HEALTH ACT 1848. PUBLIC contribute towards any premises provided for such purposes by any person whomsoever (a). Supply of Local board LXXV. And be it enacted (b), that the local board of health may provide their district with such may provide a supply of water as may be proper and sufficient for the purposes of this Act, and for private use to the extent required by this Act; sufficient supplies of water, and purchase, take upon lease, or erect waterworks; or contract for supply, &c.; And for those purposes, or any of them, the said local board may (c) from time to time, with the approval of the general board of health, contract with any person whomsoever, or purchase, take upon lease, hire, construct, lay down, maintain such waterworks (d), and do and execute all such works, matters and things as shall be necessary and proper; And any waterworks company may contract with the local board of health to supply water for the (a) Founded upon the 30th recommendation in the report referred to in the last note, and framed partly upon s. 135 of the Towns Improvement Clauses Act, 1847. (b) This section, as well as ss. 76, 77, 78, 93, and 95, are founded upon the 17th, 18th, 19th and 20th recommendations of the commissioners for inquiring into the state of large towns (2nd Report, pp. 52-55). (c) By ss. 46 and 55 it is imperative upon the local board to cause all sewers to be properly "cleared, cleansed, and emptied," and to provide that all streets be properly cleansed and watered. For those purposes, therefore, notwithstanding the permissive words contained in this section, it will be the duty of the local boards to obtain sufficient supplies of water wherever it may be practicable to do so. See ante, p. 85, note. (d) See the definition of the term "waterworks," ante, s. 2, p. 11. purposes of this Act in 11 & 12 VICT. c. 63. on water under pres constructing must give And the said local board may provide and keep in and may lay any waterworks constructed or laid down by them constantly under the powers of this Act a supply of pure and sure; wholesome water, and the water so supplied may be constantly laid on at such pressure as will carry the same to the top story of the highest dwelling house within the district supplied: Provided always, that before constructing or lay- but before ing down any waterworks under the powers of waterworks, this Act within any limits within, for, or in notice to respect of which waterworks company any shall have been established for supplying water, the said local board shall give notice. in writing to every waterworks company within whose limits the said local board may be desirous of laying on or supplying water, stating the purposes for, and (as far as may be practicable) the extent to which water is required by the said local board (e); (e) The City of London Sewers Act, ss. 55, 56, enables the city commissioners of sewers to require "present or future water companies having mains or pipes within the city" to furnish supplies of water in such quantities, at such times, in such places, and upon such terms, as shall be agreed upon between the commissioners and the companies, or in case of disagreement, as shall be settled by two justices. water companies. PUBLIC HEALTH ACT 1848. and they may not construct waterworks, &c. if any waterworks company within their district be able and willing to furnish a proper and sufficient supply upon terms. Disputes as to whether company's water be proper and sufficient, to And it shall not be lawful for the said local board to construct or lay down any waterworks within such limits, if and so long as any such company shall be able and willing to lay on water proper and sufficient for all reasonable purposes for which it is required by the said local board, and upon such terms as shall be certified to be reasonable by the general board of health, after inquiry and report by a superintending inspector in this behalf, or (in case such company shall be dissatisfied with such certificate) upon such terms as shall be settled by arbitration in the manner provided by this Act (f); is And in case any difference shall arise as to whether the water which any such company able and willing to supply or lay on is proper and sufficient for the purposes for which it is required by the said local board, or whether the purposes for which it is required are reasonable, the same shall be settled by arbitration in the manner provided by this Act (g). (f) See post, ss. 125-128, pp. 177-179. (g) Failing compliance with the terms prescribed, the local board will be at liberty to exercise the powers vested in them by the first part of the clause. The provisoes, whilst they prevent undue interference with private interests, also secure the public against unreasonable prices on the part of the water companies, and improvident expenditure in the construction of new works on the part of the local boards. two c. 63. Local board may rehouses be supplied with water, &c. if a supply can be LXXVI. And be it enacted, that if upon the 11 & 12 VICT. report of the surveyor it appear to the local board of health that any house is without a proper sup-quire that ply of water, and that such a supply of water can be furnished thereto at a rate not exceeding pence per week, the said local board shall notice in writing to the occupier, requiring him, exceeding within a time to be specified therein, to obtain such week; supply, and to do all such works as may be necessary for that purpose (h); give furnished at a rate not twopence per of default, on water, water rates. And if such notice be not complied with, the said and in case local board may, if they shall think fit, do such they may lay works, and obtain such supply accordingly, and make and levy water rates upon the premises, not exceeding in the whole the rate of twopence per week, in manner hereinafter provided (¿), as if the owner or occupier of the premises had demanded a supply of water, and were willing to pay water rates for the same; and the expenses incurred by them in doing such works as last aforesaid shall be private improvement expenses, and be recoverable as such in the manner hereinafter provided (i). (h) The City of London Sewers Act, 1848, requires that all houses shall be provided with proper apparatus for receiving a supply of water, and contains efficient provisions for compelling owners and occupiers to procure a proper supply, ss. 105-7. (i) The water rate will be levied from time to time in respect of the water actually supplied; see post, s. 93, p. 145. The private improvement rate will be levied to defray the G PUBLIC HEALTH ACT 1848. may supply water for public baths, or for trading or manufac LXXVII. And be it enacted, that the local board of health may, if they shall think fit, supply Local board water from any waterworks purchased or constructed by them under this Act to any public baths or wash-houses, or for trading or manufacturing turing pur- purposes, upon such terms and conditions as may be agreed upon between the said local board and persons desirous of being so supplied. poses; may maintain and construct public for gratui the LXXVIII. And be it enacted, that the local board of health may (k) cause all existing public cisterns, pumps, wells, reservoirs, conduits, aqueducts and works, used for the gratuitous supply of water to the inhabitants, to be continued, maintained, and plentifully supplied with water, or they may substitute, continue, maintain, and plentifully supply with water other such works equally convenient ; And the said local board may, if they shall think cisterns, &c. fit, construct any number of new cisterns, pumps, wells, conduits, and works for the gratuitous supply of any public baths or wash-houses established tous use. cost of providing apparatus, and may be spread over any |