c. 63, PUBLIC HEALTH Аст, expenses incurred by them in doing such works 11 & 12 Vic. as last aforesaid shall be private improvement expenses, and be recoverable as such in the manner herein-after provided. 1848. or trading or poses. 77. And be it enacted, That the Local Board of Water for Health may, if they shall think fit, supply water public baths, from any waterworks purchased or constructed by manufac them under this Act to any public baths or wash- toring purhouses, or for trading or manufacturing purposes, upon such terms and conditions as may be agreed upon between the said Local Board and the persons desirous of being so supplied. and construc gratuitous use. 78. And be it enacted, That the Local Board of Maintenance Health may cause all existing public cisterns, tion of public pumps, wells, reservoirs, conduits, aqueducts, and cisterns for 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 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 or borough rates. injuring streams, or water. 79. And be it enacted, That whosoever shall Penalty for wilfully or carelessly break, injure, or open any waterworks, lock, cock, waste pipe, or waterworks belonging to diverting or under the management or control of the Local wasting Board of Health, or constructed, continued, or maintained under this Act, in any parish or place in which there shall be no Local Board of Health, or shall unlawfully flush, draw off, divert, or take water from any waterworks belonging to or under the management or control of the said Local Board, or so constructed, continued, or maintained in any such parish or place, or from any waters or streams by which such waterworks are supplied, or shall wilfully or negligently waste or cause to be wasted a In Ireland the Sewer Authority. See Sanitary Act, 1866, § 11 (p. 394). 11 & 12 VIC. c. €3, PUBLIC HEALTH Аст, 1848. Penalties on persons for to be fouled; any water with which he is supplied by the said Local Board, shall for every such offence forfeit a sum not exceeding five pounds, and a further penalty of twenty shillings for each day whilst the offence is continued after written notice in that behalf, which penalties shall be paid to the said Local Board, or, in the case of a parish or place in which there shall be no Local Board of Health, to the Churchwardens and Overseers of the poor, to be by them applied in aid of the rate for the relief of the poor of such parish or place: Provided always, that nothing herein contained shall prevent the owner or occupier of any premises through or by which any streams may flow from using the same as they would have been entitled to do if this Act had not been passed. 80. And be it enacted, That whosoever shall causing water bathe in any stream, reservoir, conduit, aqueduct, in reservoirs or other waterworks belonging to or under the management or control of the Local Board of Health", or in any reservoir, conduit, aqueduct, or other waterworks constructed, continued, or maintained under this Act in any parish or place in which there shall be no Local Board of Health, or shall wash, cleanse, throw, or cause to enter therein any animal, rubbish, filth, stuff, or thing of any kind whatsoever, or shall cause or permit or suffer to run or be brought therein the water of any sink, sewer, drain, engine, or boiler, or other filthy, unwholesome, or improper water, or shall do anything whatsoever whereby any water belonging to the said Local Board or under their management or control, or whereby any water of or contained in any such reservoir, conduit, aqueduct, or other waterworks so constructed, continued, or maintained in any such parish or place as aforesaid shall be fouled, shall for every such offence forfeit a sum not exceeding five pounds, and a further sum of twenty shillings for each day whilst the offence is continued after written notice in that a In Ireland the Sewer Authority. See Sanitary Act, 1866, § 11 (p. 394). c. 63. PUBLIC HEALTH ACT, 1848. behalf; which penalties shall be paid to the said 11 & 12 Vic. Local Board, or, in the case of a parish or place in which there shall be no Local Board of Health, to the Churchwardens and Overseers of the Poor, to be by them applied in aid of the rate for the relief of the poor of such parish or place; and whosoever, and on proprietors of being proprietor of any gasworks, or being engaged gasworks, &c. or employed in the manufacture or supply of gas, causes or suffers to be brought or to flow into any stream, reservoir, conduit, aqueduct, or waterworks belonging to or under the management or control of the said Local Board, or into any drain or pipe communicating therewith, any washing or other substance produced in the manufacture or supply of gas, or shall wilfully do any act connected with the manufacture or supply of gas whereby the water in any such stream, reservoir, aqueduct, or waterworks is fouled, shall forfeit to the said Local Board for every such offence the sum of two hundred pounds, and, after the expiration of twenty-four hours' notice in writing from them in this behalf, a further sum of twenty pounds for every day during which the offence is continued, or during the continuance of the act whereby the water is fouled; and every such penalty shall be recoverable, with full costs of suit, by action of debt; and if any water supplied by, belonging to, or under the management or control of the said Local Board, be fouled in any manner by the gas of any such proprietor or person as last aforesaid, he shall forfeit to the Local Board for every such offence a sum not exceeding twenty pounds, and a further sum not exceeding ten pounds for every day whilst the offence is continued after the expiration of twenty-four hours' notice in writing from the said Local Board in this behalf; and for the purpose of ascertaining whether such water is fouled by the gas of any such proprietor or person the said Local Board may lay open and examine any pipes, conduits, and works from which the gas is supposed to escape; provided that before beginning so to do twenty-four hours' notice in writing be given to the person to whom such pipes, conduits, or works c. 63, PUBLIC HEALTH ACT, 1818. 11 & 12 Vic. belong, or under whose management or control they may be, of the time at which the examination is intended to be made; and if upon such examination it appear that the water has been fouled by the gas proceeding from or contained in the pipes, conduits, or works examined, the expenses of the examination shall be paid and borne by the person. to whom such pipes, conduits, or works belong, or under whose management or control they may be, and be recoverable from him in the summary manner herein-after provided; but if it appear that the water has not been so fouled, then such expenses, and all damages occasioned by the examination, shall be paid by the said Local Board out of the general district rates levied under this Act, and be recoverable from them in the summary manner herein-after provided. Entry upon purposes of of the Act. 143. And be it enacted, That in case it shall lands for the become necessary to enter, examine, or lay open any lands or premises for the purpose of making plans, surveying, measuring, taking levels, examining works, ascertaining the course of sewers or drains, or ascertaining or fixing boundaries, and the owner or occupier of such lands or premises shall refuse to permit the same to be entered upon, examined, or laid open for the purposes aforesaid, or any of them, the Local Board of Health may, upon notice to such owner or occupier, apply to two Justices for an order authorizing the members of such Local Board and the Superintending Inspector, Surveyor, and Inspector of Nuisances, or any of them, to enter, examine, and lay open the said lands and premises for the purposes afore said or any of them, and if no sufficient cause shall be shown against the same, the said Justices may make an order authorizing the same accordingly, and thereupon any superintending Inspector, the Local Board of Health or any member thereof, the Surveyor, and Inspector of Nuisances, and any person authorized by any such superintending Inspector, Local Board, Surveyor, or Inspector of Nuisances, may, at all reasonable times between the hours of ten in the forenoon and four in the c. 63, PUBLIC HEALTH Аст, 1848. afternoon, enter, examine, or lay open the lands 11 & 12 Vic. or premises mentioned in such order for such of the said purposes as shall be specified in the said order without being subject to any action or molestation for so doing: Provided always, that, except in case of emergency, no entry shall be made or works commenced under the powers of this enactment, unless twenty-four hours at the least previously thereto notice of the intended entry and of the object thereof, be given to the occupier of the premises intended to be entered. II. EXTRACTS from "The Local Government Act, 21 & 22 Vic. 1858" (21 & 22 Vic., cap. 98, passed August, 1858). 30. Local Boards may 2nd c. 98, LOCAL GOVERN MENT ACT, 1858. Powers for disposing of 1. Exercise the powers given by the forty- sewage. 2. Contract with any company or person for 3. Contract for, purchase, or take on lease any lands, buildings, engines, materials, or apparatus for the purpose of receiving, storing, disinfecting or distributing sewage; Provided always, that these things shall be done so as not to create a nuisance. Powers of $76 of 51. The powers given to Local Boards by the seventy-sixth section of "The Public Health & 12 Vie Act, 1848," shall extend to any house within c. their district to which a supply of water can be extended to 63, as to water supply this Act. |