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pany engaged in the manufacture or supply of gas, the sanitary authority may lay open and examine any pipes or works from which the gas is supposed to escape. But before beginning to do so, 24 hours notice in writing must be given to the owner, or manager of the pipes or works, of the time at which the examination is intended to be made, If upon examination it appears that the water has been fouled by the gas in the pipes or works examined, the expenses of the examination are to be paid by the owner or manager of the pipes or works, and they are recoverable in a summary manner; but if it appears that the water has not been fouled, then the expenses and all damages occasioned by the examination are to be paid by the sanitary authority, and they are recoverable in the same manner. (11 & 12 Vict. c. 63. s. 80.; 29 & 30 Vict. c. 90. s. 11.)

Expenses of Supplying Water.

Expenses incurred by the sanitary authority in the supply of water to their district are deemed incurred in carrying into effect the Sewage Utilization Act, 1865, and are payable accordingly. (29 & 30 Vict. c. 90. s. 12.)

But see Rates and Expenses, p. 81.

See the saving provisions under Sewers and Drains, p. 24; and under Removal of Nuisances, p. 58. See also Common Lodging Houses, p. 44; and Defaulting Sanitary Authorities, P. 97.

SEWERS AND DRAINS.

Construction and Repair of Sewers.

It is the duty of the sanitary authority to repair the sewers belonging to them, and to make such sewers as may be necessary for effectually cleansing and draining their district.

They may carry sewers through, across, or under any turnpike road, or street or intended street, or under any cellar or vault beneath the pavement or carriageway of a street, and, after reasonable notice in writing, (if upon the report of the surveyor it should appear necessary), into, through, or under any lands.

They may enlarge, lessen, alter, or otherwise improve all or any of their sewers, and discontinue, close up, or destroy (but so as not to create a nuisance) such of them as they may deem unnecessary. If by reason of its discontinuance, closing up, or destruction any person is deprived of the lawful use of a sewer, the sanitary authority must provide another sewer equally effectual for his use. (11 & 12 Vict. c. 63. s. 45. ; 28 & 29 Vict. c. 75. s. 4.)

Definition of Drains and Sewers.

The word "drain" includes 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 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.

The word "sewer" includes sewers and drains of every decription, except drains to which the word "drain" applies. (11 & 12 Vict. c. 63. s. 2.)

Cleansing and Emptying of Sewers.

The sanitary authority must construct, cover, and keep their sewers so as not to be a nuisance or injurious to health, and properly cleanse and empty them. For this purpose they may construct and place, above or under ground, the necessary sewers, reservoirs, sluices, engines, and other works. The sanitary authority may cause all or any sewers to communicate with and be emptied into fit and necessary places, or cause the sewage and refuse to be collected for sale, but so as not to create a nuisance. (11 & 12 Vict. c. 63. s. 46. ; 28 & 29 Vict. c. 75. s. 4.)

But the sanitary authority are not empowered to construct any outfall, drain, or sewer for conveying sewage or filthy or refuse water into any natural watercourse or stream until such sewage or water is freed from all foul or noxious matter, which would affect the quality of the water in the stream or watercourse. (24 & 25 Vict. c. 61. s. 4. ; 28 & 29 Vict. c. 75. ss. 4 & 11.)

Sewerage Works out of the District.

The sanitary authority may, without their district generally, exercise powers for the construction of works for the outfall or distribution of sewage, and for receiving, storing, or disinfecting sewage similar to those which they are empowered to exercise for similar purposes within their district. Due compensation, however, must be made to persons sustaining damage. (21 & 22 Vict. c. 98. s. 30 (1.); 24 & 25 Vict. c. 61. s. 4.; 30 & 31 Vict. c. 113. s. 3.)

The sanitary authority cannot proceed to construct or extend any sewer or other work without their district unless, 3 months at least before commencing, they advertise in a local newspaper notice of the intended work, describing its nature and proposed limits, and naming the places, turnpike roads, streets, and lands, if any, through, across, or under which it is to be made. The notice must also name a place where a plan of the intended work is open for inspection at all reasonable hours; and a written or printed copy must be served on the owners, lessees, and occupiers of the lands, on the overseers and on the trustees or others having the care of the roads or streets. (24 & 25 Vict. c. 61. s. 5.; 30 & 31 Vict. c. 113. s. 3.)

If any such persons, or any owner, lessee, or occupier who would be affected by the proposed work, object, and within the 3 months serve notice in writing of their objection on the sanitary authority, the work (unless such objection is withdrawn) must not be commenced without the sanction of the Local Government Board, after inquiry and report. (24 & 25 Vict. c. 61. s. 6.; 30 & 31 Vict. c. 113. s. 3.)

The Local Government Board may, upon application of the sanitary authority, appoint an inspector to make inquiry on the spot into the propriety of and objections to any such work, and to hold a meeting or meetings for hearing all persons desirous of being heard before him on the subject, and to report thereon to the Board. (24 & 25 Vict. c. 61. s. 7.; 30 & 31 Vict. c. 113. s. 3.) See Powers of the Local Government Board, p. 104.

Use of Sewers beyond District.

A sanitary authority may by agreement with the sanitary authority of a subjacent sanitary district sanctioned by the Local Government Board cause the sewers of their district to communicate with the sewers of the subjacent district for the purpose of outfall or disposal of sewage, upon such terms as may be agreed upon between the sanitary authorities, or, in case of dispute, may be settled by the Local Government Board. So far as practicable storm-waters must be prevented from flowing into the sewers of the subjacent district, and the sewage of other districts or places must not be permitted by the sanitary authority of the higher district to pass into their sewers, so as to be discharged into the sewers of the subjacent district without the consent of such district.

Expenses incurred under this provision by the sanitary authorities, or either of them, are deemed to be incurred in the performance of their duties under the Sanitary Acts, and are payable out of the rates out of which their expenses are payable under the Public Health Act, 1872, or out of money duly borrowed on the credit of these rates. (35 & 36 Vict. c. 79. s. 32.) See Rates and Expenses, p. 81, and Borrowing Powers, p. 87. Any owner or occupier of premises beyond the limits of the district of the sanitary authority may cause any sewer or drain from his premises to communicate with any sewer of the sanitary authority upon terms to be agreed upon between the parties, or, in case of dispute, to be settled at the option of the owner or occupier by two justices or by arbitration in the manner provided by the Public Health Act, 1848. (29 & 30 Vict. c. 90. s. 9.)

See Arbitration, p. 78.

House Drains.

If a house is without a sufficient drain, the sanitary authority may by notice in writing require the owner, within a reasonable and specified time, to make a sufficient drain emptying into any sewer (not more than 100 feet distant from the site of the house) which the sanitary authority may use and with which the owner may make a communication. If there is no such sewer within the prescribed distance, the drain must empty into such covered cesspool or other place not under any house as the sanitary authority may direct. If the notice of the sanitary authority is not complied with, they may at the expiration of the specified time do the requisite work and the expenses thereby incurred are recoverable from the owner in a summary manner. (29 & 30 Vict. c. 90. s. 10.)

Any owner or occupier of premises within the district of the sanitary authority is entitled, on giving the requisite notice and obtaining their consent in writing, to cause his drains to empty into the sewers of the sanitary authority. He must, however, comply with the regulations of the sanitary authority as to the mode of communication and is subject to the control of any person appointed by the sanitary authority to superintend the work of communication. A person causing any drain to empty into any sewer of the sanitary authority without complying with these provisions incurs a penalty not exceeding 201. and the sanitary authority may close any unauthorised communication, and may recover in a summary manner from the offender any expenses which they may incur. (29 & 30 Vict. c. 90. s. 8.)

Disposal of Sewage.

The sanitary authority may contract for the sale of sewage, or for its distribution over land, and may purchase or take on lease lands, buildings, or apparatus for receiving, storing, disinfecting, or distributing sewage. But these powers must be so exercised

as not to create a nuisance. (21 & 22 Vict. c. 98. s. 30 (2, 3); 28 & 29 Vict. c. 75. s. 4.)

The sanitary authority may deal with lands held by them for these purposes as they deem most profitable, either by leasing them for a period not exceeding 7 years for agricultural purposes, or by contracting with some person to take the whole or part of the produce of the land, or by farming the land, and disposing of its produce.

But in any appropriation which may be made of land held by the sanitary authority for the above purposes, care must be taken that provision is made for receiving, storing, disinfecting, or distributing all the sewage which it is the duty of the sanitary authority to cause to be disposed of in that manner. (30 & 31 Vict. c. 113. s. 5.)

The sanitary authority 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, and as to the works to be made for the purpose of that supply, and the parties to execute the same and to bear the costs, and the sums of money, if any, to be paid for that supply. But no contract can be made for the supply of sewage for a period exceeding 25 years. (25 & 29 Vict. c. 75. s. 14.)

Where a sanitary authority have agreed, or hereafter agree with any persons or body of persons, corporate or unincorporate as to the supply of all or any of the sewage of any place, and the works to be made for the purpose of that supply, they may contribute to the expense of carrying into execution by such person or body of persons any of the purposes of the agreement. They may become shareholders in any company with which any agreement in relation to these matters has been entered into by them, or to which the benefits and obligations of such agreement have been or may be transferred.

All expenditure in consequence of the exercise of this power is deemed to have been incurred by the sanitary authority, in the construction or due maintenance of the necessary sewers for carrying away the said sewage, and must be provided for accordingly. (30 & 31 Vict. c. 113. s. 15.)

The making of works of distribution, and for the supply of sewage to lands for agricultural purposes is deemed an "improvement of land" authorised by "The Lands Improvement Act, 1861." (28 & 28 Vict. c. 75. s. 15.)

SAVING PROVISIONS.

As to Commissioners of Sewers, Secretary for War, Proprietors of Canals, &c.

Nothing in the Local Government Acts* authorises the sanitary authority

(1.) To use, injure, or interfere with sluices, floodgates, sewers, groynes, or sea. defences, or other works made under

*For definition, see p. 12.

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