Power of entry. 28 & 29 Vict. c. 75, s. 5. the Sanitary Act, 1866, in the same manner as if it had made default in providing its district with efficient sewers. The sewer authority have the powers of entry conferred by section 143 of the Public Health Act, 1848 (ante, p.), 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 that section. Sewer au- A sewer authority may, without their district, provide any thority may works and do any act for the purpose of receiving, storing, exercise without their disinfecting, or distributing sewage which they may provide or do within their district, subject to the conditions to which they would be subject in providing such works or doing such acts within their district, and to the conditions imposed on Local Boards in carrying into effect the 4th section of 24 & district powers in relation to distribution of sewage. 30 & 31 Vict. C. 61, as to which see ante, p. 98. C. 113, s. 3. Mode of proceeding where sewer authority has made default in providing sufficient sewers, etc. c. 90, s. 49. 25 Vict. Where complaint is made to the Local Government Board that a sewer authority has made default in providing its district with sufficient sewers, or in the maintenance of existing sewers, or in providing its district with a supply of water in cases where danger arises to the health of the inhabitants from the insufficiency or unwholesomeness of the existing supply of water, and a proper supply can be got at a reasonable cost, the Local Government Board, if satisfied after due enquiry made by 29 & 30 Vict. them that the authority has been guilty of the alleged default, shall make an order limiting the time for the performance of its duty in the matter of such complaint. If such duty is not per formed by the time limited in the order, the Local Government Board shall appoint some person to perform the same, and shall by order direct that the expenses of performing the same, together with a reasonable remuneration to the person appointed for superintending such performance, and amounting to a sum specified in the order, together with the costs of the proceedings, shall be paid by the authority in default. Any order made for the payment of such costs and expenses may be removed into the Court of Queen's Bench, and be enforced in the same manner as if the same were an order of such Court. 32 & 33 Vict. c. 100, s. 8. Ib. s. 9. The costs of this proceeding on the part of the Local Government Board are provided for, as will be seen, ante, p. 92. By a subsequent Act the Local Government Board from may time to time, by order under their hand change the person appointed by them to perform the duty of a defaulting Local authority. And the Local Government Board may make order for the payment of the costs of all inquiries or proceedings directed by them in pursuance of the Local Government Act, 1858, the Sanitary Acts, 1866, 1868; the Sewage Utilization Acts, 1865, 1867, or any such Acts, and as to the parties by whom, or the rates out of which, such costs shall be borne, and such orders may be enforced in the same way as orders for costs of appeals under the 81st section of the Local Government Act, 1858. An order of the Secretary of State under 29 & 30 Vict. c. 90, s. 49 recited that the sewer authority had "made default in providing a proper system of main drainage" and proceeded: "I do order the said authority to do its duty and begin to set about the works for the purpose within one month from the date of this order, and proceed therewith until completion;" after the month the sewer authority having done nothing, the Secretary of State made a second order appointing J. B. "to perform the said duty of the sewer authority in respect to sewerage as he shall be directed by me." The Court held that these two orders were justified by the enactments of s. 49. (1) If any person wilfully damages any works or property be- Penalty for longing to any sewer authority he shall be liable to a penalty wilful not exceeding £5. damage of works. 29 & 30 Vict. c. 75, s. 6. A sewer authority shall pay all expenses incurred by them in carrying the Act into effect out of the fund or rate mentioned c. 90, s. 45. in the third column of the table, ante, p. 564, and shall have all Payment of such powers of borrowing money on the security of such fund expenses. 28 & 29 Vict. or rate as Local Boards have of borrowing money under the Local Government Act, 1858, and the Acts amending that Act (see ante, p. 425), on the security of the funds or rates in those Acts in that behalf mentioned, subject to the conditions and sanction under which such powers are exercised by Local Boards under such Acts. Ib. s. 7. A sewer authority, for the purpose of the Act, have the Power to powers of taking lands conferred on Local Boards by section 75 take lands. of the Local Government Act, 1858, and any Act amending the same (as to which see ante, p. 435). of sewage. A sewer authority for the purpose of receiving, storing, dis- Purchase of infecting, and distributing sewage, and of the construction of land for any works for receiving, storing, disinfecting, or distributing distribution sewage, and of the construction of any sewer or drain, or for 30 & 31 Vict. any of the above purposes, may purchase or take on lease any c. 113, s. 4. lands either within or without their district, and shall for carrying into effect any such purchase have all the powers of taking land conferred by the 75th section of the Local Government Act, 1858, as amended by 30 & 31 Vict. c. 113. lend money The Public Works Loan Commissioners, as defined by the Public Works Public Works Loan Act, 1853, may advance to any sewer Loan Commisauthority, upon the security of any rate applicable to the pur- sioners may poses of the Act, without any further security, such sums of to sewer money as may be recommended by the Local Government authorities. Board, to be applied by such authority in carrying into effect 28 & 29 Vict. purposes of the Act. the c. 75, s. 12. Full compensation shall be made out of any fund or rate Compensation applicable to the purposes of the Act, to all persons sustaining Ib. s. 8. any damage by reason of the exercise of any of the powers of the Act; and in case of dispute as to the amount, the same shall be settled by arbitration, as provided in the Public Health (1) Reg. v. Cockerell, L. R. 6 Q. B. 252. Power of sewer authorities to combine. Act, 1848, or any Act amending the same (see ante, p. 460), or if the compensation claimed do not exceed the sum of £20, the same may be ascertained by and recovered before justices in a summary manner, as provided by those Acts (as to which see ante, p. 460.) Two or more sewer authorities, including under that expression Local Boards, may combine together for the purpose of executing and maintaining any works that may be for the benefit 28 & 29 Vict. of their respective districts, and all moneys 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, and shall be raised accordingly. c. 75, s. 9. Powers of Act cumulative. Ib. s. 13. Power for sewer au thority to deal with land appro priated to sewage purposes. 30 & 31 Vict. c. 113, s. 5. Contract for utilization of sewage, Vict. c. 75, s. 14. Application of 27 & 28 Vict. c. 114, to works, All powers given by the 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 the Act had not passed. A Local Board as defined, ante, p. 564, does not come within the description of a sewer authority, ante, p. 564; it is however invested by the Public Health and Local Government Acts with full powers effectually to provide for the sewage of its district. § 7. DISTRIBUTION OF SEWAGE. A sewer authority may deal with any land held by them for the purpose of receiving, storing, disinfecting, or distributing sewage in such manner as they deem most profitable, either by leasing the same for a period not exceeding seven years for agricultural purposes, or by contracting with some person to take the whole or a part of the produce of such land, or by farming such land and disposing of the produce thereof; subject to this restriction, that in any appropriation which may made of land held by a sewer authority for the above purposes, care shall be taken that provision be made for receiving, storing, disinfecting, or distributing all the sewage which it is the duty of the sewer authority to cause to be disposed of in that manner. be 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, 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. No contract, however, shall be made for the supply of sewage for a period exceeding twenty-five years. The making of works of distribution and service for the supply of sewage to lands for agricultural purposes shall be deemed an "Improvement of Land" authorized by the Land Improvement Act, 1864, and the provisions of that Act shall etc., for apply accordingly. § 8. USER OF SEWERS OF SEWER AUTHORITIES. supply of C. 114, s. 15. drain into sewers of sewer Any owner or occupier of premises within the district of a Power to sewer authority shall be entitled to cause his drains to empty into the sewers of that authority on condition of his giving such notice as may be required by that authority of his in- authority. tention so to do, and of complying with the regulations of that 29 & 30 Vict. authority in respect of the mode in which the communications c. 90, s. 8. between such drains and sewers are to be made, and subject to the control of any person who may be appointed by the sewer authority to superintend the making of such communications. Any person causing any drain to empty into any sewer of a sewer authority without complying with these provisions shall incur a penalty not exceeding £20, and the sewer authority may close any communication between a drain and sewer made in contravention of the section, and recover in a summary manner from the person so offending any expenses incurred by them under the section. Any owner or occupier of premises beyond the limits of the Use of sewers district of a sewer authority may cause any sewer or drain from by persons beyond such premises to communicate with any sewer of the sewer district. authority upon such terms and conditions as may be agreed Ib. s. 9. upon between such owner or occupier and such sewer authority, or in case of dispute may, at the option of the owner or occupier, be settled by two justices or by arbitration in manner provided by the Public Health Act, 1848 (ante, p. 460), in respect of matters by that Act authorized or directed to be settled by arbitration. houses. If a dwelling-house within the district of a sewer authority As to the is without a drain, or without such drain as is sufficient for drainage of effectual drainage, the sewer authority may by notice require the b. s. 10. owner of such house within a reasonable time therein specified to make a sufficient drain emptying into any sewer which the sewer authority is entitled to use, and with which the owner is entitled to make a communication, so that such sewer be not more than one hundred feet from the site of the house of such owner; but if no such means of drainage are within that distance then emptying into such covered cesspool or other place, not being under any house, as the sewer authority directs. If the person on whom such notice is served fails to comply with the same, the sewer authority may itself, at the expiration of the time specified in the notice, do the work required, and the expenses incurred by it in so doing may be recovered from such owner in a summary manner. defined. By sect. 11 of the Sanitary Act, 1868, in the construction Owner of the first part of the Sanitary Act, 1866, "owner" shall have the same meaning as it has in the second part of that Act. By Owner defined. Service of notices. C. 115, S. II. sect. 14 of the Sanitary Act, 1866, the second part of that Act is to be construed as one with the Nuisances Removal Acts; and by sect. 2 of the Nuisances Removal Act, 18 & 19 Vict. c. 121, the word "owner" includes any person receiving the rents of the property in respect of which that word is used from the occupier of such property on his own account, or as trustee or agent for any other person, or as receiver or sequestrator appointed by the Court of Chancery, or any order thereof, or who would receive the same if such property were let to a tenant. By sect II of the Sanitary Act, 1868, notices may be served for the purposes of the first part of the Sanitary Act, 1866, 31 & 32 Vict. in the same manner in which they are required to be served under the second part of that Act, that is to say, in the manner required by the 18 & 19 Vict. c. 121, s. 31, "by delivering the same to or at the residence of the persons to whom they are respectively addressed, and where addressed to the owner or occupier of premises they may also be served by delivering the same or a true copy thereof to some person upon the premises, or if there be no person on the premises who can be served, by fixing the same upon some conspicuous part of the premises; or if the person shall reside at a distance of more than five miles from the office of the inspector, then by a registered letter through the post." Sewer authority may take proceedings to prevent pollution of streams. 28 & 29 Vict. c. 75, s. 10. Sewers not The foregoing provisions give in effect the same powers of compelling persons to use the drains provided by sewer authorities as are given to Local Boards by sections 47, 48, and 49, of the Public Health Act, 1848, ante, pp. 110, 111, 155. § 9. PREVENTION OF POLLUTION OF RIVERS. A sewer authority, with the sanction of the Attorney-General in England, may, either in its own name or in the name of any other person, with the consent of such person, take such proceedings by indictment, bill in chancery, action, or otherwise, as it may deem advisable, for the purpose of protecting any watercouse within its jurisdiction from pollutions arising from sewage either within or without its district. 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 sewer authority in carrying into effect the purposes of the Act. Nothing contained in the Act, or in the Acts referred to in to drain into it, shall authorize any sewer authority to make a sewer so as to drain direct into any stream or watercourse. any stream or water course. Ib. s. II. § 10. SUPPLY OF WATER BY SEWER AUTHORITIES. A sewer authority within its district shall have the same powers in relation to the supply of water that a Local Board |