Justices not incapable of acting by being mem bers of Removal No justice to be incapable of acting be cause mem ber of body authorized to execute Act or liable to contribute. Short title. except so far as they shall be hereby repealed, or be inconsistent with anything herein provided (h). XVI. No justice of the peace shall, unless objected to at the hearing of any complaint or charge, be deemed incapable of acting in cases other than appeals arising under the said Nuisances Removal Act by reason of his being a member of any body hereby declared to be the local authority to execute the said Act, or by reason of his being a contributor, or liable to contribute, to any rate or fund out of which it is hereby provided that all charges and expenses incurred in executing the said Act, and not recovered as therein provided, shall be defrayed (i) (h) See further, 29 & 30 Vict. c. 90, s. 14, post. (i) By 29 & 30 Vict. c. 41, s. 1, this clause is repealed, and by sect. 2 it is enacted, no justice of the peace shall be deemed incapable of acting in cases under the Nuisances Removal Act, or the Act of the 23 & 24 Vict. c. 77, by reason of his being a member of any body thereby declared to be the authority to execute the said Act, or by reason of his being a contributor or liable to contribute to any rate or fund out of which it is thereby provided that all charges and expenses incurred in executing the said Act, and not recovered as therein provided, shall be defrayed. 3. "This Act may be cited as The Nuisances Removal Act, (No. 1), 1866.' ” SEWAGE UTILIZATION. 28 & 29 VICT. CAP. 75. An Act for facilitating the more useful Application of Sewage in [29th June, 1865.] "WHEREAS it is expedient to remove difficulties under which local I. This Act for all purposes may be cited as "The Sewage Utilization Short title. Act, 1865 " (a). of Act. II. This Act shall not extend to any part of the metropolis as defined Application by the Act of the session 18 & 19 Vict. c. 120, for better local management of the Metropolis (and shall not, with the exception of clause 15, extend to any parish as defined in the schedule to this Act in a part of which parish the Public Health Act, 1848, and the Local Government Act, 1858, or one of such Acts, is in force at the time of the passing of this Act) (b). sewer autho rity. III. The expression "Sewer Authority" shall, in the several places Definition of in the Schedule annexed hereto in that behalf mentioned, mean the persons or bodies of persons referred to in the first column of the Schedule annexed hereto (c); and the term "district," in relation to a (a) See the following Act, 30 & 31 Vict. c. 113, and the first part of the Sanitary Act. 29 & 30 Vict. c. 90, and 31 & 32 Vict. c. 115, post. (b) Repealed by the 30 & 31 Vict. c. 113, s. 6. (c) See further the meaning of this word in the 30 & 31 Vict. c. 113, s. 2, post. T Powers of Sewer authorities Power of entry. Payment of expenses. Power to take lands. sewer authority, shall as respects each authority, mean the place in that behalf referred to in the second column of the said Schedule. "Local board," shall mean a local board authorized in pursuance of the "Public Health Act, 1848," and "The Local Government Act, 1858," or one of such Acts. IV. Sewer authorities shall have power to construct such sewers as they may think necessary for keeping their district properly cleansed and drained (d), and shall, as respects all sewers constructed by them or under their control, whether the same were made before or after the passing of this Act, have all the powers that local boards have, in respect of sewers vested in or constructed by them, under the forty-fifth and forty-sixth sections of " The Public Health Act, 1848," the thirtieth section of "The Local Government Act, 1858," and the fourth section of "The Local Government Act, 1858, Amendment Act, 1861," (e) subject to the provisions of the fifth and sixth sections of the last-mentioned Act, and to the saving clauses in "The Local Government Act, 1858," mentioned, from sixty-eight to seventy-four, both inclusive (ƒ). V. The sewer authority shall have the powers of entry conferred by the one hundred and forty-third section of the "Public Health Act, 1848" (g), for the purposes of making or keeping in repair any works made or to be made by them, as well as for the purposes specified in the said section. VI. A sewer authority shall pay all expenses incurred by them in carrying this Act into effect out of the fund or rate in the schedule in that behalf mentioned, (h) and shall have all such powers of borrowing money on the security of such fund or rate as local boards have of borrowing money under " The Local Government Act, 1858," and the Acts amending that Act, on the security of the funds or rates in the said Acts in that behalf mentioned, subject to the conditions and sanction under which such powers are exercised by local boards under the said Acts (i). VII. A sewer authority shall, for the purposes of this Act, have the (d) The sewer authority has now power to provide a supply of water within Its district. See 29 & 30 Vict. c. 90, ss. 11-13, post, and to provide an hospital. Ib. s. 37. (e) See note on 11 & 12 Vict. c. 63, s. 45, ante. (f) All these clauses will be found in the body of this work. As to the incorporation of the sewer authority, see 29 & 30 Vict. c. 90, s. 46; as to injury to their property, Ib. s. 45; as to their appearance in legal proceedings, s. 48, and as to their liability to orders of the Secretary of State, s. 49. (g) 11 & 12 Vict. c. 63, s. 143, ante. (A) See further the 30 & 31 Vict. c. 113, s. 17, post. (i) See 21 & 22 Vict. c. 98, s. 57, ante. powers of taking lands conferred on local boards by the seventy-fifth section of" The Local Government Act, 1858," (a) and any Act amending the same. sation. VIII. Full compensation shall be made, out of any fund or rate appli- Compencable to the purposes of this Act, to all persons sustaining any damage by reason of the exercise of any of the powers of this Act; and in case of dispute as to amount, the same shall be settled by arbitration as provided in "The Public Health Act, 1848," (b) or any Act amending the same, or if the compensation claimed do not exceed the sum of twenty pounds, the same may be ascertained by and recovered before justices in a summary manner (b), in manner provided by the Acts mentioned in this section. thorities to IX. Two or more sewer authorities, including under that expression for Power of the purposes of this section local boards, may combine together for the sewer aupurpose of executing and maintaining any works that may be for the combine. benefit of their respective districts (c), and all monies they may agree to contribute for the execution and maintenance of such common works shall, in the case of each authority, be deemed to be expenses incurred by them in the execution of works within their district (d), and shall be raised accordingly (e). take pro pollution of X. A sewer authority, with the sanction of Her Majesty's attorney- Sewer augeneral in England, may, either in its own name or in the name of any thority may other person, with the consent of such person, take such proceedings by ceedings to indictment, bill in Chancery, action, or otherwise, as it may deem advi- prevent sable, for the purpose of protecting any watercourse within its jurisdic- streams. tion from pollutions arising from sewage either within or without its district (ƒ); and the costs of and incidental to any such proceedings, including any costs that may be awarded to the defendant, shall be deemed to be expenses properly incurred by the sewage authority in carrying into effect the purposes of this Act. XI. Nothing contained in this Act, or in the Acts referred to therein, Sewers not (a) 21 & 22 Vict. c. 98, 8. 75, ante. (b) 11 & 12 Vict. c. 63, ss. 123, 144. (c) See Ib. s. 129. (d) See sect. 3, ante. (e) See further as to combinations of districts, 21 & 22 Vict. c. 98, s. 27, ante, and 30 & 31 Vict. c. 115, s. 10, post. (f) See 18 & 19 Vict. c. 121, s. 30, ante, in this Appendix. allowed to drain into shall authorize any sewer authority to make a sewer so as to drain direct any stream, into any stream or watercouse. &c. Power to loan com missioners to lend XII. The Public Works Loan Commissioners, as defined by "The public works Public Works Loan Act, 1853" (g), may advance to any sewer authority, upon the security of any rate applicable to the purposes of this Act (h), without any further security, such sums of money as may be recommended by one of Her Majesty's principal secretaries of state, to be applied by such authority in carrying into effect the purposes of this Act. money to sewer authorities. Powers of Act cumulative. Sewer authority may enter into contract for supply of sewage. Application of 27 & 28 Vict. c. 114 XIII. All powers given by this Act shall be deemed to be in addition to and not in derogation of any other powers conferred on any sewer authority by Act of parliament, law, or custom; and the sewer authority may exercise such other powers in the same manner as if this Act had not passed (i). XIV. The sewer authority of any place may from time to time, for the purpose of utilizing its sewage, agree with any person or body of persons, corporate or unincorporate, as to the supply of such sewage (k), and works to be made for the purpose of that supply, and the parties to execute the same and to bear the costs thereof, and the sums of money, if any, to be paid for that supply; provided that no contract shall be made for the supply of sewage for a period exceeding twenty-five years. XV. The making of works of distribution and service for the supply of sewage to lands for agricultural purposes shall be deemed an "imto works, &c. provement of land" authorized by the "Land Improvement Act, 1864," for supply of and the provisions of that Act shall apply accordingly. sewage. |