Penalties on

persons for causing

tinued, ormaintained under this Act (b), 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 (b), or from any waters or streams by which such waterworks are supplied,

Or shall wilfully or negligently waste or cause to be wasted 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 (c) in that behalf,

Which penalties (d) 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.

LXXX. And be it enacted, that whosoever shall bathe in any stream, reservoir, conduit, aqueduct, or other water

(b) This refers to sect. 50. Reference may be made to 21 & 22 Vict. c. 98, s. 66, in regard to injury to the works of the local board. The 29 & 30 Vict. c. 90, s. 45, enacts that if any person wilfully damages any works, or property belonging to any local board, he shall be liable to a penalty not exceeding 51.

(c) As to the notice from the local board of health, see sect. 150, post, and 21 & 22 Vict. c. 98, s. 61; but in the case of parishes acting under sect. 50, a notice from the overseers would seem to be sufficient.

(d) As to the recovery of penalties, see sect. 129, post, and 21 & 22 Vict. c. 98. s. 67, post, as to the application of penalties.

reservoirs to

works (e) belonging to or under the management or control water in of the local board of health, or in any reservoir, conduit, be fouled; aqueduct, or other waterworks constructed, continued, or maintained under this Act (f) 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 (g),

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 (h) or place as aforesaid shall be fouled,

Shall for every such offence forfeit a sum not exceeding five pounds (i) and a further sum of twenty shillings for each day whilst the offence is continued after written notice (j) 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:

And whosoever, being proprietor of any gasworks, or and on probeing engaged or employed in the manufacture or supply gasworks,

(e) See the extensive signification of this word in sect. 2, ante. (f) According to sect. 50.

(g) Quære-Does this interfere with the prescriptive rights which may have been obtained by parties thus to use any stream or aqueduct prior to the acquisition thereof by the local board? It will be seen that the last clause contains an express reservation of the rights of private owners, but the same is not extended to this clause.

(h) According to sect. 50.

(i) As to the recovery of this penalty see sect. 129, post.

See note on sect. 79, ante.

prietors of

&c.

of gas, causes or suffers (i) 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 (k), 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 (1);

And if any water supplied by, belonging to, or under the management or control of the said local board, be fouled in any manner (m) 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 (n), and a further sum not exceeding ten pounds for every day whilst

(i) This word applies to involuntary omission to prevent. Hipkins v. The Birmingham and Staffordshire Gaslight Company, 6 Jur. (N. S.) 173; 7 Jur. (N. s.) 213; 5 H. & N. 74; 6 H. & N. 250.

(k) As to the service and authentication of notice see sect. 150, post, and 21 & 22 Vict. c. 98, s. 61.

(See sect. 133, post, and see the provisions in the Nuisance Removal Act, 18 & 19 Vict. c. 121, ss. 23-25, in the Appendix, which were held to supersede a clause in a local Act containing similar penalties. Parry v. Croydon Gas and Coke Company, 11 Č. B. (N. s.) 579; 15 C. B. (N. s.) 508; 9 L. T. (N. s.) 694.

(m) Two mischiefs are provided for: one is the wilful causing of washings from the gasworks to flow into the waterworks of the local board of health, for which the heavy penalty of 2001. is imposed; the other is the negligent or careless act on the part of the proprietor of the gasworks which fouls the water of the board, and for this a penalty of 207. is imposed. These provisions relating to gasworks are introduced from 3 & 4 Will. 4, c. 90, and 10 & 11 Vict. c. 15.

(n) Quære, whether the smaller penalty is recoverable summarily, or by action of debt, as the larger one?

the offence is continued after the expiration of twenty-four hours notice in writing (o) 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 (p) 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 (q) in writing be given to the person to whom such pipes, conduits, or works 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 hereinafter provided (r);

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 hereinafter provided (s).

() See note, p. 140.

(p) See in sect. 143, post, the powers given to enforce the admission of the examiners.

(q) See sect. 143, post, and 21 & 22 Vict. c. 98, s. 61. It will be observed that as in many cases it will be difficult to ascertain to whom these works belong, the notice may be given to the managers of them.

(r) See sect. 129, post, and as to the appeal of the party aggrieved, sect. 120, post.

(8) The only clause which appears to be referred to here is sect. 129, which, however, is not aptly framed to meet the case of proceedings against the local board.

Power to provide pre

reception of

Houses for the reception of the Dead.

LXXXI. And "for the purpose of preventing the mani

mises for the fold evils occasioned by the retention of the dead in the the dead dwellings of the poor," be it enacted, that the local board of previously to health may, if they shall think fit, provide, fit up, and make

interment.

Burial

byelaws (e) with respect to the management and charges for the use of rooms or premises in which corpses may be received and decently and carefully kept previously to interment;

And the said local board may, upon proper application, and subject to such regulations and at such rates and charges as shall be prescribed by any such byelaws, make all necessary arrangements for the decent and economical interment of any corpse which may have been received into any rooms or premises so provided in pursuance of this enactment.

Burial Grounds.

LXXXII. And be it enacted (ƒ), that if upon the representation of grounds, &c., the local board of health, and after inquiry and report by a superindangerous to health may tending inspector, notified to the lord bishop of the diocese, and made, notified, and published in manner hereinbefore directed with respect to the inquiry and report of superintending inspectors previously to the constitution of a district under this Act, and after inquiry by such other ways and means as the general board of health may think fit to

he prohibited.

(e) As to the making of byelaws, see sect. 115, post. See the provision as to the provision of such receptacles by burial boards in 15 & 16 Vict. c. 85, s. 42, incorporated in 16 & 17 Vict. c. 134.

(f) It will be proper to refer to the provisions contained in the several statutes lately passed which regulate interments: 15 & 16 Vict. c. 85, 16 & 17 Vict. c. 134, 17 & 18 Vict. c. 87, 18 & 19 Vict. c. 128, and 20 & 21 Vict. c. 81, and the commentaries by Mr. Scott and Mr. Glen thereon.

This clause is practically determined for the future. But see the provision contained in 21 & 22 Vict. c. 98, s. 49, post, whereby the local board of health may become a burial board.

It will be seen that the clause gives no power to the local board to act in the matter beyond making a representation to the general board of health.