the maps.

time when it was so corrected, shall be deposited, certified by inspection of their secretary or clerk by writing under his hand to be a true copy thereof, with the respective clerks of the peace for the counties in which such mains lie, and who are hereby required to receive and keep in safe custody the same; and such maps so deposited shall at all reasonable times be open to the inspection of all local authorities and consumers, and their respective agents, and they respectively may take copies of or extracts from the same; and every gas company wilfully failing to comply with any of the requirements of this Act with respect to maps, and every person having charge of such maps who shall refuse to allow any person to inspect and take copies of or extracts from such maps, shall for every such offence forfeit a sum not exceeding 107.

map.

XLIV. Every clerk of the peace with whom any map shall Charge for be deposited under the provisions of this Act may charge and inspection of take the sum of 18. for every inspection of such map, and the further sum of 2s. 6d. for every extract from or copy taken of such map.

state may

XLV. If and whenever it appears to the secretary of state Secretary of that any of the provisions of this Act have been violated or direct pronot complied with on the part of any gas company, or that the ceedings by gas company are acting in a manner unauthorized by law, and the attorneyif it appear to him that it would be for the public advantage against gas general that the gas company should be restrained from so acting, or companies. compelled to do any act for remedying the wrongful act done by them, the secretary of state may certify the same in writing to Her Majesty's attorney-general, and thereupon he, if he be so advised, shall proceed by information, bill, or action, or other such proceeding at law or in equity, as the case requires, to restrain the wrongful acting or to compel the doing of the acts for remedying the wrongful acts: Provided always, that the secretary of state shall not give the certificate at a period exceeding one year after the committing of the offence specified in the certificate.

tion of

penalties.

XLVI. Every penalty imposed by this Act, the recovery Recovery and application of which is not otherwise specially provided and applica for by this Act, shall be recovered on summary conviction before a magistrate, and be enforced, accounted for, and paid to the receiver of the metropolitan police district, and shall be apportioned in the same manner as penalties or fines, other than fines upon drunken persons, or upon constables for misconduct, or for assaults upon police constables, are by the Act of the third year of Her present Majesty, for regulating police

Jurisdiction of magistrates for

Act.

courts in the metropolis (b) directed to be recovered, enforced, accounted for, paid, and applied; and every order or convietion of any magistrate in respect of any such penalty shall be subject to the like appeal, and upon the same terms, as is by that Act provided in respect of any order or conviction of any magistrate; and every magistrate by whom any order of conviction is made under this Act shall have the same power of binding over the witnesses examined, and the witnesses shall be entitled to the same allowance of expenses, as they would be entitled to in case the order, conviction, and appeal were made under that Act.

XLVII. Every magistrate shall, for the purposes of this Act, have full jurisdiction and full powers and authorities over purposes of the parties respectively, and with respect to making orders on the parties respectively, and otherwise, and as to costs, and may issue every such summons, warrant, and other process, and may take such other proceedings as he thinks requisite; and the service of any summons, notice, order, or other process in the matter on such person, or in such manner as a magistrate directs, shall be good service thereof; and every magistrate may proceed singly in the execution of this Act in such manner as he thinks proper.

For the protection of water companies.

For laying pipes to

convey gas.

XLVIII. Nothing in this Act contained shall extend or be construed to extend to authorize or empower any gas company to interfere with or abridge any of the rights or privi leges of any company established for the supply of water to the inhabitants of any parish or place within the metropolis; and every gas company shall be answerable for any damage, spoil, injury, or mischief which shall be done to any of the pipes, works, or property of any such water company, or which shall or may be sustained by such water company by reason or in consequence of any act, matter, or thing to be done or executed by such gas company, or any of their servants, agents, or workmen.

XLIX. Whenever any gas company, or their servants, agents, or workmen, shall dig or sink any trench for laying any new mains or pipes, other than service pipes, for the conveyance of gas or other apparatus near to which any pipe belonging to any water company for conveying water, or any branch or service pipe for the supply of water to any dwelling house or buildings, shall be laid, such gas company, their servants, agents, or workmen, shall give four hours' previous

(b) See Act for further improving the police in and near the metro

polis, 2 & 3 Vict. c. 47, ss. 22 and 77; and 2 & 3 Vict. c. 71, s. 47.

notice thereof in writing to the manager or chief clerk, or secretary or engineer, of such water company, such notice to be delivered at the principal office of the company between the hours of ten in the morning and four in the afternoon, and shall, under the inspection of the manager or chief clerk, secretary or engineer for the time being of such water com. pany, protect and secure every such water pipe from any injury, and shall also repair any damage that shall be done to such pipe, and in default of repairing such damage the gas company shall for each such default forfeit and pay to the secretary for the time being of such water company, for the use of the said water company, any sum not exceeding 5l., and also the costs and expenses which shall have been incurred by the said water company in protecting and securing any such water pipe, or in repairing or making good any injury that may have been done thereto by the means aforesaid, such costs and expenses to be ascertained by any justice, and to be recovered in the same manner as any expenses or penalty under this Act may be recovered.

L. All pipes hereafter to be laid by any gas company for Hode of the conveyance of gas shall be laid at the greatest practicable laying pipes. distance from the nearest part of any pipe then laid down by or by order of any water company for the conveyance of water, and wherever the width of the carriageway or footpath will allow thereof shall be laid at the distance of four feet at least from the nearest part of any such water pipe, unless in cases where it shall be unavoidably necessary to lay the gas pipe across or nearer to any water pipe, in which case the said gas pipe shall, wherever practicable, be laid over and above the said water pipe at the greatest practicable distance therefrom, and shall form therewith a right angle, or as near thereto as the situation will admit; and in every such case the said gas pipe so crossing the said water pipe shall be at least nine feet in length, so that no joint of any gas pipe shall be nearer to any water pipe than four feet at the least, where the width of the road, street, square, market place, lane, alley, passage, court, or other place will admit; and every such gas pipe so crossing the water pipe shall for the whole length thereof be sufficiently bedded in with good sound clay or other fit materials of a proper consistence, and well worked and rammed into the trench all round the said gas pipe, and in laying down any such gas pipe the gas company shall use such joints as are for the time being of the most improved description for preventing the leakage of gas, and 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

To prevent further contamination

of water by gas (a).

For ascertaining if the

taminated.

trench properly form the jointing with the other pipes to be added thereto with proper and sufficient materials, and shall also, wherever practicable, lay and well and sufficiently bed each joint of the 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 main gas pipes belonging to the gas company, in such manner and of such material as shall, as far as reasonably practicable, prevent leakage.

LI. Whenever the water which shall be supplied by any water company shall be contaminated or affected in any way whatsoever by the gas of any gas company, such gas company shall, within twenty-four hours next after notice thereof in writing, signed by any one of the directors, or by the secretary for the time being of such water company, or by any person using the water of such water company, and left at the office of such gas company, cause measures to be taken effectually to prevent such gas from contaminating or affecting the water of such water company; and in case such gas company shall not within forty-eight hours next after any such notice so left as aforesaid use all reasonable means to effectually remove the cause of such complaint, and prevent all such contamination whereof notice shall be given as aforesaid, then and in every such case such gas company shall, on each complaint whereof notice shall be given as aforesaid, forfeit and pay to the secretary of such water company, for the use of such water company, the sum not exceeding 101. for each day during which the water supplied by such water company shall remain contaminated or affected by the gas of such gas company; and every such penalty or forfeiture may be recovered for the use of such water company in the same manner as any other penalty or forfeiture imposed by this Act may be levied and recovered.

LII. And whereas it may become a question upon such water is con- complaint as aforesaid whether or not the water supplied by any water company within the metropolis be contaminated or affected by the gas of the gas company: Be it enacted, that in every such case it shall be lawful for any such water company to dig to and about and to search and examine the

(a) See penalties for fouling water in Gasworks Clauses Act, 10 Vict. c. 15, ss. 21, 22, and 23; and s. 23

et seq. of Nuisances Removal Act, 18 & 19 Vict. c. 121.

mains, pipes, conduits, and apparatus of the gas company adjacent to the pipes of such water company for the purpose of ascertaining whether or not such contamination proceed or be occasioned by the gas of such gas company, giving twentyfour hours previous notice in writing, signed by one of the directors or by the secretary for the time being of such water company, and left at the head office of such gas company, of the intention of such water company so to dig, search, and examine as aforesaid, and of the time and place or places when and where such digging, search, and examination is intended to be made; and if it shall appear that the said water has been contaminated, and that there has been any escape of gas whereby such contamination has been produced, then and in every such case the costs and expenses of the said digging, search, and examination, and of the repair of the street, road, or place which shall be taken up or disturbed, shall be borne and paid by such gas company, which costs and expenses shall be ascertained and determined if necessary by any justice, and may be levied and recovered in the same manner as any penalty or forfeiture imposed by this Act may be levied and recovered: Provided always, that if upon such examination it shall appear that such contamination has not arisen from any escape of gas from any of the mains, pipes, or conduits of the gas company to which such notice shall have been given, then and in every such case the water company by whom or on whose behalf such examination and search shall have been made shall bear and pay all the costs, charges, and expenses of and incident to such examination and search, and shall also make good to such gas company any damage which may be occasioned to their mains, pipes, conduits, or apparatus by such search, and also any injury or damage which may be done in or about any of the streets, roads, or places which shall be broken up or disturbed in such search, the amount of such damage to be ascertained and determined if necessary by any justice, and to be levied and recovered in the same manner as any penalty or forfeiture under this Act may be levied and recovered.

LIII. All penalties or sums of money ordered and adjudged Appropriwithin the city of London and the liberties thereof to be ation of penalties in paid under this Act, and not otherwise appropriated, shall be the city of payable to the chamberlain of the city of London, in aid of London. the expenses of the police of the said city.

LIV. Nothing in this Act contained shall avoid, prejudice, Saving rights or impair any of the powers now exercised by or vested in the of metropolitan board metropolitan board of works, or in the commissioners of of works, sewers of the city of London and the liberties thereof, or any vestries, and

A A

others.