

include costs.

Liability to water rate not to dis

qualify justices from acting.

Incorporation of section 140 of "The Companies Clauses Act, 1845."

Costs of order.

MISCELLANEOUS.

30. In case any consumer of water supplied by the undertakers leave the premises where such water has been supplied to him without paying to them the water rate or meter rent due from him, the undertakers shall not be entitled to require from the next tenant of such premises the payment of the arrears left unpaid by the former tenant, unless such incoming tenant has undertaken with the former tenant to pay or exonerate him from the payment of such arrears.

31. Any summons or warrant issued for any of the purposes of this order may contain, in the body thereof or in the schedule thereto, several names and several sums.

32. Any justice who issues a warrant of distress in pursuance of the provisions of this order may order that the costs of the proceedings for the recovery of the money to be levied shall be paid by the person liable to pay such money, and such costs shall be ascertained by the justice, and shall be included in the warrant of distress for the recovery of such money.

33. No justice or judge of any county court or quarter sessions shall be disqualified from acting in the execution of this order by reason of his being liable to the payment of any water rate or other charge under this order.

34. Section 140 of The Companies Clauses Consolidation Act, 1845, shall be and is hereby incorporated with this order: Provided that, for the purposes of such incorporation, the expression "the company" in the said section shall mean the undertakers.

See supra, p. 342, note to Clause 17.

35. All the costs, charges, and expenses of and incidental to the applying for, preparing, obtaining, and confirming this order, and otherwise in relation thereto, shall be paid by the undertakers.

PROVISIONAL ORDERS UNDER THE GENERAL PIER AND HARBOUR ACT, 1861.

INTRODUCTORY NOTES.

A considerable number of companies have been formed to erect piers. The necessary powers are readily obtained from the Board of Trade at a trifling expense. The Board can authorise the construction of any pier, harbour, quay, wharf, jetty, or excavation, on or near the shore of the sea, or of any creek, bay, or arm of the sea, or navigable river communicating therewith, in the United Kingdom, provided that the estimated expenditure does not exceed 100,0007.

By 46 Geo. III. c. 153, s. 1, it is provided as follows:

"From and after the passing of this Act, it shall not be lawful for any person or persons to make, construct, or erect any pier, quay, wharf, jetty, breast, or embankment in or adjoining to any public harbour in the United Kingdom, or any river immediately communicating therewith, so far as the tide flows up the same, without giving at least one month's previous notice of his, her, or their intention so to do to the Secretary of the Admiralty, who is to lay the same before the Lord High Admiral or lords commissioners of the Admiralty for the time being."

The penalty for an offence against this provision is 2007. This enactment has been modified by 25 & 26 Vict. c. 69, s. 15, which provides that:

"From and after the 31st day of December, 1862, the Act, of the 46th year of King George III. (Chap. 153), 'For the Preservation of the Public Harbours of the United Kingdom,' shall be read as if the Board of Trade were therein named instead of the Admiralty."

All notices therefore which were formerly deposited at the Admiralty under 46 Geo. III. c. 153, must now be deposited at the Board of Trade.

By Section 7 of the Crown Lands Act, 1866, 29 & 30 Vict.

c. 62, it is provided that :-" From and immediately after the 31st day of December, 1866, all such parts and rights and interest as then belong to Her Majesty in right of the Crown of and in the shore and bed of the sea, and of every channel, creek, bay, estuary, and of every navigable river of the United Kingdom, as far up the same as the tide flows (and which are hereinafter for brevity called the foreshore), except as in this Act provided, shall, subject to the provisions of this Act, and subject also to such public and other rights as by law exist in, over, or affecting the foreshore or any part thereof, be and the same are hereby transferred from the management of the Commissioners of Woods to, and thenceforth the same shall be under, the management of the Board of Trade."

Section 8 of the same Act provides as follows:

"8. The Board of Trade shall have and may exercise all the powers and authorities, rights, and privileges, whatsoever, with regard to the foreshore which the Commissioners of Woods now have or are entitled to exercise with respect to the same."

The management of the rights and interests of the Crown of and in the foreshore and bed of the sea is, thus, with certain exceptions, transferred to the Board of Trade.

All persons proposing to erect works on the foreshore, i.e., the land between high and low water mark of ordinary medium tides, or in the bed of the sea, or to remove stones, sand, or shingle from the same, should apply to the Board of Trade, with the view of making arrangements as respects the rights and interests of the Crown in the foreshore or bed of the sea which will be used or interfered with.

In the case of any proposed works such application may be made simultaneously with that for the assent of the Board of Trade in the interests of navigation.

It is to be understood that the Board of Trade have every desire to remove obstacles in the way of public improvements and to assist any useful works. They are also anxious not to interfere with any private rights. They are bound, however, in all their proceedings to see that no injury is caused to navigation by works on the foreshore, that there is no interference with undoubted public rights, and that the title which the Crown prima facie has in the foreshore and bed of the sea is not injured.

The power of the Board of Trade to make provisional order