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1928] 56
(1.) The owner or (in default of the owner) the occupier of any premises
in, under or attached to which there is to his knowledge a disused drain,
shall give notice in writing of the existence of such disused drain to the
council of the metropolitan borough in which the disused drain is situate.
(2.) Any such notice as is required by subsection (1) of this section shall
be given by the person required by that subsection to give the same—
(a) where any channel work or apparatus is a disused drain at the
commencement of this Part of this Act forthwith after such commencement
or so soon after such commencement as the existence of such
disused drain comes to the knowledge of such person; or
(b) where a drain or any channel work or apparatus provided for
use as a drain becomes a disused drain at any time after the commencement
of this Part of this Act forthwith after it becomes to the knowledge
of such person a disused drain.
(3.) Any person who fails to comply with the foregoing provisions of
this section shall be liable to a penalty not exceeding five pounds. Provided
that the occupier of any premises (not being also the owner thereof) shall not
be liable to a penalty under this section for Tailing to give any such notice as
aforesaid if he satisfies the court that he had reasonable cause to believe that
the notice had been given by the owner of the premises.
(4.) Proceedings for any offence under this section may be taken by the
council of the metropolitan borough in which the disused drain in respect of
which the offence is committed is situate.
WIDOWS', ORPHANS' AND OLD AGE (CONTRIBUTORY) PENSIONS
ACT, 1925.
In 1926 the Maternity and Child Welfare Committee had under consideration
the offer of the London County Council to refer the administrative powers and
duties conferred by Section 6 of this Act to the Borough Committee. Since these
powers were delegated, no case has arisen so far under Section 6, so none falls to
be reported on in 1928. The Section deals with the special provisions as to
additional allowances and Orphans' Pensions, and in certain cases the Orphan's
Pension payable in respect of a child would in the interest of the child be administered
by the local authority or some other person for the benefit of the child,
where a representation is made to the Minister by the local authority, or otherwise.