other waterworks as aforesaid, or wash or cleanse therein Every person who shall cause the water of any sink, sewer, or And every such person shall forfeit a further sum of Twenty See also section 16 of "The Waterworks Clauses Act, 1863," making gas to LXII. Every person making or supplying gas within the limits Penalty for of the special Act who shall at any time cause or suffer to be permitting brought or to flow into any stream, reservoir, aqueduct, or water- substances works belonging to the undertakers, or into any drain communi- produced in cating therewith, any washing or other substance which shall be flow into the produced in making or supplying gas, or who shall wilfully do any undertakers' act connected with the making or supplying of gas whereby the works. water in any such stream, reservoir, aqueduct, or waterworks shall be fouled, shall forfeit to the undertakers for every such offence the sum of two hundred pounds; and such penalty shall Penalty to be recovered, with full costs of suit, in any of the superior Courts; be sued for but such penalty shall not be recoverable unless it be sued for within six during the continuance of the offence, or within six months after it has ceased. months. of the offence. LXIII. In addition to the said penalty of two hundred pounds, Daily penalty and whether such penalty have been recovered or not, the person during the making or supplying gas as aforesaid shall forfeit to the under- continuance takers the sum of twenty pounds, to be recovered in like manner, for each day during which such washing or substance shall be brought or shall flow as aforesaid, or during which the act shall continue by which such water is fouled, after the expiration in either case of twenty-four hours from the time when notice of the offence has been served on such person by the undertakers. to be fouled. LXIV. Whenever the water supplied by the undertakers shall Penalty on be fouled by the gas of any person making or supplying gas gas makers within the limits of the special Act, such person shall forfeit causing water to the undertakers for every such offence a sum not exceeding twenty pounds, and a further sum not exceeding ten pounds for each day during which the offence shall continue after the expiration of twenty-four hours from the service of notice of such offence. LXV. For the purpose of ascertaining whether the water of the Power to undertakers be fouled by the gas of any person making or supply- examine gas fouled. pipes to ascer- ing gas within the limits of the special Act, the undertakers may tain cause of dig up the ground and examine the pipes, conduits, and works of water being the persons making or supplying gas; provided that before proceeding so to dig and examine, the undertakers shall give twentyfour hours' notice in writing to the person so making or supplying gas of the time at which such digging and examination is intended to take place, and they shall give the like notice to the persons having the control or management of the pavements or place where such digging shall take place, and they shall be subject to the like obligation of reinstating the road and pavement, and to the same penalties for delay, or any nonfeasance or misfeasance therein, as herein before provided with respect to roads and pavements broken up by them for laying their pipes. The expenses LXVI. If upon such examination it appear that such water has to abide the been fouled by any gas belonging to such person, the expenses of result of the the digging, examination, and repair of the street or place disexamination. turbed in any such examination shall be paid by the person How expense to be ascertained. Water Rates. Where several houses supplied by one pipe, each to pav. Rates how to be re covered. making or supplying gas; but if upon such examination it appear that the water has not been fouled by the gas of such person, then the undertakers shall pay all the expenses of the examination and repair, and also make good to the said person any injury which may be occasioned to his works by such examination. LXVII. The amount of the expenses of every such examination and repair, and any injury done to the undertakers, shall, in case of any dispute about the same, together with the costs of ascertaining and recovering the same, be ascertained and recovered in the same manner as damages for the ascertaining and recovery whereof no special provision is made are directed to be ascertained and recovered. And with respect to the payment and recovery of the water rates, be it enacted as follows: LXIX. When several houses or parts of houses in the separate occupation of several persons are 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 such several houses or parts of houses had been supplied with water from the works of the undertakers by a separate pipe. 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 expenses 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 pro- In M'Lean v. The Glasgow Corporation Water Commissioners (1st purpose. LXXXIV. And with respect to tender of amends, be it enacted, Tender of That if any person shall have committed any irregularity, trespass, amends. 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 last-mentioned 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 pro- Recovery of vided for, and of penalties, and to the determination of any other Damages and matter referred to Justices or to the Sheriff, be it enacted as follows: Penalties. Act, 1845, as LXXXV. If the waterworks be in England or Ireland, the Railways See sections 132 to 152 of "The Railways Clauses Consolidation All things re done by two LXXXVII. All things herein or in the special Act, or any Act quired to be incorporated therewith, authorised or required to be done by two Justices in Justices, may and shall be done, in England and Ireland, by any England and one Magistrate having by law authority to act alone for any purIreland may, in certain pose with the powers of two or more Justices, and in Scotland by cases, be done by one, and in the Sheriff or Steward of any County, Stewartry, or Ward, or his Scotland by Substitute. theSheriff, &c. 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. XCIII. And be it enacted, That nothing herein or in the special Act contained shall be deemed to exempt the undertakers from any general Act relating to waterworks, or any Act for improving the sanitary condition of towns and populous districts, which may be passed in the same session of Parliament in which the special Act is passed, or any future session of Parliament. (3.) THE WATERWORKS CLAUSES ACT, 1863. By section 3 of "The Glasgow Corporation Waterworks Amend ment Act, 1865," and other sections of subsequent Amendment Acts, the following clauses are incorporated from "The Waterworks Clauses Act, 1863." Preliminary. I. This Act may be cited as the Waterworks Clauses Act, Short title. 1863; and the Waterworks Clauses Act, 1847, and this Act may be cited together as The Waterworks Clauses Acts 1847 and 1863. II. This Act shall apply to any waterworks to which any Application special Act hereafter passed and incorporating this Act relates; of Act and and every such special Act is hereinafter referred to as "the interpretation of terms. special Act." Terms used in this Act have the same meanings as the same terms have when used in The Waterworks Clauses Act, 1847. The provisions respecting the recovery of penalties contained. in the last-mentioned Act shall be incorporated with this Act. Security of Reservoirs. And with respect to the security of the reservoirs constructed by the undertakers, be it enacted as follows: danger of III. Whenever any person interested complains to two Justices Power for that any reservoir constructed by the undertakers is in a danger- Justices to ous state, such Justices shall forthwith make inquiry into the inquire as to truth of the complaint; or two Justices on their own view, and reservoir. without complaint by any person, may proceed under the present provisions as if a complaint had been so made to them. See also section 81 of "The Glasgow Corporation Waterworks Act, IV. If, on any such inquiry, the Justices are satisfied that the Order of complaint is well founded, and that the reservoir is in a danger- Justices for ous state, and that the danger is so imminent as not to admit of immediate delay in removing the cause of complaint, they shall order such repair. person as they think fit to enter on the property of the undertakers, and to lower the water in the reservoir, and to execute and do all such works and things as the Justices think requisite and proper for removing the cause of complaint. |