No. 289. of inspector drainage com communicating with the sewers already made or to be made by 29 VICTORIA, virtue of this Part of this Act in order to inspect or examine if there be any communication with any other drain or sewer into any other building or premises; and if such engineer surveyor or other person On obstruction be at such time refused admittance into any such dwelling-house building or other premises for the purpose of making such inspec- munication may tion and examination as aforesaid or on being admitted be obstructed or prevented from making such inspection and examination as aforesaid, the board may cut off the drain or sewer supplied by the board from such house building or other premises. be cut off. chase or lease 175. The board may purchase by agreement or take on lease Board may purfor such term as it thinks fit any land which may be necessary for lands for sewthe formation or protection of any works which it is authorised to crage purposes. execute under this Part of this Act and any offices and other buildings yards stations or places for deposit of refuse materials and things or any land for the erection and formation of such offices and other buildings yards stations or places for deposit; and may contract for the purchase removal or abatement of any mill dam pound weir bank wall lock or other obstruction to the flow of water whereby sewerage or drainage is obstructed or impeded and for the purchase of any land or any right or easement in or over any land which it may be necessary or expedient to purchase to prevent the obstruction of sewerage or drainage within the said city; and may also purchase by agreement or take on lease as aforesaid the whole or any part of any streams or springs of water or any rights therein which it shall appear to the board necessary to acquire and use for the purposes of cleansing sewers and drains and the other purposes of this Part of this Act or any land which it shall be deemed advisable for the board to purchase or take on lease for the purpose of drawing or obtaining water from springs or by sinking of wells and for making and providing reservoirs tanks aqueducts watercourses and other works or for any other purpose connected with the works for obtaining such supply of water as aforesaid. plus lands. 176. The board may sell and dispose of any lands or other pro- Sale and conperty vested in it by virtue of this Part of this Act or acquired by it veyance of surunder the powers herein contained or any part thereof which it shall 11 & 12 Vict. appear to the board may be properly sold and disposed of as afore- c. 112 s. 68. said; and for completing and carrying any such sale of lands into effect the board may well and effectually convey the lands sold and disposed of as aforesaid unto the purchaser or as he shall direct; and such conveyance shall be under the common seal of the board; and a receipt under the hand of the proper officer of the board shall be a sufficient discharge to the purchaser of any such lands for the purchase money in such receipt expressed to be received, and shall exonerate such purchaser from all liability to see to the application thereof. council not affected. 177. Nothing in this Part of this Act shall be taken to revoke Power of city or alter any power or authority conferred by any law now in force on the council of the city of Melbourne. offender may be arrested. 178. Any officer of the board with such assistance as may be Transient necessary may seize and detain any person guilty of any offence against this Part of this Act and unknown to such officer, and may VOL. III. 2 D 29 VICTORIA, Without any other warrant or authority than this Act convey such person before a justice. No. 289. Penalty for neglect of proper fencing where 179. If the board refuse or neglect to make or set up and continue sufficient fences and protections in any street in which the street is broken. ground has been opened or broken up by the board or to keep and continue any such street as free from all obstructions and annoyances and for as short a time as is practicable, the board on conviction before justices shall forfeit a sum not exceeding five pounds. And if any other person make such refusal or neglect, the board may do the acts or remove the obstruction or annoyance which such person refuses or neglects to do or to remove; and may recover from such person in a summary way before justices both the costs and charges thereof if the same remain unpaid for twenty days after demand thereof by the board or some person acting under its authority and also any sum by way of penalty not exceeding five pounds. Penalty for delay in executing drainage works. Penalty for making connecting drain without notice. Penalty for neglect to repair or drain. 180. If the making altering enlarging or repairing any drain or sewer or any cross-drain be not completed with all possible expedition, or if any part of any pavement or footway in any street where taken up by the board or by any other person in pursuance of this Part of this Act remain taken up longer than seven clear days exclusive of Sundays, the board or the person offending herein shall for each day beyond such seven days forfeit a sum not exceeding forty shillings. 181. If any person make or branch any private sewer or drain into any sewer or drain made or enlarged by or vested in the board or into any drain or sewer communicating therewith without the notice required by this Part of this Act, the person so offending shall for each such offence forfeit a sum not exceeding five pounds. 182. If any person permitted to branch any sewer or drain into cleanse private any sewer or drain vested in the board neglect to repair or cleanse any such first mentioned sewer or drain according to the directions of the officer appointed by the board in that behalf, he shall forfeit for each such offence a sum not exceeding five pounds. Penalty for notice to or ap 183. If any house privy or cesspool be built rebuilt or conbuilding without structed in Melbourne or its suburbs without the notice or without proval by board. the approval required by this Part of this Act, the person offending herein shall forfeit a sum not exceeding twenty pounds. Penalty for Interrupting the board and injuring works. Penalty for giving use of drain without permission. 184. If any person wilfully or maliciously hinder or interrupt or cause or procure to be hindered or interrupted the board or any officer or person acting under its authority in doing any work or in the exercise of any power in this Part of this Act contained, or wilfully or maliciously break throw down injure damage or destroy any sewer or drain works matter or thing belonging to the board made and provided in pursuance of such Part or for the purpose of the execution of the powers therein contained, every person so offending shall for every such offence forfeit a sum not exceeding ten pounds. 185. If any person supplied with a drain in pursuance of this Part of this Act or having any drain or sewer which may communicate with the sewers of the board wilfully permit any other person No. 289. not having the authority or consent of the board to use any such 29 VICTORIA, drain or any branch into the same, every person so offending shall forfeit for every such offence any sum not exceeding five pounds over and above the full amount of the damage sustained by the board by the acts or means in respect of which such penalty shall be incurred; and the board shall be at liberty to cut off the drain of every person so offending from the main sewer. Distress not un of form. 186. One half of any penalty recovered under this Part of this Appropriation Act shall be paid to the informer; and where any distress is made of penalties. for any sum of money to be levied by this Part, the distress itself lawful for want shall not be unlawful nor the persons making the same be deemed trespassers on account of any defect or want of form in the information summons convictions warrant of distress or other proceedings 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 person aggrieved by such irregularities may recover satisfaction for the special damage in an action. on the case. action. 187. No plaintiff shall recover in any action against any person Plaintiff must for anything done in pursuance of this Part of this Act unless notice give notice of in writing have 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 such action brought; and in case no Amends may be 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, whereupon 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. tendered or money paid into court. actions under bourne. such action. 188. No action or suit shall be brought against any person for Limitation of anything done in pursuance of this Part of this Act or in relation to this Part. the matters herein contained after three months from the act committed; and every such action or suit shall be brought and tried in Action to be tried the said city and not elsewhere; and the defendant in every such only in Melaction or suit may at his election plead specially or the general issue Pleadings in and give this Act and the special matter in evidence at any trial and prove that the same was done 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 twentyeight 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 discontinue his action or suit after the defendant have appeared or upon any demurrer judgment be given against the plaintiff or plaintiffs, the defendant shall recover full costs of suit and have such remedy for recovering the same as any other defendant has in other cases by law. 29 VICTORIA, No. 289. Water supply to long and their suburbs for do mestic purposes. PART V.-WATER SUPPLY.(a) 189. This Part of this Act shall apply to works now or hereafter constructed for the supply of water to all the inhabitants of the city of Melbourne and the suburbs thereof. And whereas in the preamble of "The Water Works Debenture Act 1855" it was amongst other things recited that "a sum is also required to supply the town of Geelong and its suburbs with water" and in the 11th section of the said Act it was provided that all sums received by the Colonial Treasurer as the proceeds of sale of the said debentures should be carried by him to the credit of the general revenue of the colony and should be paid by the said Colonial Treasurer under the warrant of the Governor towards the repayment of such moneys as might have been or should be advanced to the commissioners appointed by an Act passed in the sixteenth year of the reign of Her present Majesty intituled "An Act to establish a Board of Commissioners for the better sewerage and drainage of the city of Melbourne and for supplying water thereto and to the suburbs thereof" for the purpose of supplying water to the city of Melbourne and suburbs thereof and also for the purpose of supplying water to the town of Geelong And whereas the money raised by the said " Water Works Debenture Act 1855" has been found insufficient to supply Geelong with water: And whereas it is desirable that a supply of water should be provided for the town of Geelong and the suburbs thereof, this part of this Act shall apply also to works that may hereafter be constructed for the supply of water to all the inhabitants of the town of Geelong and the suburbs thereof; and such supply to the city of Melbourne and town of Geelong respectively shall be taken and is hereby declared to be (except as is hereinafter otherwise provided) for domestic purposes only. And all land reserved for the purposes vested in board. of such water supply and the inheritance thereof in fee and all reservoirs tramways mains and other works buildings plant and machinery thereon and all mains standpipes branches and all other works and all personal property whatever connected therewith on any other lands, except services laid at the actual cost of any owner or occupier, shall be vested in the board for the purposes of this Part of this Act. 190. For the purposes of this Part of this Act the board subject to the provisions and restrictions herein contained may exercise any of the following powers (that is to say) : Property of waterworks Powers of board in construction of waterworks. It may enter upon any lands and take the levels of the same and set out such parts thereof as it thinks necessary and dig and break up the soil of such lands and trench the same and remove or use all earth stones trees or other things dug or gotten out of the same. It may enter upon take and hold such land as it shall from time to time consider necessary for the construction or the improvement of the works under this Part of this Act or for securing or improving the water to be supplied or the quality or purity thereof. (a) The 7th Part of this Act, so far as the same is applicable to the Board of Land and Works and the purchase and taking of land for the purposes of this Part, is repealed by 33 Viet. No. 344 s. 1, "Lands Compensation," ante, p. 1327. No. 289. It may from time to time sink such wells or shafts and make 29 VICTORIA, It may from time to time divert and impound the water from It may enter upon any lands public or private streets or roads be made for damage. 191. In the exercise of any powers given to it by this Part of Compensation to this Act the board shall do as little damage as can 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 such as shall be taken away or interrupted by it, and shall make full compensation to all parties interested for all damage sustained by them through the exercise of such powers and for the use of any land in which any pipes are laid; the said board shall also be liable to make full compensation to all parties interested for all damage sustained by them for which the late Commissioners of Sewers and Water Supply were liable at the time of the passing of the Act No. 59. Provided nevertheless that the said board shall not be liable to make Board not liable compensation in respect of any damage heretofore or hereafter sus-water or for tained for or in respect of the taking or the diverting water either claims later than permanently or temporarily or occasionally from any river stream or settlement of watercourse, nor unless a claim in writing shall have been made in disputes as to respect of such compensation before the first day of January in the (so much of this year of our Lord One thousand eight hundred and sixty-five; and such compensation if the board cannot agree with the owner shall be settled as in cases of disputed compensation under the [seventh Part of this Act.] for diversion of 1864. compensation. section as refers Part VII. of this 33 Vict. No. 344 to or incorporates Act is repealed by s. 1," Lands Compensation," ante, p. 1327. tramway. 192. The board by direction of the Governor in Council may Board may lease lease for such term at such rent and upon such conditions as the standpipes and Governor in Council may approve any standpipe, and may by the like direction lease for any period not exceeding fourteen years the tramway from Melbourne to the Yan Yean reservoir. Provided that in any such lease of the tramway due provision be made to prevent injury to the mains and works connected therewith; and that the Provision of such board reserve the free use of the said way at all times for the purposes of the works and the power to make all necessary crossings of streets for the purpose of connecting land on either side of the tramway. lease. or sell waterworks. 193. The board by direction of the Governor in Council may Board may lease sell and convey or may demise and lease any waterworks vested in the board with the lands buildings and appurtenances belonging |