Corporation of Bradford were the owners of Trooper Farm
and certain springs and streams rising in or flowing through
that farm, which were purchased many years ago by the
Bradford Waterworks Company, and from which the Cor-
poration obtained a valuable supply of water for the domestic
use of the inhabitants of Bradford. In 1892 the respondent
Pickles began to sink a shaft on his land adjoining Trooper
Farm, and also to drive a level through his land for the
professed purpose of draining the strata with the view to
the working of his minerals. These operations had the
effect of diminishing the water supply obtainable from the
springs on Trooper Farm. The Corporation of Bradford
brought this action to restrain the defendant Pickles from
continuing to sink the shaft or drive the level, and from
doing anything whereby the waters of the spring and the
stream might be drained off or diminished in quantity.
Lord Halsbury, in delivering judgment, said : " The acts done
or said to be done by the defendant were all done upon his
own land, and the interference, whatever it is, with the flow
of water, is an interference with water which is underground
and not shown to be water flowing in any defined stream,
but is percolating water which, but for such interference,



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THE LAW RELATING TO WATER SUPPLIES 389

would undoubtedly reach the plaintiffs waterworks, and in
that sense it has deprived them of the water which they
would otherwise get ; but although it has deprived them of
water which they would other wine get, it is necessary for
the plaintiffs to establish that they have a right to the flow
of water, and that the defendant has no right to do what he
is doing. I am of opinion that the question whether the
plaintiffs have a right to the flow of such water is covered by
the decision in the case of Chasmore v. Richards. The very
question was then determined by this House, and it was held
that the landowner had a right to do what he had done,
whatever his object or purpose might be, and although the
purpose might be wholly unconnected with the enjoyment of
his own estate."

In delivering his judgment, Lord Macnaughten stated :
" The position of the appellants is one which it is not easy
to understand. They cannot dispute the law laid down by
this House in Chasemore v. Richards. They do not suggest
that the underground water with which Mr. Pickles projioscs
to deal flows in any defined channel. But they say that
Mr. Pickles' action in the matter is malicious, and that,
because his motive is a bad one, he is not at liberty to do a
thing which every landowner may do with impunity if his
motives are good. It may be taken that his real object was
to show that he was the master of the situation, and to force
the Corporation to buy him out at a price satisfactory to
himself. Well, he has something to sell, or, at any rate, he
has something which he can prevent other people enjoying
without paying for it. Why should he, he may think,
without fee or reward, keep his land as a storeroom for a
commodity which the Corporation dispense, probably not
gratuitously, to the inhabitants of Bradford. He prefers his
own interests to the public good. He may be churlish,
selfish, and grasping. But where is the impulse. Mr.
Pickles has no spite against the people of Bradford. He
bears no ill-will to the Corporation. They are welcome to



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390 WATER SUPPLIES

the water, and to his land too, if they will pay the price for
it. So much, perhaps, might be said in defence, or in
palliation of Mr. Pickles' conduct, but the real answer to the
claim of the Corporation is that in such a case motives are
immaterial. It is the act, not the motive for the act, that
must be regarded. If the act, apart from the motive, gives
rise merely to damage without legal injury, the motive,
however reprehensible it may be, will not apply without
element."

The law as to the making and recovery of water-rates and
water-rents is much in need of consolidation and amendment.
The Waterworks Clauses Act, 1863, and certain provisions
of the Waterworks Clauses Act, 1847, are incorporated with
the Public Health Act, 1875, and the following clauses of
the 1847 Act may be referred to, as to water-rates and
water-rents : —

" Sees. 48 to 52. Any owner or occupier of a dwelling-
house may open ground, and lay communication or service
pipes to connect house with mains.

"Sec. 53. Every owner and occupier, when he has laid
such communication pipes and paid the water-rate, is entitled
to a sufficient supply of water for domestic purposes.

" Sec. 68. Water-rates (except as in sec. 72) are to be paid
by the person receiving or using the supply of water, and to
be payable according to the annual value of the tenement
supplied, any dispute arising as to such value to be settled by
two justices.

" Sec. 69. When several houses, or parts of houses in the
separate occupations of several persons, are supplied by one
common pipe, the several owners or occupiers are liable to the
payment of the same water-rates as if each were supplied by
a separate pipe.

"Sec. 70. Water-rates to be paid in advance, by equal
quarterly payments, at Christmas Day, Lady Day, Midsummer
Day, and Michaelmas Day.

" Sec. 72. The owners of all dwelling-houses or separate



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THE LAW RELATING TO WATER SUPPLIES 391

tenements, the annual value of which does not exceed .£10,
are liable to payment of the water-rates instead of the
" occupiers."

To make the owner or occupier liable, it is not necessary
that the water should be laid on to the house, section 9 of the
Public Health Water Act, 1878, enacting that where a stand
pipe has been provided water-rates or water-rents may be re-
covered from the owner or occupier of every dwelling-house
within 200 feet of any such stand pipe, in the same manner
as if the supply had been given on the premises. But if
such dwelling-house has within a reasonable distance, and
from other sources, a supply of wholesome water sufficient
for the consumption and use of the inmates, no water-rate or
water-rent is recoverable from the owner or occupier until the
water supplied from the stand pipes is used by the inmates of
the house. This section applies to rural districts only.

Where stand pipes are used questions are often raised by
householders, who seem to object to water-rates, even more
than to other rates, on the ground that their houses are pro-
vided with water from some ancient well, or other source. A
little patience is generally not wasted on them, for if left
alone they soon find using the water from the stand pipe to
be so great a convenience that they take to using it, and then
pay the water-rates with as good grace as they do other rates.
In some cases, however, where a water-rate hater insists on
continuing to use water from some polluted well or other
source, it becomes necessary to compel him to pay the water-
rate, even though he does not use the water from the stand
pipe, on the ground that his supply is not wholesome. When
compelled to pay the rate he will soon begin to use the water,
to get over his objection to being made to pay for what he
does not use.

" Sec. 74. If a person liable to pay water-rates neglects to
do so, water may be cut off, and water-rates and expenses of
cutting off the water recovered in manner mentioned in the
section."



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392 WATER SUPPLIES

Objection is often made that the incidence of a water-rate
is unfair, because, assuming the water-rate to be Is. in the £1,
one occupier of a house rated at, say, i>15, and using very'
little water, pays as much for his water-rate as another
neighbouring occupier of a similarly-rated house, or house
and shop, possibly using many times as much water as his
neighbour. This may be often so, for .the quantity used will
depend on the number and habits of the household, and
whether baths and water-closets are used or not ; but section
1 2 of the Waterworks Clauses Act, 1863, provides that a supply
of water for domestic purposes is not to include a supply of
water for cattle or for horses, or for washing carriages, where
kept for sale or hire, or by a common carrier, or a supply
for any trade, manufacture,* or business, or for watering gar-
dens, or for fountains, or for any ornamental purpose.

Where water is used for flushing sewers, road watering,
etc., a charge should be made on the general district rate for
the water so used. In some districts the rates paid by the
users of the water cover not only the annual repayment of the
loan, with interest, but also the cost of maintenance. In this
case the tenants or owners of the property pay for the water-
works in the course of a term of years, at the end of which
they are the absolute property of the L.A., and not of those
who have paid for them. In other cases the water-rates only
cover the interest and cost of maintenance, the principal being
paid off from the general district rate. This seems a perfectly
fair arrangement, as the works ultimately become the property
of the L.A., which has paid for them. In other instances the
sum to be paid by the users of the water is fixed in an arbitrary
manner, and the balance raised from the general district rate.
The mode in which the cost of public supplies is met, in
different districts, is referred to in the subjoined chapter on
rural water supplies.

Up to the passing of the Local Government Act, 1894, the
Rural Sanitary Authority was, under the Public Health Act
1875, the only body having power to provide water-supply



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THE LAW RELATING TO WATER SUPPLIES 393

works in rural parishes; but under section 8 of the 1894 Act
a Parish Council has power to utilise any well, spring, or
stream, within their parish, and provide facilities for obtaining
water therefrom, but so as not to interfere with the rights of
any corporation or person; and the Parish Council have
power also under the same section to contribute towards the
expense of doing this, or to concur or combine with any other
Parish Council to do so, or contribute towards the expense of
such water supply. It is probable that these powers will be
seldom used, because the Rural District Councils have already
full power to provide water supplies for any parish in their
districts, the expense of so doing being a special charge upon
that parish ; and it is provided in section 8 that nothing con-
tained in that section shall derogate from the obligation of the
District Council with respect to the supply of water ; also that
Parish Councils are not to acquire, otherwise than by agree-
ment, any land for the purpose of any water supply. The
1894 Act, however, contains useful provisions for the pro-
tection of these councils, with regard to the action of the
Rural District Councils as to water supply, section 16 pro-
viding that where the Rural District Council has determined
to adopt plans for the water supply of any parish, it shall
give notice thereof to the Parish Council of the parish for
which the works are to be provided, before any contract
is entered into for carrying out the works. Also that
where a Parish Council has resolved that a Rural District
Council ought to have provided the parish with a supply of
water, in case where danger arises to the health of the in-
habitants from the insufficiency or unwholesomeness of the
supply of water, and a proper supply can be obtained at a
reasonable cost, the Parish Council may complain to the
County Council, who, if satisfied that the District Council
has so failed, may resolve that the duties and powers of the
District Council, for the purpose of the matter complained
of, shall be transferred to the County Council, and they shall
be transferred accordingly ; or instead thereof may make a



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394 WATER SUPPLIES

similar order to that mentioned in section 299 of the Public
Health Act, 1875, and appoint a person to perform the duty
of providing the district with a water supply.

Before giving details of schemes which have been selected
as typical, it may be well to mention categorically the more
important clauses of certain Acts of Parliament bearing upon
the provision of water supplies by Sanitary Authorities, some
of which have already been referred to.

The Acts more particularly applying to water supplies are,
the Public Health Act, 1875, clauses 51 to 70 inclusive ; and
the Public Health (Water) Act, 1878. In the following
paragraphs the former will be referred to as the P.H.A., and
the latter as the P.H.W.A. ; the No. of the 'clause will be
placed in brackets, and L.A. will signify the Local Sanitary
Authority.

P.H.A. (64). By this clause all existing public cisterns,
pumps, wells, reservoirs, conduits, aqueducts, and works are
vested in and under the control of the L.A.

Where a spring or other source of water is vested in the
L.A., and can be utilised for a public supply, there are no
water rights to purchase.

P.H.A. (51). The L.A. may provide their district, or any
portion of their district, with a supply of water, and for this
purpose may (a) construct waterworks, dig wells, etc. ; (b)
lease, or hire, or purchase waterworks ; or (c) contract with any
person for a supply of water.

P.H.A. (54). The L.A. have the same powers, etc., for
carrying water mains as they have for carrying sewers.

P.H.A. (299-301). If a L.A. neglects to supply any portion
of its district with wholesome water, where the present supply
is a danger to health on account of its insufficiency or un-
wholesomeness, and a proper supply can be obtained at a
reasonable cost, complaint may be made to the Local Govern-
ment Board by any person, and the Local Government Board
may order the L.A. to provide a supply.

P.H.A. (56 and 58). The L.A. may charge water-rates,



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THE LAW RELATING TO WATER SUPPLIES 395

or supply the water by meter, or may make special agree-
ments with the person receiving the supply.

P.H.A. (61). Any L.A. may supply water to an adjoining
district, with the consent of the Local Government Board.

P.H.A. (62). Where the Surveyor to the L.A. reports
that any house within the district is without a proj>er supply
of water, and that a supply can be had at a reasonable cost,
the L.A. may compel the owner to provide a supply. If he
makes default the L.A. may execute the works, and either
recover the expenses in a summary manner, or may levy a
rate on the premises.

P.H.A. (70). The L.A. may apply to a court of summary
jurisdiction for an order to close any well, tank, or cistern,
public or private, which is reported to be so polluted as to be
injurious to health.

P.H.W.A. (3). It is the duty of every Kural Sanitary
Authority to see that every occupied dwelling-house has a
proper supply of water. A portion of this clause resembles
that of the P.H.A. (62), but is less ambiguous in its wording,
and the Medical Officer of Health or Sanitary Inspector is
empowered to report, and not the Surveyor. By a reasonable
cost is meant a sum of £8 : 13 : 4, the interest of which, at 5
per cent per annum, is 2d. per week ; or, on the application
of the L.A., such other cost not exceeding a capital sum
(£13), the interest on which, at the rate of 5 per cent per
annum, would amount to 3d. per week. The owner may
object on various grounds, one of which is that the L.A.
ought themselves to provide a supply of water for the district,
or the portion thereof in which the house is situated.

P.H.W.A. (6). No new house shall be inhabited until a
certificate has been obtained from the L.A. to the effect that
it has, " within a reasonable distance, such an available supply
of wholesome water as may appear to such Authority, on the
report of their Inspector of Nuisances or of their Medical
Officer of Health, to be sufficient for the consumption and use
for domestic purposes of the inmates of the house."



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396 WATER SUPPLIES

One of the effects of this clause has already been referred
to. Another is that, where the clause is enforced, new houses
cannot be built to replace the old ones, in those districts
where a water supply cannot be obtained at a "reason-
able" cost, because water certificates will not be granted.
The inhabitants, therefore, must continue to tenant the old
cottages, however dilapidated, unless the latter be condemned.
In such cases the L.A. must either provide a public supply,
and so enable new cottages to be erected, or the people must
be allowed to tenant the old places, or be turned out to find
homes elsewhere.

P.H.W.A. 1 (9). Where the L.A. provide stand pipes they
may recover water-rates or water-rents from the owners or
occupiers of every dwelling-house within 200 feet of the stand
pipe, unless such house has a good supply of its own.

The L.A., therefore, can provide stand pipes, and charge
rates on all the houses using the water within 200 feet of
each. Houses beyond this distance cannot be rated. In one
of my districts numerous stand pipes are provided, and the
owners need not lay on the water to the houses. In another,
stand pipes are only provided under exceptional circumstances,
and, wherever possible, the owners are compelled to lay on
the water to the houses. By carrying a service main within
200 feet of a house not having a proper supply of water, and
fixing a stand pipe, the house can be rated.

P.H.W.A. (8). Upon application to the Local Govern-
ment Board, the Board may fix a general scale of charges,
instead of the fixed charge referred to in (3).

The " Limited Owners Reservoirs and Water Supply
Further Facilities Act, 1877," enables a landowner to charge
his estate with the cost of constructing works for the supply of
water thereto, or he may enter into an agreement with the L. A.
or any company or person for the supply of water for any term
not exceeding the number of years during which the cost of
the improvement is a charge on the estate.

1 This section applies to Rural Sanitary Authorities only.



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THE LAW RELATING TO WATER SUPPLIES 397

The Justice of the Peace of 8th June 1895, commenting on
the provisions of the Public Health Act, 1875, as affecting
water supplies, says : " Turning now to the provisions of the
Public Health Act, we find there a code of rules regulating
the manner in which a water supply is to be carried on by
the District Council. We do not intend to go through the
sections, but only to call attention to one or two matters as
affected by recent decisions. An interesting case arose
under section 64 of the Public Health Act, 1875 — the case
of Holmfirth Local Board v. Shore — which we reported in
last week's issue, ante, p. 344. By that section, all existing
public cisterns, pumps, wells, reservoirs, conduits, aqueducts,
and works used for the gratuitous supply of water to the
inhabitants of the district of any Local Authority, are to vest
in and be under the control of such Authority. In the
Holmfirth case, it appeared that at Holmfirth there was, near
the top of a hill, a well called Flacketer Well, supplied by a
natural spring of water, flowing into a trough or cistern, and
the overflow ran down the hill to another well or trough, or
cistern of stone, called Ing Head Well or Trough. It was the
Ing Head Well that was the subject of the litigation. The
overflow from this place ran down the hill to a third well or
trough or cistern in South Lane. It was in evidence that
the Ing Head Well had been used by the neighbouring
inhabitants for drawing water for domestic purposes, and for
watering cattle, without any interference or opposition from
any one for more than fifty years. Prior to the existence of
the Plaintiff Authority, the district in which Ing Head Well
was situated had been under the Wooldale Local Board, and
that Board had laid pot pipes instead of a brick rubble drain
from Flacketer Well all the way to South Lane. The
Wooldale Local Board and other Local Authorities subse-
quently amalgamated, and formed the present Authority.
In 1884 the defendant, who occupied a house near Ing
Head Well, put up a gate to keep cattle away from it, and
began to try to prevent the public from using it. Subse-



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398 WATER SUPPLIES

quently, he put a pipe in the bottom of the trough, leading
into his own house, where it terminated in a stopcock, and
by means of this pipe and stopcock he could draw off all the
water in the trough, or as much as he pleased. Among the
defences set up before the County Court Judge was the
defence that a trough was not a well at all, nor anything else
mentioned in section 64. But the County Court Judge
found as a fact that it was a well within the meaning of the
section. On the question whether it vested in the Plaintiff
Authority within the meaning of the sections, he also found
that it did. These findings were seriously contested in the
Divisional Court, but the appeal failed. Day, J., said :
* After looking at the photograph, I have come to the con-
clusion that this is not a "well," but a "public cistern,
reservoir, conduit, or aqueduct," or certainly a "work used
for the gratuitous supply of water," within the meaning of
section 64 of the Public Health Act, 1875, and I cannot find
any fault with the decision of the learned County Court Judge
that it comes under one or other of these descriptions.'
Wright, J., on the question of the * well ' vesting in the
Local Authority, said : * The leading authority, so far as I
know, for construing those words " vest in and be under the
control of," as regards streets, is now the case of Wandsworth
Board of Works v. United Telephone Company, 48 J. P.
676, and it seems to me to be applicable to wells as well as
to streets. Looking at that, and the other cases as to streets,
it seems to me now impossible to deny that the Local Authority
have, in respect of the streets and wells vested in them by
force of the statute, a right of property — not an absolutely
unqualified right of property, but one capable of limitation
in point of time, and limited in some respects as regards user
— but still a right of property and of possession which is
sufficient to enable them to complain of anything that inter-
feres at all, not merely that injuriously interferes, with their
occupation of the street or well for the purposes for which
it is vested in them by the statute. Now, certainly, the



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THE LAW RELATING TO WATER SUPPLIES 399

boring of a hole in the bottom of a cistern or well must
interfere, whether injuriously or not, with the possession of
it as a cistern or well. Therefore, on that point, the judgment
of the learned County Court Judge was right.'

" A similar question arose under the Public Health (Scot-
land) Act, 1867. By section 89 (4) of that Act 'the local
Authority may cause all existing public cisterns, pumps,
wells, reservoirs, conduits, aqueducts, and works used for the
gratuitous supply of water to the inhabitants to be continued,
maintained, and plentifully supplied with water.' It will be
observed that the ' wells ' do not vest in the Local Authority ;
it merely enables the Local Authority to cause them to be
maintained. In Smith v. Archibald, 5 App. Cas. 489, the
alleged rights of the owner and the rights of the Local
Authority came in dispute. It appeared that there was a
well in the corner of a private field. A footpath ran from
the road to the entrance of the field, and a cart-road from
this entrance to the public road, going through the village
of Denny. The inhabitants of this village had for a prescrip-
tive period used the water of the well for domestic purposes,
and had had the well cradled with stones at their own expense.
The Local Authority caused the well to be covered in with
an iron plate, and placed therein a hand pump with the
avowed object of keeping the well free from pollution. The
proprietor of the field claimed the well as his private property,
and instituted proceedings to have the cover and pump
removed. The House of Lords held that the well was a
public well within the meaning of section 89 (4), supra, and
the Local Authority had not done anything in excess of their
powers."



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CHAPTER XXIII

RURAL AND VILLAGE WATER SUPPLIES

Probably every centre of population in the United Kingdom
which aspires to the dignity of being called a town has, at
the present time, some form of waterworks, of a more or less
satisfactory character, supplying water by means of mains