2 Geo. IV. c. 45.

This Act not to affect the Pro. perty of the

Dock Company

or the Public Streets, &c.

lighted by them, without previous Consent.

This Act not to

of Commis

sioners, Assessors, &c. in Hull and Sculcoates.

and branches shall be altered or removed, and taken away, and of such their desire shall give notice in writing under their hands to the said company, then and in every such case the said company shall, at the costs and charges of the parties requiring the same, within fourteen days after receipt of such notice, alter or remove and take away, or cause to be altered, or removed and taken away, all or any such pipes, cocks and branches, as shall have been so introduced and laid therein or thereupon, from any such main or pipe of the said company as aforesaid; and in default thereof, it shall and may be lawful to and for such owner and occupier, or any other person or persons acting under their authority, to cause such pipes, cocks and branches to be altered or removed, and taken away, as the case may require provided always, That if by the altering, or removing and taking away of any such pipes, cocks or branches, as last mentioned, any damage, loss or injury shall be done, accrue, or be sustained to or by the said company, either by losing the lighting of any public or private lamp or lamps, or otherwise, then and in every such case such damage, loss or injury shall be made good and paid to the said company, by the owner and occupier requiring such pipes, cocks or branches, to be so altered or removed, and taken away as aforesaid.

LV. Provided always, nevertherless, and be it further enacted, That nothing in this act contained shall extend, or be construed to extend, to authorize or empower the said gas light company, their servants, agents, workmen or others, to enter into or upon any of the streets, squares, courts, yards, passages, lanes and other places, or into or upon any lands or grounds within the said town of Kingston-upon-Hull, the said lordship of Myton and liberty of Trippett, and the said parish of Sculcoates, or any or either of them, which are the soil and freehold of the said dock company, to break up the soil and pavement of the said streets, squares, courts, yards, passages, lanes, places, lands and grounds, or to dig and sink trenches and drains, or to lay mains or pipes, or put stop-cocks, syphons, plugs or branches, from such pipes, in, under, across and along such last-mentioned roads, places and grounds, or any of them, or for carrying the purposes of this act into execution, therein or thereupon, without the authority in writing of the said dock company, under their common seal, for that purpose first had and obtained, any thing herein contained to the contrary thereof, in any wise notwithstanding,

LVI. Provided always, and be it further enacted, That nothing in this affect the Powers act contained shall extend, or be construed to extend, to defeat, abridge, alter, lessen, obstruct, or in any manner interfere with the powers and authorities of the commissioners or assessors for lighting, paving, draining, cleansing, and otherwise improving the said town, lordship, liberty and parish, or any or either of them, or the rights and powers of any person or persons lawfully authorized to make, enlarge, widen, deepen, repair, cleanse, scour or amend, any vault, drain or sewer, within the said town, lordship, liberty and parish respectively.

Workmen in laying Pipes, to make good the Pavement.

LVII. Provided always, and be it further enacted, That the workmen employed in laying or repairing any such mains, pipes, plugs, cocks, syphons or branches, shall do as little damage as may be, and shall forthwith fill in the trenches and make good the pavement and roads, and carry away the rubbish occasioned thereby; and if after such pavements or roads shall have been so repaired and made good, the same shall within six months thereafter give way or require relaying or repairing, in consequence of such pavements or roads having been broken up for the purpose of carrying this act into execution, the same shall forthwith be done and performed by and at the expence of the said company: and the said company shall and they are hereby required to repair any damage arising from any drains, sewers or cuts which may be made for carrying off the washings or waste liquids without any delay; and shall in the mean time fence or guard and affix lights during the night at or near the place or places where any ground shall be opened, in such manner as to prevent accidents to passengers, cattle and carriages and by and according to the directions and provision's contained in all or any of the acts of parliament now in force for paving, lighting and improving the said town, lordship, liberty and parish, or for preventing nuisances therein: provided also, That if there shall be any wilful or negligent delay in the said company of proprietors,

or any of their agents or servants, or any other person or persons, acting by or under their authority, in filling in any such ground, or removing rubbish, or making good any such pavements or roads; or in case the same shall be imperfectly repaired; or in case the ground so opened shall not be fenced or guarded and lighted, then and in every such case, it shall be lawful for the person or persons, or body or bodies politic or corporate, in whom the right of soil of such pavements or roads shall be, or to and for the commissioners for paving or otherwise improving the said town, lordship, liberty and parish, or his or their surveyor or surveyors, or any other person or persons acting by or under their authority, or the surveyors of the highways within the said town, lordship, liberty and parish for the time being, to fill in such ground and remove such rubbish, and to repair and make good the pavement of any street, square, market-place, court, yard, highway, road, way, lane, passage or other place so broken up, and the reasonable costs and charges thereof shall be paid by the said company or their treasurer or treasurers; and in default of payment thereof for thirty days next after the amount thereof shall have been agreed on or ascertained, as herein provided, and demand made for the payment thereof (proof of such demand being made by the oath of one or more credible witness or witnesses before one or more justice or justices of the peace for the town and county of the town of Kingston-upon-Hull, or for the East Riding of the county of York, or other justice or justices having jurisdiction, as the case may require,) a further sum not exceeding five pounds by way of penalty, shall and may be charged upon the said company, and recovered in the same manner as such costs and charges are hereinafter authorized and directed to be recovered.

LVIII. And be it further enacted, That nothing herein contained shall extend or be construed to extend to authorize and empower the said company or any other person or persons acting under their authority, in any way whatsoever, to interfere with or abridge the rights or privileges of any person or persons, bodies politic or corporate, having any right, privilege or power to supply the inhabitants of the said town, lordship, liberty and parish, any or either of them respectively with water; and the said company shall be and they are hereby made answerable for any damage, spoil, injury or mischief which shall be done to any of the pipes, works or property of such person or persons, bodies corporate or politic, or the pipes or branches of any person or persons communicating with such pipes, works. or property, or which shall or may be sustained by them, or any or either of them, by reason or in consequence of any act, matter or thing, to be done or executed by the said company, or any of their agents, servants or workmen ; and the said company shall and they are hereby required to pay the amount of such damage, spoil, injury or mischief, on demand: provided nevertheless, That nothing herein contained shall extend or be construed to extend to enlarge or diminish any of the rights or privileges which any person or persons, or bodies corporate or politic, may have or enjoy for supplying the inhabitants of the said town of Kingston-upon-Hull, lordship of Myton, liberty of Trippett, and parish of Sculcoates, or any or either of them with water.

LIX. And be it further enacted, That when and as often as the said company, or their servants, agents or workmen, shall dig or sink any trench or trenches, for laying any pipe or pipes for the conveyance of gas or other apparatus, or shall open any ground for the purposes of this act, in, upon or near to which any water pipe or pipes belonging to the proprietors for the time being of the Kingston-upon-Hull water works, for conveying water into, through or about the said town, lordship, liberty and parish, any or either of them respectively, or any branch or service pipe or pipes, for the supply of any dwelling-house or building shall be laid, the said company, their servants, agents or workmen, shall, and they are hereby required to give twenty-four hours previous notice thereof in writing to the manager or chief clerk or engineer for the time being of the proprietors of the Kingston-upon-Hull water works, to be left at the dwelling-house or office of the said manager or chief clerk or engineer; and on every such occasion the said company, their servants, agents and workmen, shall under the inspection of the manager or chief clerk or engineer for the time being

2 Geo. IV. c. 45.

Liberty to proceed without direction of the Proprietors of the Water Works, after Notice.

Gas Pipes to be laid Four Feet from the Water Pipes, and in a particular man

per.

of the said water works, protect and secure such water pipe or pipes from any injury or damage, and shall also repair and make good any damage that shall or may be done to any such pipe or pipes, on any such occasion; and in default of repairing and making good any such damage, the said company shall for each and every such default forfeit and pay to the manager or chief clerk for the time being of the Kingston-upon-Hull water works, for the use of the proprietors thereof, any sum not exceeding five pounds, and also the costs and expences which shall have been incurred by the said proprietors for the time being, in and about the protecting and securing of any such water pipe or pipes, or in and about the repairing or making good any injury or damage that may have been done thereto by the means aforesaid; such costs and expences to be ascertained by any justice of the peace for the said town and county of the town of Kingstonupon-Hull, or for the East Riding of the county of York, or other justice or justices having jurisdiction, as the case may require, and to be recovered in the same manner as any expences or penalty under this act may be recovered.

LX. Provided always, and be it further enacted, That in case the proprietors for the time being of the Kingston-upon-Hull water works, or their manager, chief clerk or engineer for the time being, shall, at the expiration of the notice hereinbefore directed to be given to them or him as aforesaid, neglect or refuse to inspect the digging or sinking of any trench or trenches for laying any pipe or pipes therein, or the opening of any ground for the purposes of this act, as herein before authorized, to be executed and performed under their inspection as aforesaid, then the said company, or their committee of management for the time being, are hereby fully authorized to do and perform the works specified in such notice, without the inspection of the said proprietors, or other persons so acting as aforesaid, or their manager, chief clerk or engineer for the time being: provided also, That the regulations herein before contained, shall not extend or be construed to prevent the said company, or their said committee of management, from doing all such repairs and renewals as shall from time to time be requisite and necessary to be done in or about any of their works, which shall have been originally executed under the inspection or with the consent of the said proprietors, or such other person or persons acting as aforesaid.

LXI. And be it further enacted, That all and every the pipes or other conduits hereafter to be laid or used for the conveyance of gas, in, under, through, along, across or round any street, square, market-place, court, yard, highway, road, way, lane, passage, or other place in the town, lordship, liberty and parish aforesaid, any or either of them, shall be laid at the greatest practicable distance (and wherever the width of the carriageway in such street, court, way or place will allow thereof, at the distance of four feet at least) from the nearest part of any water pipe already laid down, or hereafter to be laid down, by or by the order of the proprietors for the time being of the Kingston-upon-Hull water works, for the con veyance of water in, under, through, along, across or round any of the said streets, squares, market-places, courts, yards, highways, roads, ways, lanes, passages, or other places in the town, lordship, liberty, and parish aforesaid, except in cases where it shall be unavoidably necessary to lay the gas pipes across any of the said water pipes, in which cases the said gas pipes shall, wherever practicable, be laid over and above the said water pipes at the greatest practicable distance therefrom, and shall form therewith a right angle as near as the situation will admit, and in such cases, the said gas pipes so crossing the said water pipes, shall be at least nine feet in length, so that no joint of any of the said gas pipes shall be nearer to any of the said water pipes than four feet at least, where the width of the street, square, market-place, court, yard, highway, road, way, lane, passage or other place will admit, and that such gas pipes so crossing the said water pipes, shall for the whole length thereof, be sufficiently bedded in with good sound clay, of a proper consistence, and well worked and rammed into the trenches all round the said gas pipes, and that in laying down the said gas pipes, the said company shall in no case join two or more gas pipes together previous to their being laid in the trench, but shall lay each pipe as near as may be in its place in the trench, and shall in such trench pro

perly form the jointing with the other pipes to be added thereto, with proper and sufficient materials, and also wherever practicable lay and well and sufficiently bed each and every of the joints of the said main gas pipes, and also the joints or screws of the branch or service gas pipes connecting with the main gas pipes, and also the joints of the service or branch pipes for conveying the gas from the main gas pipes to the houses and other buildings, and all other joints, inlets, apertures or openings, which are or shall or may be made in any of the said gas pipes, with such clay as aforesaid, all round the said several and respective joints, inlets, apertures or openings, and for twelve inches in length each way, from the centre of each and every of the caps or joints in the main pipes, and of the inlets, apertures, screws or joints connecting the service pipes with the main pipes, and all other joints, inlets, apertures or openings therein, and for six inches at least, from the centre of each of the joints in the service pipes, so as to make and keep all and every such pipes, and the screws, joints, inlets, apertures or openings therein respectively, air-tight, and to prevent the said gas from escaping therefrom.

LXII. And be it further enacted, That whenever the said gas shall be found to escape from any of the said company's pipes to be laid as aforesaid, so as to contaminate or affect the water supplied by the Kingston-uponHull water works, to the town, lordship, liberty and parish aforesaid, any or either of them, the said company shall immediately, on notice thereof, to be left at the office or usual place of transacting the business of the said company, by the manager or chief clerk or engineer for the time being of the proprietors of the Kingston-upon-Hull water works, or by any inhabitant of that part of the said town, lordship, liberty or parish, any or either of them, where the water so supplied shall be contaminated or affected as aforesaid, cause the most proper and speedy measures to be taken to stop and prevent such gas from escaping; and in case the said company shall not within twenty-four hours next after each and every such notice, so left as aforesaid, of any such escape of gas, effectually stop or prevent the same from further escaping, and wholly and satisfactorily remove the cause of every such complaint, then and in every such case the said company shall, on each and every complaint of the said water being tainted, contaminated or affected by such gas as aforesaid, forfeit and pay on demand to the manager or chief clerk or engineer for the time being, of the proprietors for the time being of the Kingston-upon-Hull water works, for the use and benefit of the same proprietors, the sum of forty shillings, for each and every day that the said water shall in each and every instance be and rémain so contaminated, tainted or affected by a continued escape of such gas as aforesaid; and in default of payment thereof as aforesaid, such penalty or penalties shall and may be recovered by information on the oath or affirmation of one credible witness, to be exhibited by and in the name of the manager or chief clerk or engineer, or other officer or servant, for the time being, of the proprietors, for the time being, of the Kingston-upon-Hull water works, or by such inhabitant as aforesaid, against the said company, before any justice of the peace of the said town and county or riding, or other justice or justices having jurisdiction, as the case may require, with costs, to be ascertained by such justice, and to be levied by distress and sale of the goods and chattels of the said company, together with the charges of such distress and sale, by warrant under the hand and seal of such justice, which warrant such justice is hereby empowered to grant; and such penalty or penalties and costs, when so levied, shall be paid to the manager or chief clerk or engineer for the time being, of the proprietors for the time being, of the Kingston-upon-Hull water works, for the use of the said proprietors provided nevertheless, That if it shall appear to the justice, before whom such complaint shall be exhibited, that the said company shall bave used all due diligence within the twenty-four hours after such notice shall have been so left as aforesaid, and shall thenceforth continue to use all such due diligence, until the said complaint shall be effectually removed, then and in every such case the said company shall not be subject or liable to the afore-mentioned penalty.

2 Geo. IV.

c. 45.

Company to prevent Gas Water Company escaping, &c or to have certain Powers.

LXIII. And be it further enacted, That whenever any gas shall be found For stopping the to escape from any of the pipes which shall be laid down or set up by the Escape of Gas.

2 Geo. IV. c. 45.

Company to raise, sink or alter

Pipes, &c. upon Notice, or may take samne away.

said company in pursuance of this act, the said company shall at their own expence immediately after receiving notice by parole or in writing, of any such escape of gas, from any person or persons whomsoever, cause the most speedy and effectual measures to be taken to stop and prevent such gas from further escaping; and in case the said company shall not within twentyfour hours next after such notice by parole or in writing being given of any such escape of gas, effectually stop and prevent the gas from further escaping and wholly and satisfactorily remove the cause of complaint, then and in every such case the said company shall for every such offence, for. feit and pay the sum of five pounds for each and every day after the ex piration of twenty-four hours from the time of giving any such notice during which the gas shall be suffered to escape as aforesaid, which penalty shall from time to time be recoverable, in a summary way, on the oath or affirmation of one or more credible witness or witnesses, by information to be laid and exhibited by such person or persons signing such notice as aforesaid, before some one or more justice or justices of the peace for the said town and county or riding, or other justice or justices having jurisdiction, as the case may require, and shall and may be recovered with all reasonable charges by distress and sale of the goods and chattels of the said company, by the warrant of any such justice or justices of the peace as aforesaid, to be granted in like manner and subject to the like provisions as are herein directed, touching other penalties to be recovered from the said company; and the same shall, when recovered, be paid one half to the person or persons so giving such notice as aforesaid, and the other half to the guardians or overseers of the poor of the parish in which the escape of such gas shall take place.

LXIV. And be it further enacted, That if for the purposes of more effectually lighting, cleansing, draining, paving or otherwise improving the said town, lordship, liberty and parish, any or either of them, or preventing nuisances therein, it shall at any time or times be deemed necessary or expedient by the said mayor and burgesses or dock company, or any commissioners or other persons acting under the authority of any act of parliament, or any person or persons having the right of soil of such pavements, roads or ways, or the surveyors of the highways in the said town, lordship, liberty or parish respectively, to require the said company to move, raise, sink or alter the situation of any of the mains, pipes, stop cocks, plugs, syphons or branches which shall be laid down for the purposes aforesaid, the said company shall, within seven days next after being required so to do, by notice in writing to them given by the person or persons aforesaid, having the right to give the same, or their clerk or other officer or manager thereunto authorized, commence moving, raising, sinking, or altering such mains, pipes, stop cocks, plugs, syphons or branches according to such notice, in such manner and in such place or places as the said mayor and burgesses, or dock company, or such commissioners, surveyors, or other person or persons authorized as aforesaid, shall think right and proper, and with all possible dispatch complete the same; or at the option of the said company, they shall and may remove and take away such mains, pipes, stop cocks, plugs, syphons or branches, and all or any of the lamp posts, lamp irons, and other materials and things belonging to the said company, connected or communicating therewith, the costs and charges of which said moving, raising, sinking, altering and removing, as well as of filling up the trenches, and making good the roads and pavements which shall have been opened, excavated or dug up for any of the purposes aforesaid, shall be paid and borne by such party or parties, as one or more justice or justices of the peace of the said town and county or riding, or other justice or justices having jurisdiction, as the case may require, shall adjudge and determine to bear and pay the same; and which said justice or justices is and are hereby authorized and directed to decide and determine within seven days after application shall be made to him or them by either party; and in case the said company shall neglect or refuse to conform to such notices, or to remove and take away such mains, pipes, stop cocks, plugs, syphons or branches, and to fill up the trenches, and make good the roads and pavements which shall have been opened, excavated or dug up for any of the purposes aforesaid, then and in either of such cases, the said company shall after conviction thereof, before any one or more justice or