“The Water Works Clauses Act 1847” (10 & 11 Vic. c. 17).
“The Electric Lighting Act 1882” (45 & 46 Vic. c. 56).
but with regard to the powers of the Government to lay telegraph and telephone wires, &c., the clauses are different, and are contained in,
“The Telegraphs Act 1863” (26 & 27 Vic. c. 112).
As the clauses on this subject of “the Water Works Clauses Act” are those which are incorporated with the Public Health Act 1875, I shall select the sections from that Act, the first of importance being as follows:
“The undertakers, under such superintendence as is hereinafter specified, may open and break up the soil and pavement of the several streets and bridges within the limits of the special Act, and may open and break up any sewers, drains, or tunnels, within or under such streets or 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 undertakers shall from time to time deem necessary for supplying water[125] to the inhabitants of the district included within the said limits; doing as little damage as can be[126] in the execution of the powers hereby or by the special Act granted, and making compensation for any damage which may be done in the execution of such powers” (10 & 11 Vic. c. 17 s. 28).
The next clause deals only with the powers of laying pipes, &c., in private property, and here it will be well to remark that if the water undertaking is in the hands of the urban authority they have much more power of entry for these purposes than companies possess (Vide ss. 16, 18, 32, and 54, 38 & 39 Vic. c. 55), but this is a matter which does not affect the questions dealt with in this chapter.
The next clause is upon the subject of giving the necessary notices, and is as follows:
“Before the undertakers[127] open or break up any street, bridge, sewer, drain, or tunnel, they shall give to the persons under whose control or management the same may be, or to their clerk, surveyor, or other officer, notice in writing of their intention to open or break up the same, not less than three clear days before beginning such work, except in cases of emergency arising from defects in any of the pipes or other works, and then so soon as is possible after the beginning of the work or the necessity for the same shall have arisen” (10 & 11 Vic. c. 17, s. 30).
The next clause is of great importance, as it gives the surveyor the necessary powers to dictate the manner in which the interference with his streets is to be conducted.