The clauses following those I have quoted are “penalty clauses” for non-compliance with the provisions of the Act, and need not be here given, but there is one more clause of the Water Works Clauses Act 1847, dealing with the powers of private individuals to break up streets for the purpose of laying service pipes, which it is necessary to give in extenso.
On the question of similar powers to private individuals to break up streets for drains, &c., I shall speak later on in this chapter:
“Any such owner or occupier may open or break up so much of the pavement of any street as shall be between the pipe of the undertakers and his house, building or premises, and 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 undertakers are subject to by virtue of this or the special Act” (10 & 11 Vic. c. 17, s. 52).
It would also seem that the consent of the urban authority must be obtained (as well as notice given to them) before a street is broken up (38 & 39 Vic. c. 55, s. 149).
Very often, however, the companies prefer to execute all this work themselves, as they do not like anyone else to interfere with their mains or put in services which may be unfitted for the purpose; consequently they give the necessary notices, execute the work themselves, and charge the owner or occupier with the expense.
The powers under which streets are broken up for telegraphic or telephonic purposes are, as I have previously stated, contained in the “Telegraphs Act 1863,” the following being the clauses which refer to this subject:
“The company shall not place a telegraph under any street within the limits of the district over which the authority of the Metropolitan Board of Works extends, or of any city or municipal borough or town corporate, or of any town having a population of thirty thousand inhabitants or upwards (according to the latest census), except with the consent of the bodies having the control of the streets within such respective limits” (26 & 27 Vic. c. 112, s. 9).
“Where the company has obtained consent to the placing, or by virtue of the powers of the company under this Act intends to proceed with the placing of a telegraph under a street or public road, the depth, course and position at and in which the same is to be placed shall be settled between the company and the following bodies:
“The body having the control of the street or public road.
“The body having the control of the sewerage or drainage thereunder.