13 ft. wide, put on wheels at the corner of a new street was held to be a new building in Richardson v. Brown, 49 J. P. 661. The word "building" has a wider significance than "house."

"Drain" means any drain of and used for the drainage of one building only, or premises within the same curtilage, and made merely for the purpose of communicating therefrom with a cesspool or other like receptacle for drainage, or with a sewer into which the drainage of two or more buildings or premises occupied by different persons is conveyed.

"Sewer" includes sewers and drains of every description, except "drain" to which the word "drain " interpreted as aforesaid applies, and except drains vested in or under the control of any authority having the management of roads and not being a local authority under this Act.

a

NOTE. The general effect of this and the preceding definition is that a receptacle for the drainage of "one house is 66 a drain," while that for two or more is " sewer. A drain is repairable by the owner of the premises, whereas a sewer is repairable by the sanitary authorities. (St. Leonard, Shoreditch (Vestry of) v. Phelan, (1896) 1 Q. B. 533.) "Sewer" does not include a cesspool, reservoir, or deposit bed for the collection of sewage for the purpose of its disposal.

"Slaughter-House" includes the buildings and places commonly called slaughter-houses and knackers' yards, and any building or place used for slaughtering cattle, horses, or animals of any description for sale.

NOTE.-To slaughter cattle on private premises of the

town, unless "for sale" as human food, was held to be no offence in Elias v. Nightingale, 8 E. & B. 698.

"Water Company" means any persons or body of persons corporate or incorporate supplying, or who may hereafter supply, water for his or their own profit.

"Waterworks" includes streams, springs, wells, pumps, reservoirs, cisterns, tanks, aqueducts, cuts, sluices, mains, pipes, culverts, engines, and all machinery, lands, buildings, and things for supplying water, also the stock-in-trade of any water company.

NOTE.-Water which percolates in an invisible and undefined channel is not a "stream within the above definition." (McNab v. Robertson, (1897) A. C. 129.)

"Borough" means any place for the time being subject to the Act of the session of the fifth and sixth years of the reign of King William the Fourth, chapter seventysix, intituled "An Act to provide for the regulation of Municipal Corporations in England and Wales" and any Act amending the same.

NOTE. The Municipal Corporations Act of 1882 has repealed and re-enacted the above Acts, and the term "borough" is defined in sects. 6 and 7 of that Act.

"Union" means a union of parishes incorporated or united for the relief or maintenance of the poor under any public or local Act of Parliament, and includes any parish subject to the jurisdiction of a separate board of guardians.

"Court of Quarter Sessions" means the Court of general or quarter sessions of the peace having jurisdiction over the whole or any part of the district or place in which the matter requiring the cognizance of general or quarter sessions arises.

"Court of Summary Jurisdiction" means any justice or justices of the peace, stipendiary or other magistrate or officer, by whatever name called, to whom jurisdiction is given by the Summary Jurisdiction Acts, or any Acts therein referred to.

PART 2.

Authorities for Execution of " the Act."

England, except the metropolis, consists of districts

called

1. Urban sanitary districts.

2. Rural sanitary districts. The U. A. are:

1. For the borough.

The mayor, aldermen and burgesses acting by

the council.

2. For the "Improvement Act" district.

The improvement commissioners.

3. For the Local Government district.

The local board. Now the Urban District
Councils.

NOTE.-A contributory place, referred to in the next part, means any parish, or part of a parish, situated in a rural district for which sewage, drainage or other public sanitary works have been specially executed, and for which a separate charge is, or may be, laid on the inhabitants of such areas for the expenses incurred by such works, e.g., if one part of a parish be situate in an urban district, while another part be situate in a rural district, then such part as lies in the rural district constitutes a contributory place.

PART 3.

A. "Sewerage and Drainage."

All existing and future sewers within the district of a L. A., together with all buildings, works, materials and things belonging thereto, shall vest in and be under the control of such L. A., except

1. Sewers made by a person for his own profit, or by a company for the profit of the shareholders.

2. Sewers made to drain, preserve or improve land under any local or private Act of Parliament, or for the purpose of irrigation.

3. Sewers under the authority of any commissioners of sewers appointed by the Crown.

Every L. A. shall keep in repair all sewers belonging to them, and shall cause to be made such sewers as may be necessary for effectually draining their district for the purposes of this Act.

NOTE. The obligation to repair sewers imposed upon the L. A. extends to all sewers, even to such cases as in which the drain of one house has been converted into a sewer by the unauthorized connection of it with the drain of another house. The only method of enforcing the L. A.'s to perform the duties imposed on them in this respect is by complaint to the L. G. B., and not by mandamus, which it was once thought would lie.

The powers for making sewers are very wide, for—

"Any L. A. may carry any sewer through, across or under any turnpike road, or any street, or place laid out as or intended for a street, or under any cellar or vault which may be under the pavement or carriageway of any

street, and after giving reasonable notice in writing to the owner or occupier (if on the report of the surveyor it appears necessary) into, through, or under, any lands whatsoever, within their district."

All L. A.'s must see before they use any sewer, that the sewage is free from all excrementitious, or foul or noxious matter. The obligation to see that the sewage does not deteriorate the purity and quality of the water in the stream, water-course, canal, pond or lake into which it is conveyed is on them, and not on the individual who creates the sewage. (Ainley v. Kirkheaton Local Board, 60 L. J. Ch. 734.)

Every L. A. shall cause the sewers belonging to them to be constructed, covered, ventilated and kept, so as not to be a nuisance or injurious to health, and to be properly cleansed and emptied.

NOTE.-An action for damages will lie at the suit of a person whose property has been damaged by the failure of the L. A. to perform their duties in this respect. (Smith v. King's Norton Urban District Council, 60 J. P. 520.)

Owners and occupiers have an absolute right to drain into sewers of the L. A. provided they give the requisite notice, and comply with the mode of communication between their drains and the sewers of the authority.

NOTE.-Any person causing a drain to empty into a sewer in contravention of such provisions shall be liable to a penalty not exceeding twenty pounds. The authority may close such communication and recover in a summary manner expenses incurred in so doing.

Such covered drain or drains, of such size and materials, and at such a level, and with such fall, as on the report of