Country Towns Water and Sewerage Act of 1880 No 35a (NSW)

No. XIV.

An Act to establish a system of Water Supply and Sewerage for certain Towns. [12th July, 1880.]

WH E R E A S it is expedient to establish a general system by means of which the Councils of Boroughs and Municipal Districts

may be empowered to provide an adequate Supply of Water and to

construct and maintain Sewerage Works for such Boroughs and Districts where the same are not included within the operation of the "Metropolitan Water and Sewerage Act of 1880" Be it therefore enacted by the Queen's Most Excellent Majesty by and with the advice and consent of the Legislative Council and Legislative Assembly of New South Wales in Parliament assembled and by the authority of the same as follows that is to say :—

P A R T I.

Preliminary—General Powers and Duties of Councils as to Water

Supply and Sewerage—Borrowing Powers for construction and

maintenance of Works—Appointment of Officers—By-laws &c.

1. This Act may be cited as the "Country Towns Water and Sewerage Act of 1880" I ts provisions are arranged under Five Parts

embracing the following subjects viz.:—

P A R T I.—Preliminary—General Powers and Duties of Councils as to Water Supply and Sewerage—Borrowing Powers for

construction and maintenance of Works—Appointment of

Officers—By-law &c.

P A R T II.—Special Provisions as to Water Supply.

PART III.—Special Provisions as to Sewerage.

P A R T IV.—The acquisition and occupation by Councils of Lands

for purposes of Water Supply or	Sewerage—Ascertainment
of Compensation in respect thereof.

P A R T V.—Special Provisions in respect of certain authorized

Works—Miscellaneous Provisions—Legal Procedure.

And in the construction of this Act the following Words and ex­ pressions in inverted commas shall unless there be something in the subject or context repugnant thereto or inconsistent therewith bear the meanings and include the persons or things hereby respectively set against such words and expressions that is to say—

Council. "Justice "—

"Catchment Area"—The drainage area of the streams and other sources of water supply included within boundaries set forth in any Proclamation under this Act for the purpose of providing Water for any Water District.
"Central Authority"—The Board of Water Supply and Sewerage —or until such Board shall be constituted the Minister for Public Works.

"Condui t"—The canals tunnels aqueducts cuttings or pipes by means of which the main stream of water is supplied to any Borough or Municipal District.

"Counci l "—The Council of any Borough or Municipal District not situate wholly or in part in the County of Cumberland.

"Governor"—The Governor with the advice of the Executive

"Jus t ice"—Any Justice of the Peace.

"Owner"—Any person who is in the receipt of the rents and

profits of any house manufactory or buildings of whatsoever
kind or of any land.

"Sewer"—Any sewer or drain of what kind soever whereby any liquid refuse or any water shall be carried off.

"Sewerage District"—The area within which the construction and maintenance of sewerage or drainage works for sewerage or drainage are authorized.

"S t ree t"—Any square court alley highway lane road thorough­ fare or public passage.

" W a t e r District"—The area within which water is authorized to

be supplied to the inhabitants of any Borough or Municipal

District.

2. So much of the one hundred and sixty-fifth and one hundred

and sixty-sixth sections of the "Municipalities Act of 1867" as limits

the rates leviable in respect of works for water supply or sewerage to

the respective amounts therein prescribed so much of the one hundred and sixty-eighth section of the said Act as declares that special and general rates for any Municipality shall not exceed the amount therein specified And so much of the said Act as is repugnant to the pro­ visions of this Act in respect of the construction or maintenance of works for water supply or sewerage the borrowing of money therefor and the making of rates in respect thereof arc hereby repealed but only so far as the said enactments might be construed to control and limit the provisions of this Act.

3. The Council of any Borough or Municipal District may for the purposes and subject to the provisions of this Act acquire purchase or take on lease sell or exchange any land whether situated within or without such Borough or District They may also purchase any water privileges or easements which interfere with the proper drainage of or with the supply of water to such Borough or District And any lands acquired by such Council in pursuance of the power contained in this Act but not required for the purpose for which they were acquired may with the approval of the Governor be sold by such Council and the proceeds of such sale shall be applied in discharging by means of a sinking fund or otherwise any moneys borrowed by such Council or if no such moneys are outstanding the same shall form part of the general revenue of the Municipality.

4. Before the Council shall put into force any of the provisions

contained in this Part with respect to the acquisition of land other-

Avise than by agreement the following conditions and provisions shall
be observed:—

(1.) The Council shall publish once at the least in each of three consecutive weeks in some local newspaper circulating in the Municipality a notice describing shortly the nature of the undertaking in respect of which it is proposed to take the land naming a place where a plan of the proposed under­ taking may be seen at all reasonable hours and stating the quantity of lands required.
(2.) The Council shall serve a notice on every owner or reputed owner lessee or reputed lessee and occupier of such lands defining in each case the particular lands intended to be taken and requiring an answer stating whether the person so served assents dissents or is neutral in respect of taking such lands.

(3.) On compliance with the provisions of this section with re­
spect to notices the Council may if they think fit present a

petition under their common seal to the Governor and such

petition

petition shall state the lands intended to he taken and the purposes for which they are required and the names of the owners lessees and occupiers of lands who have assented dissented or are neutral in respect to the taking such lands or who have returned no answer to the notice And it shall pray that the Council may with reference to such lands he allowed to put in force the powers contained in Part I V of this Act with respect to the acquisition of lands otherwise than by agreement and such prayer shall be supported by such evidence as the Governor may require.

(4.) On the receipt of such petition and on due proof of the proper notices having been published and served the Governor shall take such petition into consideration and may either dismiss the same or direct a local inquiry as to the propriety of assenting to the prayer of such petition but until such inquiry has been made no provisional order shall be made affecting any lands without the consent of the owners lessees and occupiers thereof.

(5.) After the completion of such inquiry the Governor may by provisional order empower the Council to put in force with reference to the lands referred to in such order the powers of the said Part with respect to the acquisition of lands otherwise than by agreement or any of them and either absolutely or with such conditions and modifications as the Governor may think fit and it shall be the duty of the Council to serve a copy of any order so made in the manner and on the person in which and on whom notices in respect of such lands are required to be served.

5. I t shall be lawful for any Council for the purpose of defraying any costs charges and expenses incurred or to be incurred by them in the execution of the powers contained in this Act (if they require to do so) to borrow any sum of money necessary for defraying such costs charges and expenses but the exercise of the said power shall be subject to the conditions and regulations following viz :—

(1.) No moneys shall be borrowed unless for the purpose of constructing permanent works for water supply or sewerage the cost of which ought in the opinion of the Governor to be spread over a term of years.

(2.) The sum to he borrowed shall not at any time exceed a sum equal to five times the gross amount collected for rates by the Council during the Municipal year immediately preceding that in which the power to borrow is sought to be exercised.

(3.) I n every case the Council shall submit a statement under its corporate scalshowing the whole of the then existing charges (if any) upon the revenues of the Council created by the exercise of its borrowing powers under the "Municipalities Act of 1867" and shall also submit under the sealaforesaid aplan of the proposed water or sewerage works for the construction of which they propose to borrow money under this Act for the considera­ tion of the Governor accompanied by proper sections estimates and other explanations showing the character and probable cost of the proposed works And the Governor may at the cost of the Council cause the same to be reported upon by an officer of the Central Authority or may require a local inquiry to be held and the result thereof to be reported to him.

(4.) If the Governor shall finally approve of the plans or of any amended plans for the proposed works such approval shall be notified in the Gazette and after such notification but not before it shall be lawful for the Council to exercise the borrowing powers conferred bv this Act.

(5.)

(5.) All moneys borrowed by the Council shall be raised by the sale of debentures to be issued in such series and at such times and with such official stamp and otherwise in such manner as the Governor shall prescribe by regulations under this Act and all such debentures shall have a currency for such time not exceeding thirty years as the Governor may sanction in each case and shall bear interest at the rate of five pounds per centum per annum and shall be in the form in the First Schedule hereto.

(6.) Every such debenture shall be numbered in regular ascending arithmetical progression whereof the common difference shall be one and shall have annexed for every payment of interest to grow due thereon a coupon bearing the same number in the debenture.

(7.) Every such debenture shall name the principal sum secured thereby which shall not be less than five pounds the rate at which interest is payable thereon and the time and place where such principal and interest are payable And every such debenture shall be under the common seal of the Council and be signed by the Mayor and Council Clerk and shall bear date on the day on which it is scaled.

(8.) Every such debenture and any coupon whether annexed thereto or not may be transferred by simple delivery.
(9.) No debenture issued under the authority of this Act which shall be sold by the Council at or for a less price than the amount for which such debenture purports to be a security shall be deemed to entitle the holder thereof for the time being to payment of the amount of such debenture or of any sum by way of interest thereon from the Colonial Treasurer upon default made in any such payment by the said Council as hereinafter provided.

6. The holder of any debenture issued under the provisions of this Act shall be entitled to receive payment from the Council by which it was issued of the principal sum named therein upon presentation of such debenture on or after the due date thereof at the place where the same is expressed to be made payable And the holder of any coupon originally annexed to a debenture and whether separated therefrom or not shall be entitled to receive payment in like manner of the interest mentioned in such coupon upon presentation of the same at the place where and on or after the date when interest is payable If default be

fact of such default having been made under the hand of the Council	made in payment of such principal sum or interest a certificate of the
Clerk shall be given to the holder of such debenture or coupon upon his demanding the same and upon presentation of such certificate of default to the Colonial Treasurer he shall within fourteen days thereafter pay to such holder the amount of such principal or interest out of the Consoli­ dated Revenue Fund upon a warrant under the hand of the Governor which warrant shall be the said Treasurer's discharge for any such pay­ ment and every such payment shall as between the said Council and the holder of such debenture or coupon be a complete discharge of the Council to the extent of such payment but as between the Council and the Consolidated Revenue Fund shall be a debt as against the Council to be liquidated as hereinafter provided.
7. When default shall have been made by the Council in making any payment whether of principal or interest to the holder of any such debenture or coupon and if such payment has been made out of the Consolidated Revenue Fund it shall be lawful for the Colonial Treasurer forthwith to take such proceedings to enforce payment by procuring the appointment of any number of persons not exceeding

three

three to be receivers of the rates and other revenues of such Council as may now or hereafter be taken by a mortgagee or other secured creditor or by the holder of the debentures of a Municipal Council under the "Municipalities Act of 1867" or any Act amending the same—

(1.) The said Treasurer shall have full power to make all necessary applications to and to procure all necessary orders and directions from the Supreme Court for and touching the appointment of receivers or a receiver and the said Court shall have power to make all such orders for the appointment of a receiver or for his removal and the appointment of another in his place as may be necessary and to make any orders and give any directions which the said Court may think proper And every such receiver shall be deemed to be an
officer and shall act under the direction of the Supreme Court. (2.) Such receivers shall have power to make levy and collect all rates whether for water supply or sewerage authorized by this Act to be made levied or collected by the Council and be entitled to receive all rates and revenues whatsoever payable to the Council of the Municipality for or in respect of which they shall have been appointed receivers but the rates so to be made and levied shall not exceed the maximum limits permitted under the provisions of the law in force for the time being And for such purposes such receivers shall be deemed the Council of such Municipality and may exercise all the powers thereof.

(3.) Receivers shall be entitled to such commission payable out of the rates of the Municipality as remuneration for their services as the Supreme Court may appoint.

(4.) Receivers shall subject to any order of the Supreme Court pay over all moneys received by them to the Colonial Treasurer to be by him carried to the Consolidated Revenue Fund and if there bo any balance in hand over and above the amount due and payable to the Colonial Treasurer under the provisions of this Act they shall pay such balance over to the Council of the Municipality.

8. A Council proposing to borrow under this Act shall if required by the Governor set apart in such manner and under such conditions as he may prescribe in that behalf as a sinking fund and accumulate in the way of compound interest by investing the same in the purchase of Government securities such sum as will with

payment of all expenses to pay off the moneys so borrowed within	accumulations in the way of compound interest be sufficient after
the period sanctioned And the Council may at any time apply the whole or any part of a sinking fund set apart under this Act in or towards the discharge of the moneys for the repayment of which the fund has been established Provided that they shall pay into the fund in each year and accumulate until the whole of the moneys borrowed are discharged a sum equivalent to the interest which would have been produced by the sinking fund or the part of the sinking fund so applied.
9. After the approval by the Governor of any scheme of Water Supply or Sewerage shall be notified in the Gazette it shall be lawful for the Governor by Proclamation to define the boundaries of any catch­ ment area and of any Water or Sewerage District required for the purpose of supplying with water any boundaries of the Borough or Municipal District or for the sewerage thereof respectively.
10. I t shall be lawful for any Council to appoint such engineers or inspectors accountants collectors clerks rangers and such other officers and servants as may be required for the purposes of this Act and

for

for the due administration thereof And such persons so to he appointed shall where required by the Council give such security for the perform­ ance of their several duties as the Council shall prescribe.

11. The same person may be both Surveyor and Inspector of

Nuisances but neither the person holding the office of Treasurer nor his partner nor any person in the service or employ of them or either of them shall be eligible to hold or shall in any manner assist or officiate in the office of Council Clerk and neither the person holding the office of such clerk nor his partner nor any person in the service or employ of them or either of them shall be eligible to hold or shall in any manner assist or officiate in the office of Treasurer. Any person offending against this enactment shall forfeit and pay the sum of one hundred pounds which may be recovered by any person with full costs of suit in any competent Court.

12. Before any officer or servant of any Council enters on any office or employment under this Act by reason whereof he will or may be intrusted with the custody or control of money the Council by
w h o m he is appointed shall take from him sufficient security for the
faithful execution of such office or employment and for duly accounting
for all moneys which may be intrusted to him by reason thereof.

13. Subject to the provisions of this Act any Council may from time to time make alter and repeal by-laws :—

(1.) For regulating the form of contract to be entered into with the Council and generally for carrying into effect the purposes of this Act

As to Water Supply.

(2.) For the appointment of a scale of charges for water supplied by measure and the minimum quantity of water to he charged for where water is so supplied

(3.) For determining making and levying the rate to be paid in respect of lands and tenements to he supplied with water for domestic purposes otherwise than by measure or in respect of lands and tenements distant not more than fifty yards from any main constructed by or vested in the Council Provided that the valuation of any lands or tenements for the purposes of such water supply shall not exceed in any year the valuation (if any) of such lands or tenements during the same or the previous year by the Borough or Municipal District

respectively in which such lands or tenements are situated And no such rate shall exceed the amount of five pounds per	cent. per annum on the assessed value Provided that no
charge for the supply of water to any house tenement or lands shall in any case be lessthan the sum often shillings perannum

(4.) For imposing an extra rate for water supply in places distant more than one hundred yards from the conduit

(5.) For determining the time at which any charge for water shall be payable and whether in advance or otherwise

(6.) For regulating the form material dimensions construction and arrangement of pipes and other works supplying water from the pipes of the Council to adjacent premises—the time of executing and the notices to be given for such works—the superintendence thereof—the making good and replacing ground which may be displaced in the course of such works —and for inspecting all services at reasonable times whether situate within any buildings or otherwise

(7.) For regulating the construction disposition custody and inspection of meters.

(8.)

(8.) For preventing the waste or misuse of water supplied by the

Council

(9.) For compelling persons using water supplied by the Council to keep their pipes and other appliances in proper repair—- for preventing any alteration of or interference with such pipes without notice to the Council—for repairing such pipes and appliances so as to prevent waste of water and for recovering the cost of such repairs

(10.) For preventing the use directly or indirectly of water sup­
plied by the Council by persons unauthorized by the Council
(11.) For preventing persons from wilfully or negligently break­
ing injuring or from interfering with any pipe lock cock
valve engine or work belonging to the Council and from doing

any other wilful act whereby the water supplied by the Council

may be wasted

As to Sewerage.

(12.) For regulating the drainage of roads and streets into sewers
(13.) Forregulating the dimensionsmaterial form construction and

arrangement of and the maintenance cleansing and repairing of the pipes drains and other means of communicating with sewers and of the traps and apparatus connected therewith

(14.) For the carrying out of such works of cleansing and removing and disposing of refuse as the Council is authorized by this Act to perform or require

(15.) For regulating the assessment form and collection of rates charges and contributions the periods for the repayment of the costs of works by the persons or rates chargeable with such repayment Provided that no Sewerage rate shall exceed five pounds per centum on the assessed value of the premises drained

And every such by-law shall after approval by the Governor within fourteen days after such approval has been signified to the Council be laid before Parliament if in session and if not then within fourteen days after the commencement of the next Session And no such by-law shall have any force or effect until it has been published in the Gazette And every such by-law shall when so published be binding upon and be observed by all persons and shall be sufficient to justify all persons acting under the same.

14. Every such by-law may state a maximum penalty for the pounds for each day after notice of the offence shall be given by the	breach thereof not in any case exceeding twenty pounds and shall also	state in cases of continuing offences a further penalty not exceeding five
Council And the production of the Gazette containing any such by-law shall in any action at law or suit in equity or any other proceeding and in all Courts be sufficient evidence that such by-law as it is printed in such Gazette has been duly made and published as hereinbefore provided
15. With respect to contracts made by any Council under this Act the following regulations shall be observed viz.:—

(1.) Every contract made by the Council whereof the value or amount exceeds fifty pounds shall be in writing and sealed with the common seal of such Council.

(2.) Every such contract shall specify the work materials matters or things to be furnished had or done the price to be paid and the time or times within which the contract is to be per­ formed and shall specify some pecuniary penalty to be paid in case the terms of the contract are not duly performed

(3.) Before contracting for the execution of any works under

the provisions of this Act the Council shall obtain from their

2 D surveyor

surveyor or other competent officer an estimate in writing as well of the probable expense of executing the work in a sub­ stantial manner as of the annual expense of repairing the same also a report as to the most advantageous mode of con­ tracting that is to say whether by contracting only for the execution of the work or for executing and also maintaining the same in repair during a term of years or otherwise

(4.) Before any contract of the value or amount of one hundred pounds or upwards is entered into by the Council ten days' public notice at the least shall be given expressing the nature and purpose thereof and inviting tenders for the execution of the same and such Council shall require and take sufficient security for the due performance of the same

(5.) Every contract entered into by the Council in conformity with the provisions of this section and duly executed by the other parties thereto shall be binding on the Council by whom the same is executed and their successors and on all other parties thereto and their executors administrators successors or assigns to all intents and purposes Provided that the Council may compound with any contractor or other person in res­ pect of any penalty incurred by reason of the non-performance of any contract entered into as aforesaid whether such penalty is mentioned in any such contract or in any bond or other­ wise for such sums of money or other recompense as to such Council shall seem proper

(6.) Officers or servants appointed or employed under this Act by the Council shall not in anywise be concerned or interested in any bargain or contract made with such Council for any of the purposes of this Act If any such officer or servant is so concerned or interested or under colour of his office or employment exacts or accepts any fee or reward whatsoever other than his proper salary wages and allowances he shall be incapable of afterwards holding or continuing in any office or employment under this Act and shall forfeit and pay the sum of fifty pounds which may be recovered by any person with full costs of suit in any competent Court.

PART I I .

Special provisions as to Water Supply.

16. Subject to the provisions of this Act the Council of any Borough or Municipal District may exercise any of the powers in this Part contained for the construction of waterworks for the supply of water to such Borough or District and for the purpose of carrying out the provisions of this Act such Council may

(1.) Enter upon any lands and take levels of the same and set out such parts thereof as they shall think necessary and dig break and trench the soil of such lands and remove or use all earth stone mines minerals trees or other things dug or obtained out of or from the same

(2.) Enter upon take and hold such land as they may from time to time deem necessary for the construction maintenance repair or improvement of any of the works authorized or transferred by this Act or for obtaining or enlarging the supply of water or for improving the quality thereof for the purposes of this Act

(3.)

(3.) Sink from time to time such wells or shafts and make main­ tain alter or discontinue such reservoirs waterworks cisterns tanks aqueducts drains cuts sluices pipes culverts engines and other works and erect such buildings upon the lands streams and watercourses authorized to be taken by them as they shall think proper for supplying the inhabitants of any such Borough or District with water

(4.) Divert from time to time and impound the water from any streams as they may think fit and alter the courses of the same and also take such waters as may be found in under or on any lands so to be taken for the purposes of this Act

(5.) Enter upon any Crown or private lands streets roads or thoroughfares and lay or place therein any pipes and may repair alter cut off or remove the same and may enter upon any such lands streets roads or thoroughfares for the purpose of repairing any watercourses or other works being their property or under their control

Provided always that in the exercise of any of the powers hereby con­ ferred such Council shall inflict as little damage as may be and in all cases where it can be done shall provide other watering-places drains and channels for the use of adjoining lands in place of any taken away or interrupted by them and shall make full compensation to all parties interested for all damage sustained by them through the exercise of such powers Provided nevertheless that the Council shall not be liable to make compensation in respect of any damage sustained by reason of the taking or diverting of water permanently or otherwise from any river stream or watercourse unless a claim in writing shall be made in respect of such compensation within three months after the com­ mencement of the exercise of the power and that in every case where the Council cannot agree with the owner the amount of compensation shall be ascertained and the case in other respects shall be dealt with under the provisions hereinafter contained.

17. Every person who shall wilfully obstruct any person acting under the authority of the Council in setting out the line of any works undertaken under the authority of this Part or pull up or remove any poles or stakes driven into the ground for the purpose of setting out the line of such works or destroy or injure any works so undertaken as aforesaid shall incur a penalty not exceeding five pounds for every such offence.

18. After any stream or supply of water shall have been diverted impounded or taken by the Council under the authority of this Act

every person who shall illegally or without the authority of the Council

divert or take any water supplying or flowing into the stream or source of supply so diverted impounded or taken by the Council or who shall do any unlawful act whereby any such stream or supply of water may be diverted or diminished in quantity or injured in quality or purity and who shall not immediately repair the injury done by him on being required by the Council so as to restore such stream or supply of water to the state in which it was before such unlawful act shall forfeit to the Council any sum not exceeding five pounds for every day during which the said supply of water shall be so diverted or diminished or injured by reason of any act done by or by the authority of such person And any sum so forfeited shall be in addition to the sum which he may be lawfully adjudged to pay to the Council for any damage which they may sustain by reason of their supply of water being diminished And the payment of the sum so forfeited shall not bar the right of the Council to bring any action at law or any other remedy at law or in equity in respect of the damage so committed.

19. Nothing in this Part contained shall prevent the owners and occupiers of lands through or by which such stream shall flow from using the waters thereof in such manner and to such extent as they might have done before the passing of this Act unless they shall have received compensation in respect of their right of so using such water.

20. If any person unlawfully and maliciously destroy or damage or attempt to destroy or damage any reservoir dam tank tunnel water­ course sluice main pipe aqueduct bridge road way or engine or other part whatever of the works of the Council every such offender shall be guilty of felony and shall be liable to be imprisoned for any term not exceeding ten years.

21. The Council may open and break up the soil and pavement

of the several streets and bridges within the limits of its Water District and may open and break up any sewers drains or tunnels within or under such streets and bridges and lay down and place within the same limits pipes conduits service pipes and other works and engines and from time to time repair alter or remove the same and for the purposes aforesaid remove and use all earth and materials in and under such streets and bridges and do all other acts which the Council shall from time to time deem necessary for supplying water to the inhabitants of the district included within the said limits.

22. When the Council shall open or break up the road or pave­ ment of any street or bridge or any sewer drain or tunnel they shall with all convenient speed complete the work for which the same shall be broken up and till in the ground and reinstate and make good the road or pavement or the sewer drain or tunnel so opened or broken up and carry away the rubbish occasioned thereby And shall at all times whilst any such road or pavement shall be so open or broken up cause the same to be fenced and guarded and shall cause light sufficient for the warning of passengers to be set up and kept there for every night during which such road or pavement shall be continued open or broken up.

23. The Council shall not be liable (in the absence of express stipulation under any agreement for the supply of water) to any penalty or damages for not supplying such water if the want of such supply arises from unusual drought or other unavoidable cause or accident nor shall the Council be compellable to supply water to any person whomsoever.

24. The Council may supply any person with water for domestic
or other purposes by measure at such rates upon such terms and subject

to such conditions as may be agreed upon by the Council and the person

requiring to be supplied But "domestic purposes" shall not for the
purposes hereof include a supply of water for stables or for manu­
facturing purposes or for irrigation water power fountains or for any
ornamental purpose.

25. The Council may let for hire to any consumer of water supplied by measure any meter or instrument for measuring the quantity of water supplied and consumed and any pipes and apparatus for the conveyance reception or storage of the water for such remu­ neration in money as may be agreed upon between the Council and tbe consumer which shall be recoverable in the same manner as rates due to the Council for water.

26. Such meters instruments pipes and apparatus shall not be subject to distress for rent of the premises where the same are used or to be attached or taken in execution under any process of any Court of Law or Equity or under or in pursuance of any sequestration or order in insolvency or other legal proceedings against or affecting the consumer of the water or the occupier of the premises or other the person in whose possession the meters pipes instruments and apparatus may be.

27. Every person who shall have agreed with the Council for a supply of water by measure shall at his own expense unless he hire a meter from the Council provide a meter and keep and maintain the same in good working condition to the satisfaction of such officer as may be appointed by the Council and in the event of any repairs being required notice in writing shall be immediately given by such person to the Council and a registration of the quantity used shall be taken before such repairs are effected.

28. Every person requiring to move or alter the position of any meter shall give six days notice in writing to that effect to the Council and a registration of the quantity of water used shall be taken before such removal or alteration is made.

29. If any person who under the provisions hereinbefore con­ tained ought to provide any meter neglect or refuse after having been required by the Council so to do to provide such meter he shall for every day during which such neglect or refusal continues forfeit a sum not exceeding two pounds.

30. If any person whO has provided any meter as aforesaid fail to give the notice hereinbefore required of any repairs required for such meter he shall forfeit a sum not exceeding ten pounds.

31. If any person refuse or delay to have such meter properly

repaired and put in correct working order after having been required by any officer of the Council so to do the Council may shut off the supply of water from the premises of such person either by cutting the service-pipe or otherwise until such meter shall have been properly repaired and certified by SOME officer of the Council as being in proper working order.

32. If any plumber or other person fix or refix any meter upon any premises supplied with water by the Council without having first obtained a certificate from the Council that the said meter has been examined and found in correct working order he shall forfeit a sum not exceeding ten pounds.

33. If any person remove or alter the position of or in any way interfere with any meter without giving such notice as aforesaid he shall for each such offence forfeit a sum not exceeding twenty pounds over and above the damage which he may be found liable to pay in any action at law at the suit of the Council.

34. The Officers of the Council may enter any house building or lands to through or into which water is supplied by the Council by measure in order to inspect the meters instruments pipes and apparatus for the measuring conveyance reception or storage of water or for the

and may from time to time enter any house building or lands for the	purpose of ascertaining the quantity of water supplied or consumed
purpose of removing any meter instrument pipe or apparatus the property of the Council and if any person hinders any such officer from entering or making such inspection or effecting such removal he shall for each such offence be liable to a penalty not exceeding five pounds but except with the consent of a Justice this p o w e r of entry shall be exercised only between the hours of ten in the forenoon and four in the afternoon.
35. I n all the pipes to which any fire-plug is fixed the Council shall provide and keep constantly laid on for use without charge unless prevented by unusual drought or other unavoidable accident or during necessary repairs a sufficient supply for the following purposes (that is to say) for cleansing the sewers and drains for cleansing and watering the streets and for supplying any public hospitals or charitable institu­ tions or any public pumps baths and washhouses that may be established for the use of the inhabitants and paid for out of any municipal rates Provided that no baths or washhouses shall be entitled to be supplied

with

with water under the provisions of this section unless the charges for the use thereof by the inhabitants shall be approved of and shall not exceed the amounts fixed by the Council.

36. The Council shall fix proper fire-plugs in the main and other pipes belonging to them at such convenient distances and at such places as they may consider proper and convenient for the supply of water for extinguishing anyfire which may break outwithin the Borough or Municipal District And shall from time to time renew and keep in effective order every such fire-plug And shall put up a public notice in some conspicuous place in each street in which such fire-plug is situated showing its situation And such notice may be put up on any house or building in such street And as soon as such fire-plug is completed they shall deposit a key thereof in each place where any public fire- engine is kept.

37. The Council may at the request and expense of the owner or occupier of any manufactory or works situated in or near any street or road in which or within two hundred yards of which there shall be a pipe of the Council place and maintain in effective order a fire-plug (to be used only for extinguishing fires) or near as conveniently may be to such manufactory or works.

38. The Council shall at all times keep charged with water all their pipes to which fire-plugs are fixed unless prevented by drought or other unavoidable cause or accident or during necessary repairs And shall allow all persons at all times to take and use such water for the purpose only of extinguishing fire.

39. After pipes have been laid under the authority of this Act for the supply of water to any street or part thereof the Council shall cause a notice in the form contained in the Second Schedule hereto or to the like effect to be published in four consecutive numbers of some newspaper circulating in the Borough or District and the owner or occupier of every tenement referred to in such notice shall within four weeks from the date of the last publication of such notice cause a proper pipe and stop-cocks to be laid so as to convey a supply of water to such tenement And after fourteen days from such last publication the owner or occupier of such tenement shall unless the Council refuse to supply him with water be liable to pay the rates and charges for such supply although no such pipe and stop-cocks be laid or no such water be used in such tenement.

40. Any owner or occupier of any dwelling-house or part of a

dwelling-house within a Borough or Municipal District who shall wish

to have water from the waterworks of the Council brought into his premises and wrho shall have paid or tendered to the Council the portion
of water rate in respect of such premises by this Act directed to be paid

in advance may open the ground between the pipes of the Council and his premises having first obtained the consent of the owners and occupiers of such ground and lay any pipes from such premises to communicate with the pipes of the Council.
41 . Such pipes shall be of a strength and material approved of by some officer of the Council and every such owner or occupier shall before he begins to lay any such pipe give to the Council two days notice of his intention to do so.

42. Before any pipe is made to communicate with the pipes of the Council the person intending to lay such pipes shall give two days notice to the Council of the day and hour when such pipe is intended to be made to communicate with the pipes of the Council and every such pipe shall be so made to communicate under the superintendence and according to the directions of the surveyor or other officer appointed for that purpose by the Council And the bore of any such pipe shall not exceed three-quarters of an inch except with the consent of the Council.

43. Any person who shall have laid down any pipe or other works or who shall have become the proprietor thereof may remove tlie same after having first given six days notice in writing to the Council of his intention so to do and of the time of such proposed removal and every such person shall make compensation to the Council for any injury or damage to their pipes or works which may be caused by such removal.

44. And such owner or occupier may open or break up so much of the pavement of any as shall be between the pipes of the Council and his house building or premises and at any sewer or drain therein for any such purpose as aforesaid (doing as little damage as may be and making compensation for any damage done in the execution of any such work) Provided always that every such owner or occupier desiring to break up the pavement of any street or any sewer or drain therein shall be subject to the same necessity of giving previous notice and shall be subject to the same control restrictions and obligations in and during the time of breaking up the same and also reinstating the same and to the same penalties for any delay in regard thereto as the Council are subject to under the provisions of this Part.

45. If any person supplied with water by the Council wrong­ fully does or causes or permits to be done anything in contravention of any of the provisions of this part or wrongfully fails to do any thing which under any of those provisions ought to be done for the prevention of the waste misuse undue consumption or contamination of the water of the Council the Council may (without prejudice to any remedy against him in respect thereof) cut off any of the pipes by or through which water is supplied to him or for his use and may cease to supply him with water so long as the cause of injury remains or is not remedied.

46. If any person supplied with water by the Council wilfully or negligently causes or suffers any pipe valve cock cistern bath soil- pan water-closet or other apparatus or receptacle to be out of repair or to be so used or contrived that the water supplied to him by the Council is or is likely to be wasted misused unduly consumed or contaminated or so as to occasion or allow the return of foul air or other noisome or impure matter into any pipe belonging to or con­ nected with the pipes of the Council he shall for every such offence be liable to a penalty not exceeding five pounds.

47. If any person—

(1.) Not having from the Council a supply of water for other

than domestic purposes uses for other than domestic purposes

any water supplied to him by the Council or

(2.) Having from the Council a supply of water for any purpose other than domestic uses such water for any purpose other than those for which he is entitled to use the same

he shall for every such offence be liable to a penalty not exceeding forty shillings without prejudice to the right of the Council to recover from him the value of the water misused.

48. I t shall not be lawful for the owner or occupier of any premises supplied with water by the Council or any consumer of the water of the Council or any other person to affix or cause or permit to be affixed any pipe or apparatus to a pipe belonging to or used by such owner occupier consumer or any other person or to make any alteration in any such communication or service pipe or in any apparatus connected therewith without the consent in every such case of the Council And if any person acts in any respect in contravention of the provisions of the present section he shall for every such offence be liable to a penalty not exceeding five pounds without prejudice to the right of the Council to recover damages from him in respect of any injury

done

done to their property and without prejudice to their right to recover from him the value of any water wasted misused or unduly consumed.

49. If any person not being supplied with water by the Council wrongfully takes or uses any water from any reservoir watercourse conduit or pipe belonging to the Council or from any pipe leading to or from any such reservoir watercourse conduit or pipe or from any cistern or other like place containing water belonging to the Council or supplied by them for the use of any consumer of the water of the Council he shall for every such offence be liable to a penalty not exceeding five pounds.

50. The surveyor or other person appointed for that purpose by the Council may between the hours of nine o'clock in the forenoon and four o'clock in the afternoon enter into any house or premises supplied with water by the Council in order to examine if there be any waste or misuse of such water and if such surveyor or other person at any such time be refused admittance into such dwelling- house or premises for the purpose aforesaid or be prevented from making such examination as aforesaid the Council may turn off the water supplied by them from such house or other premises.

51. If any person bathe in any stream reservoir aqueduct or

other waterworks belonging to the Council or wash throw or cause to enter therein any dog or other animal he shall for every such offence forfeit a sum not exceeding five pounds.

52. If any person throw or convey or cause or permit to be thrown or conveyed any rubbish dirt filth or other noisome thing into any such stream reservoir aqueduct or other waterworks as aforesaid or wash or cleanse therein any cloth wool leather or skin of any animal or any clothes or other thing he shall for each such offence forfeit a sum not exceeding ten pounds.

53. If any person cause the water of any sink sewer or drain steam-engine boiler or other filthy water belonging to him or under his control to run or be brought into any stream reservoir aqueduct or other waterworks belonging to the Council or shall do any other act whereby the water of the Council shall be fouled he shall for each such offence forfeit a sum not exceeding twenty pounds and a further sum of twenty shillings for each day (if more than one) that such offence continues.

54. Where any owner or occupier of any land within Water
District to be proclaimed as hereinbefore provided or any reservoir or

source of supply the Council does or permits to be done on his land any

act or permits to remain thereon any matter or thing which in the opinion of the Council is likely to injure the water supply if notice to discon­
tinue or remove the same be given to him in writing by the Council
and if he neglect or refuse to discontinue such act or to remove such matter or thing he shall for each such offence forfeit a sum not exceeding ten pounds and a further sum of forty shillings for each day (if more than one) that such offence continues.

55. Every person making or supplying gas within the limits of any Catchment Area or Water District who shall at any time cause or suffer to be brought or to flow into any stream reservoir aqueduct or waterworks belonging to the Council or into any drain communicating therewith any washing or other substance which shall be produced in making or supplying gas or who shall wilfully do any act connected with the making or supplying of gas whereby the water in any such stream reservoir aqueduct or other waterworks shall be fouled or the pipes or con­ duits thereof injured shall forfeit to the Council a sum not exceeding twenty pounds to be recovered with full costs of suit for each day during which such washing or other substance shall be brought or shall flow as aforesaid or during which the act shall continue by which such

water

water is fouled after the expiration in either case of twenty-four hours from the time when notice of the offence has been served on such person by the Council.

56. Whenever the water supplied by the Council shall he fouled by the gas of any person making or supplying gas within the district aforesaid such person shall forfeit to the Council for every such offence a sum not exceeding twenty pounds and a further sum not exceeding ten pounds for each day during which the offence shall con­ tinue after the expiration of twenty-four hours from the service of notice of such offence.

57. For the purpose of ascertaining whether the water of the Council he fouled by the gas of any person making or supplying gas within the said district the Council may dig up the ground and examine the pipes conduits and works of the persons making or sup­ plying gas Provided that before proceeding so to dig and examine the Council shall give twenty-four hours notice in writing to the per­ son so making or supplying gas of the time at which such digging and examining is intended to take place and shall give the like notice to the persons having the control or management of the pavements or place where such digging shall take place and shall be subject to the like obligation of reinstating the road and pavement and to the same penalties for delay or any nonfeasance or misfeasance therein as herein­ after provided with respect to roads and pavements broken up by the Council for laying their pipes and if upon such examination it appears that such water has been fouled by any gas belonging to such person the expenses of the digging examination and repairs of the street or place disturbed in any such examination shall be paid by the person making or supplying gas but if upon such examination it appears that the water has not been fouled by the gas of such person then the Council shall pay all the expenses of the examination and repair and also make good to the said person any injury which may be occasioned to his works by such examination.

58. The following provisions shall take effect for the purpose of protecting the water in the mains or other pipes of the Council from all impurities from closets and other receptacles of faecal matter or urine—

(I.) I t shall not be lawful for any person to connect with the main any pipe delivering the water directly into the closet- pan or other receptacle for faecal matter or urine without the intervention of a cistern or cisterns into which the water

pounds. from the main shall first be received and any person so offending shall forfeit and pay a penalty not exceeding fifty

(II.) The Council may employ any artificers or workmen to cut off or otherwise disconnect from the main any pipe directly discharging the water into a closet without the intervention of a cistern [hereinafter termed "directly connected" and which in the opinion of the Council may endanger the purity of the water by the absorption of noxious gases or suction of faecal matter or urine into such pipe or into the main or otherwise For the purpose of effecting such disconnection the Council's artificers and workmen may enter into and upon the premises of any person or corporation whatsoever to do or cause to be done anything in his opinion requisite or necessary in relation thereto.

(III.) Whenever the Council shall have caused any pipe to be cut off or disconnected or other work to be done in relation thereto they shall forthwith serve the owner or occupier of the premises with a notice in writing requiring him to pay the

2 E actual

actual cost or expense incurred And such owner or occupier shall pay the amount to the Council and if the amount be paid by an occupier only he may deduct the same from the rent then due or accruing Upon such owner or occupier making default in any such payment after the delivery of such notice as aforesaid the Council may sue for and recover the same with full costs of suit.

(IV.) The owner of every dwelling-house or premises which shall have therein or thereon any closet with a pipe or branch-pipe directly connected with the main shall be required to fix and erect a cistern or cisterns for the reception of the water intended to be used for the closet and every cistern shall be made of such materials and dimensions and of such model or plan of construction and with such ball-cocks stop-cocks waste-pipes and other appliances as shall be deemed requisite and have been approved by the Council for securing the water from pollution through any noxious gases or matter evolved or derived from such closets or otherwise Every owner neglecting to comply with the provisions of this sub-section shall forfeit and pay a penalty not exceeding five pounds.

(v.) Whenever any owner shall have neglected to fix and erect a cistern with its appliances as is in the last preceding section provided for the tenant or occupier of the premises is hereby authorized and required after receiving a written notice thereof from the Council in that behalf to fix and erect such cistern with its appliances before-mentioned within fourteen days after the receipt of such notice and the said tenant or occupier shall upon payment by him of the charges and expense of such fixing and erection be entitled either to deduct the amount so paid from the rent then due or accruing or at his option to sue for and recover the same with full costs of suit from the owner as for money paid to his use.
(VI.) Any person who shall without the authority of the Council re-establish any such connection which may have been cut off removed or severed by him or who shall in any manner wilfully injure or tamper with any connection-pipe cistern ball-cock stop-cock or waste-pipe which may have been approved by the Council so as to destroy diminish or endanger its efficiency may be summoned for such offence before two Justices and on conviction thereof shall be adjudged to pay the amount of the charges and expenses which the Council

incur) in repairing or restoring the same to a state of	may have incurred (and which he is hereby authorized to
efficiency Every such offender shall also forfeit and pay a penalty not exceeding ten pounds and the amount of charges and expenses and penalty respectively shall when recovered be paid over to the Council.

59. Where several houses or parts of houses in the separate occupation of several persons are supplied by one common pipe or where water is supplied to courts alleys and right-of-way by stand pipes the several owners or occupiers of such houses or parts of houses or of the several houses or parts of houses in every such court alley or right- of-way shall be liable to the payment of the same rates for the supply of water as they would have been liable to if each of such several houses or parts of houses had been supplied with water from the works of the Council by a separate pipe.

60. The rates and charges for water and all sums due to the
Council under this Part shall be paid by and be recoverable from the

owner of the premises or the occupier or person requiring receiving

or

or using the supply of water and all rates shall be paid in advance by

equal payments on the first day of January and the first day of July in each year and the first payment shall he made at the time when the owner or occupier of any tenement shall become liable to pay such rates and charges and all such rates and charges may be enforced and recovered in respect of any premises situate within one hundred and

fifty feet from the alignment of any street or public highway along

which a main water pipe belonging to the Council is laid although such
premises are not actually supplied with water from such main.

6l. I f any person refuse or neglect to pay on demand to the Council any rate charge or sum due to the Council under this Part the Council may recover the same with costs or the Mayor may issue his warrant in the form contained in the Third Schedule hereto to some constable or other person named therein to levy such rate charge or sum by distress and sale of the goods and chattels

of the person occupying the premises in respect of which such rate

charge or sum is due at the time when the warrant of distress is executed and in case no sufficient goods and chattels of such occupier
be found on the premises to satisfy such distress the owner of the

premises or if he be absent from the Colony his agent shall be liable for

such rate charge or sum and the same may be recovered from him.

G2. I f any tenant of any premises be called on to pay and pay
or be distrained for a greater amount of any rate charge or sum due

to the Council under this Part than is due for the period of his occupancy or pay any sum for laying down service pipes to such premises upon the refusal or neglect of the owner thereof to lay down such service pipes within one month of the last publication of the notice by the Council as hereinbefore mentioned requiring such owner to lay down such pipes such tenant may deduct any sum so paid or recovered from the rent from time to time becoming due to such owner in respect of such premises or after demand may recover the same from such owner.

PART I I I .

Special Provisions as to Sewerage.

G3. The Council shall as soon as conveniently may be cause to be made surveys of the area within the limits and for the purpose of any Sewerage District and a map or maps thereof on such scale or respective	scales and with such indications of levels and particulars of sewers
and underground works and of the surface as to them seem fit and may cause such map or maps or any part thereof to be from time to time copied engraven and published and shall from time to time cause such map or maps to be revised and such additions made thereto as may show the new sewers and drains and the new streets roads houses
or other alterations and the date of revision shall be expressed therein
and every such map shall be kept in the office of the Council and the same or a copy thereof shall be opened at reasonable times to the inspection of the owner or occupier of lands or houses within such
District.

64. Subject to the provisions of this Act the Council may exercise

any of the powers in this part contained for the construction of sewerage works for any Sewerage District and for the purposes of carrying out the provisions of this Act (that is to say):—

(1.) They may enter upon any lands and take levels of the same and set out such parts thereof as they shall think necessary

and

and dig break and trench the soil of such lands and remove or use all earth stone mines minerals trees or other things dug or obtained out of or from the same

(2.) They may enter upon take and hold such land as they may from

time to time deem necessary for the construction maintenance
repair or improvement of any authorized works

(3.) They may from time to time construct and maintain alter or remove such engines buildings and other sewerage works of what kind soever upon the lands authorized to be taken by them as they shall think proper for the sewerage of any such district

is made if he shall think fit to issue a warrant in the first instance for
the bringing such officer or servant before such two Justices as afore­ said but no person executing such warrant shall keep such officer or servant in custody longer than twenty four hours or such longer period as may be rendered necessary by the distance of the place of appre­ hension from the residence of the nearest or most convenient Justice without bringing him before some Justice and it shall be lawful
for the Justice before whom such officer may be brought either to

discharge such officer if he think there is no sufficient ground for his detention or to order such officer to be detained in custody so as to be brought before two Justices at a time and place to be named in such order unless such officer give bail to the satisfaction of such Justice

for his appearance before such Justices to answer the complaint of the
said President or person Provided nevertheless that no such proceeding against or dealing with any such officer or servant as aforesaid shall deprive the Council of any remedy which they might otherwise have against such officer or any surety of such officer.
132. One half of any penalty recovered under this Act or any
by-law thereunder shall be paid to the informer and where any distress

is made for any sum of money to be levied under this Act the distress itself shall not he unlawful nor the persons making the same be

deemed trespassers on account of any defect or want of form in the information summons conviction warrant of distress or other pro­ ceedings relating thereto nor shall the persons distraining be deemed trespassers on account of any irregularity that shall be afterwards done by the persons distraining but the persons aggrieved by such irregularities may recover satisfaction for the special damage in an action on the case.

133. The following provisions shall and may be applied in respect of all actions and proceedings taken in respect of claims for damages not within the meaning and operation of Part IV hereof

viz. :—

(i.) No action against the Council shall be maintainable in any Court other than the Supreme Court and no writ of execution shall be issued against the Council until the expiration of fourteen days after final judgment has been signed and no real estate now or hereafter to be vested in the Council shall be liable to be sold under any writ of execution or other process of any Court of law or equity,

(n.) No plaintiff shall recover in any such action unless notice in writing has been given to the defendant twenty-eight days before such action is commenced of such intended action signed by the attorney of the plaintiff specifying the cause of such action and the plaintiff shall not recover in any such action if tender of sufficient amends shall have been made to him or to his attorney by or on behalf of the defendant

before

before such action brought and in case no such tender be made it shall be lawful for the defendant in any such action by leave of the Court at any time before issue joined to pay into Court such sum of money as he thinks proper where­ upon such proceedings order and judgment shall be made and given by such Court as in other actions where the defendant is allowed to pay money into Court

(III.) No such action or suit shall be brought after three months from the act committed and the defendant in every such action or suit may at his election plead specially or the general issue and give this Act and the special matter in evidence at any trial and prove that the same was in pursuance and under the authority of this Act and if the same appear to have been so done or if such action or suit have been brought before the expiration of twenty-eight days next after such notice has been given as aforesaid or after sufficient satisfaction made or tendered as aforesaid or after the time limited for bringing the same or be brought in any other place than as aforesaid the jury shall find a verdict for the defendant and upon such verdict or if the plaintiff be nonsuited or discon­ tinue his action or suit after the defendant have appeared or upon any demurrer judgment be given against the plaintiff or plaintiffs the defendants shall recover full costs of suit and have such remedy for recovering the same as any other defendant has in other cases by law.

131. Where by this Act any question of compensation expenses charges or damages or other matter is required to be referred to the determination of any one or more Justices it shall be lawful for any

Justice upon the application of either party to summon the other party
to appear before one Justice or before two Justices as the case may require at a time and place to be named in such summons and upon the appearance of such parties or in the absence of any of them upon proof

of due service of the summons it shall be lawful for such one Justice or
such two Justices as the case may be to hear and determine such question and for that purpose to examine such parties or any of them and their witnesses on oath and the cost of every such inquiry shall be in the discretion of such Justices and they shall determine the amount thereof.

135. Every penalty forfeiture charge or sum of money imposed by or made payable under this Act or by any by-law made in pursuance

thereof the recovery of which is not otherwise provided for may be

visions of the Act or Acts in force for the time being regulating recovered by summary proceedings before two Justices under the pro­
summary proceedings before Justices And where any such penalty

forfeiture charge or sum be not paid either immediately after con­ viction or adjudication or within the time appointed thereby the same may be enforced by distress and sale of the offender's or defaulter's goods and chattels in the manner provided by the said Acts.
136. I f any party shall feel aggrieved by any determination or adjudication of any Justice or Justices with respect to any penalty or forfeiture under the provisions of this Act such party may appeal to the General or Quarter Sessions for the district or place in which the cause of appeal shall have arisen but no such appeal shall be entertained unless it be made within four months next after the making of such determination or adjudication nor unless ten days notice in writing of such appeal stating the nature and grounds thereof be given to the party against whom the appeal shall be brought nor unless the appellant forthwith after such notice enter into recognizances with two sufficient sureties before a Justice conditioned duly to prosecute such appeal and to abide the order of the Court thereon At the General or Quarter

Sessions

Sessions for which such notice shall he given the Court shall proceed

to hear and determine the appeal in a summary way or they may if they think fit adjourn it to the following Sessions and upon the hearing of such appeal the Court may if they think fit mitigate any penalty or forfeiture or they may confirm or quash the adjudication and order any money paid by the appellant or levied by distress upon his goods to be returned to him and also may order such further satisfaction to be made to the party injured as they may judge reasonable and they may make such order concerning the costs both of the adjudication and of the appeal as they may think reasonable.

137. I f through any act neglect or default on account whereof any person shall have incurred any penalty imposed by this Act any damage to any conduit main pipe sewer or other property of the Council used in connection therewith shall have been committed by such person he shall be liable to make good such damage as well as to pay such penalty and the amount of such damages shall in case of dispute be determined by the Justices by whom the party incurring such penalty shall have been convicted and on non-payment of such damages on demand the same shall be levied by distress and such
Justices or one of them shall issue their warrant accordingly.
138. I t shall be lawful for any officer or servant of the Council and all persons called by him to his assistance to seize and detain any person who shall have committed any offence against the provisions of this Act and whose name and residence shall be unknown to such

officer or servant and convey him with all convenient dispatch before

some Justice without any warrant or other authority than this Act and such Justice shall proceed with all convenient dispatch to the hearing and determining of the complaint against such offender.

139. Any notice required by this Act or any by-law or regula­ tion made thereunder to be served on or given to any owner or occupier of any building land or premises or on or to any person may he in writing or partly in writing and partly printed or may be wholly printed And it shall be sufficient for all purposes of this Act unless the said Act in any case prescribes a different course to be pursued if any such notice is sent by post to the owner by registered letter addressed to his last-known place of abode or of business or is served on the owner or occupier of such building land or premises or left with some inmate apparently over the age of fourteen years living at the place of abode of such owner or occupier or if there be no occupier if such notice be posted on some conspicuous part of such building or land And any notice required to be served or given in respect of any public	street road or lane may be served on or sent by post as aforesaid to the	Council Clerk of the borough or municipal district wherein such street
road or lane or the portion thereof affected by the notice is situated.
110. Nothing in this Act shall be construed to render lawful any act matter or thing whatsoever which but for this Act would be deemed to be a nuisance nor to exempt any Council oi person from any liability prosecution or punishment to which such Council or person would but for this Act have been subject.

SCHEDULES.

SCHEDULES.

FIRST S C H E D U L E .

N o . G u a r a n t e e d D e b e n t u r e £

I s s u e d by the Council of t he [insert name of Borough or Municipal District] unde r the

provisions of t he " Coun t ry Towns W a t e r and Sewerage Act of 1880."

T R A N S F E R A B L E B Y D E L I V E R Y .

T i n s D e b e n t u r e was issued by the abovenamed Council in pu r suance of the provisions

of t he abovement ioned Act and is to secure to t he bearer a pr incipal sum of

payable a t t he on the day of

I n t e r e s t at the ra te of five pounds per cen tum per a n n u m on such pr incipal sum

in t he meanwhi le is payable by equal half-yearly paymen t s on t he day of

and the	day of	and a coupon is annexed for each payment which
ent i t les the beare r of such coupon there to	Such pr inc ipa l sum and in te res t a re	payable

a t and arc guaran teed by t h e Consolidated Revenue in accordance with the

provisions of the abovenamed Act .

D a t e d this day of A.D.

A.B. [ M a y o r ] (L .S . )

K . L . Council Clerk.

S E C O N D S C H E D U L E .

Borough (or Munic ipa l Dis t r ic t ) of

Notice to lay Service Pipes.

N O T I C E to t he owners of t enemen t s and premises in s t ree t and the

pr ivate s t reets lanes cou i t s and alleys opening the reun to .

T H E main pipe in the said s t reet having been laid down the owners of all t enements and

premises s i tua ted as above arc hereby requi red on or before t he

day of nex t to cause a proper pipe and stop-cocks to be laid so as to supply

water from the main pipe to such t enemen t s and premises.

A . B .

I n spec to r (Surveyor or o the r Officer) for the said Borough or Dis t r ic t .

T H I R D	S C H E D U L E .
Warrant	of Distress.

N e w South W a l e s }

T o

to wit. constable a t

W H E R E A S of in N e w South W a l e s

has been ra ted a t the sum of per a n n u m for the wate r r a t e [or charged

or is l iable to pay the sum of due to the Council of as t he occupier [or owner ] of a cer ta in house or t enemen t s i tuate in

s t ree t in and now occupied by And whereas t he sum

of be ing due and payable on account of the said r a t e charge or sum

[as the case may be] on t he day of in t he yea r of our

Lord one thousand eight hundred and and was duly demanded by

the collector of ra tes for on the day of

in t he year of* the said who has no t yet paid the same These

are therefore to requi re and au thor ize you for thwith to levy the said sum of
toge the r with the costs of these presents by distress and sale of the goods found by you

in t he said bui ld ing or t e n e m e n t according to law and t h a t you certify to mo on the

day of wha t you shall do by v i r tue of this war ran t .

Given u n d e r my hand and seal this day of in the year of our

L o r d one thousand eight hundred and

( L . S . ) Mayor of the Council of

F O U R T H

F O U R T H S C H E D U L E .

Notice of claim and abstract.

To the Mayor of the Council of

I N pursuance of the "Country Towns Water and Sewerage Act of 1 8 8 0 " I (or we) hereby give you notice that I (or we) claim compensation in respect of the land here­ under described which has been resumed under the said Act The amount of such claim and other the particulars required by the said Act are stated in the subjoined abstract.

Abstract.

Names of persons

Names and Particulars of

Names of occupiers Dates and having the custody of

descriptions of Quit rents pay­ claim specifying

Situation distinguishing other short documents and place

parties claiming and able if leasehold separately the

and whether tenants-at- particulars or places where the

nature of their name of landlord amount claimed

description will or under lease of docu­ same may be in­

interests whether term of lease and for value of

of property. rent reserved ments of spected and name of

tenants for life in rent reserved. property and for

terms &c. title. claimants* solicitors

tail or otherwise. compensation. or agent.

(Signature)
(Address)

(Date)

F I F T H	S C H E D U L E .
Notice	of Valuation.

To A . B . claimant in respect of the land hereunder described resumed under the

"Country Towns Water and Sewerage Act of 1880."

T A K E notice that the land hereunder described being that in respect of the resumption whereof under the authority of the aforesaid Act your claim for compensation has been lodged has been valued at the sum of £

A. B.

Mayor &c.

Description of Land in respect of which claim has been made.

A L L that piece or parcel of land &c. &c. &c.