said local board within one month from the last-mentioned notice, the intended street may be laid out and made upon the level and of the width specified in such notice, if the same be otherwise in accordance with the other provisions of this Act.**]

chase pre

mises in

streets.

LXXIII. And be it enacted that the said local board Local board may, by agreement, purchase any premises for the purpose of my pur widening, opening, enlarging, or otherwise improving any street, and any part of the premises so purchased which improve shall not be wanted for that purpose shall be resold at the best price that can be gotten for the same, and the proceeds of such resale shall be carried to the district fund account hereinafter mentioned (d).

Public Pleasure Grounds.

may provide

LXXIV. And be it enacted, that the local board of health, Local board [with the approval of the said general board of health (e),] places of may provide, maintain, lay out, plant, and improve premises creation, &c. for the purpose of being used as public walks or pleasure

(d) See further 21 & 22 Vict. c. 98, s. 36. The 29 & 30 Vict. c. 90, s. 47, enacts that this clause shall be construed as if the words by agreement had been expressly repealed by the 21 & 22 Vict. c. 98, s. 75.

public re

The 12 & 13 Vict. c. 94, s. 8, reciting that it is expedient that the Local boards local boards of health for the execution of the Public Health Act, of health 1848, should be invested with certain powers not included in that Act, may contract for lighting enacted, that the said local boards constituted under the said Public the streets. Health Act may contract for any period not exceeding three years at any one time with any company or person for the supply of gas or oil, or other means of lighting the streets, roads, and other open places, markets, and public buildings within their respective districts, and may provide such lamps, lamp posts, and other materials and apparatus as such local boards respectively may think necessary for lighting the same; and the expense incurred by any such local board in so doing shall be defrayed out of the general [or special] (1) district rates (as the nature of the case may require) levied under the said Public Health Act." This is taken from 10 & 11 Vict. c. 34, s. 119. See also the provision relating to the Lighting and Watching Act, 3 & 4 Will. 4, c. 90, in 21 & 22 Vict. c. 98, s. 46, post.

(e) Not now to be obtained. It is dispensed with by 21 & 22 Vict. c. 98, s. 8.

(1) No special district rate can be levied since 21 & 22 Vict. c. 98, s. 54.

Local board to provide sufficient

grounds, and support or contribute towards any premises provided for such purposes by any person whomsoever (s).

Supply of Water (t).

LXXV. And be it enacted, that the local board of health may provide their district with such a supply of water as water, and may be proper and sufficient for the purposes of this Act and for private use to the extent required by this Act;

supplies of

may erect

waterworks,

&c.

And for those purposes or any of them the said local board may from time to time [with the approval of the general board of health (u),] contract with any person whomsoever, or purchase, take upon lease, hire, construct, lay down, maintain such waterworks, 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 purposes of this Act in any manner whatsoever, or may sell and dispose of or

(8) This clause will be found greatly to aid the measures which are now frequently adopted for the establishment of parks adjoining populous towns. See also 10 & 11 Vict. c. 34, s. 135, the 23 & 24 Vict. c. 30, and the Act 26 & 27 Vict. c. 13, which provides for the protection of gardens and ornamental grounds, and Tulk v. The Metropolitan Board of Works, 37 L. J. Q. B. 11, 273; L. R. 3 Q. B. 94, 682.

The statute which provide for the procuring of public libraries and public museums were 8 & 9 Vict. c. 43, and 13 & 14 Vict. c. 35, which, however, have been repealed and superseded by 18 & 19 Vict. c. 70, intituled "An Act for further promoting the Establishment of Public Libraries and Museums in Municipal Towns, and for extending it to Towns governed under Local Improvement Acts, and to Parishes," which has since been amended by the 29 & 30 Vict. c. 114.

These Acts also enable Schools of Science and Art to be established. A Parliamentary Paper, No. 168 of the Session, 1870, shows where those Acts have been adopted.

The 24 & 25 Vict. c. 97, s. 39, renders persons who wilfully injure works of art, monuments, or statutes in public streets punishable for misdemeanor.

(t) The 29 & 30 Vict. c. 90, The Sanitary Act, 1866, in Appendix, gives to the "sewer authority" all these powers for obtaining a Supply of Water.

(u) Not now to be obtained. It is dispensed with by 21 & 22 Vict. c. 98, s. 8.

lease their waterworks to any local board of health willing to take the same (x);

waterworks

by local

And the said local board may provide and keep in repair In case of any waterworks constructed or laid down by them under the constructed powers of this Act a supply of pure and wholesome water, board, the and the water so supplied may be constantly laid on at such water may pressure as will carry the same to the top story of the highest stantly under dwelling house within the district supplied :

be kept con

pressure.

not to con

works, &c. if

works com

their district

Provided always, that before constructing or laying down Local board any waterworks under the powers of this Act within any struct waterlimits within, for, or in respect of which any waterworks any watercompany shall have been established for supplying water pany within the said local board shall give notice in writing (y) to every be able and waterworks company within whose limits the said local willing to board may be desirous of laying on or supplying water, upon terms. stating the purposes for and (as far as may be practicable) the extent to which water is required by the said local board;

And it shall not be lawful for the said local board to construct or lay down any waterworks within such linits, 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 (z) 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 (a);

(x) Refer to the provisions in 10 & 11 Vict. c. 34, ss. 122, 123, in the Appendix incorporated by 21 & 22 Vict. c. 98, s. 45, post, and see sect. 53, extending the powers of companies to sell.

(y) See sect. 150, post, and 21 & 22 Vict. c. 98, s. 61, as to the service and authentication of notices.

(z) This condition has ceased. The local board and the company must therefore agree upon the terms or refer the question to arbitration.

(a) See sect, 123, post.

supply water

Local board may require

be supplied

with water, &c. in certain cases.

And in case any difference shall arise as to whether the water which any such company is 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 (ƒ).

LXXVI. And be it enacted (g), that if upon the report of that houses the surveyor (h) it appear to the local board of health that house is without a proper supply of water, and that any such a supply of water can be furnished thereto at a rate not exceeding twopence per week, the said local board shall give notice in writing (i) to the occupier (k), requiring him within a time to be specified therein, to obtain such supply, and to do all such works as may be necessary for that purpose;

Water for public baths

And if such notice be not complied with the said local board may, if they shall think fit, do such 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 (1), 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 (m).

LXXVII. And be it enacted, that the local board of health

(f) See sect. 123, post.

(g) See the additional powers granted to the local board in regard to water supply in 21 & 22 Vict. c. 98, s. 51, post.

(h) See sect. 2, ante.

(i) As to notice see sect. 150, post, and 21 & 22 Vict. c. 98, s. 61. (k) Sect. 51 of the 21 & 22 Vict. c. 98, imposes the expenses upon the owner only, and therefore requires him to be served with the notice. (1) See sect. 90, post.

(m) See sect. 103, post, and the 29 & 30 Vict. c. 90, s. 50, which makes the expenses recoverable from the owners recoverable in a summary manner. See as to appeal against the order, sect. 120.

manufac

poses.

may, if they shall think fit, supply water from any water- or trading or works purchased (n) or constructed by them under this Act, turing purto any public baths or wash-houses (o), or for trading or manufacturing purposes, upon such terms and conditions as may be agreed (p) upon between the said local board and the persons desirous of being so supplied.

and con

terns for

LXXVIII. And be it enacted, that the local board of Maintenance health may (4) cause all existing public cisterns, pumps, wells, struction of reservoirs, conduits, aqueducts, and works used for the public cisgratuitous supply of water to the inhabitants to be con- gratuitous tinued, 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 fit, construct any number of new cisterns, pumps, wells, conduits, and works for the gratuitous supply of any public baths or wash-houses established otherwise than for private profit or supported out of any poor r) or borough rates.

use.

injuring

diverting

LXXIX. And be it enacted, that whosoever shall willfully Penalty for or carelessly break, injure, or open any lock, cock, waste waterworks pipe, or waterworks belonging to or under the management streams, or or control of the local board of health, or constructed, con- water.

(n) Under sect. 75. See further 21 & 22 Vict. c. 98, s. 53. (0) The Acts relating to public baths and wash-houses are 9 & 10 Vict. c. 74, and 10 & 11 Vict. c. 61. See 21 & 22 Viet. c. 98, s. 47, post, and the Acts in the Appendix.

(p) Those terms should be clearly set out in writing in the form of a regular contract.

(9) There is a difference in the language used in the two parts of this clause, and this difference leads to a reasonable interpretation that the local board must maintain existing public cisterns, and pumps and wells, but they may exercise their own discretion as to constructing such public conveniences in future. In 10 & 11 Vict. c. 34, s. 121, now incorporated herewith, the word used in reference to existing works is shall, not may.

(r) See note on sect. 77. As to where such pump and cisterns may be placed, see Hildreth v. Adamson, 8 C. B. (Ñ. s.) 587.

wasting