Draycott Gas Act 1908

Publication Date:January 01, 1908
 
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Draycott Gas Act 1908

(8 Edw. 7) c. xxxvii

An Act to confer further powers upon the Draycott Gas Company to repeal certain powers of the Long Eaton Gas Company and for other purposes.

[1st August 1908]

[8 Edw. 7.] Draycott Gas Act, 1908. [Ch. XXXVii.] CHAPTER xxxvii. An Act to confer further powers upon the Draycott Gas A.D. 1908. Company to repeal certain powers of the Long Eaton Gas Company and for other purposes. [1st August 1908.] W HEREAS by the Draycott Gas Act 1888 (hereinafter called "the Act of 1888") the Draycott Gas Company Limited was dissolved and reincorporated by the name of the Draycott Gas Company (in this Act called "the Company") and was authorised to supply gas within the limits defined by that Act: And whereas the capital of the Company authorised by the Act of 1888 is twenty thousand pounds of which ten thousand pounds (in that Act called "the original capital") consists of ordinary shares entitled to dividend at the rate of ten per centum per annum and the Company have raised the additional capital authorised by the Act of 1888 by the issue of nine thousand two hundred pounds consisting of preference shares entitled to dividend of five per centum per annum: And whereas the whole of such capital has been created and issued and is fully paid up and premiums were paid upon the additional capital created under the Act of 1888 to the amount of eight hundred pounds making together with the ordinary and preference capital created under that Act the sum of twenty thousand pounds by that Act authorised: And whereas the Company has not raised any money by mortgage of their undertaking or by the issue of debenture stock: And whereas it is expedient that the ordinary capital of the Company should be converted into stock bearing a dividend of five per centum per annum as in this Act provided: [Price Is. W.] A 1 [Oh. XXXVii.] Draycott Gas Act, 1908. [8 Edw. 7.] A.D. 1908. And whereas by the Long Eaton Gas Order 1880 (confirmed " by the Gas and Water Orders Confirmation Act 1880) the Long Eaton Gas Company Limited were empowered to maintain and continue gasworks and to supply gas in the then parishes of Long Eaton Sawley Little Wilne Draycott Breaston Risley and Wilsthorpe all in the county of Derby: And whereas by the Long Eaton Gas Act 1901 the Long Eaton Gas Company Limited (in this Act called "the Long Eaton Company") was dissolved and reincorporated and was authorised to supply gas to the parishes or townships of Long Eaton Breaston Draycott Eisley and Sawley all in the county of Derby: And whereas the Long Eaton Company has since the incorporation of the Company had concurrent powers of supply over the greater portion of the area of supply of the Company but the Long Eaton Company has only recently attempted to exercise such powers: And whereas the Long Eaton Company has recently laid mains in the area of supply of the Company and are charging therein a lower price for gas than that charged by the Company and considerably lower than the price charged by the Long Eaton Company to consumers not within the Company's area of supply and thereby and in other ways unfairly and improperly competing with the Company and it is therefore expedient that the Long Eaton Gas Act 1901 and the powers thereby conferred upon the Long Eaton Company should be repealed amended or varied as hereinafter provided: And whereas the limits of supply of the Long Eaton Company include a portion of the parish of Draycott not within the limits of supply of the Company but the Long Eaton Company has not exercised their statutory powers within the said portion of the said parish and it is expedient that the powers of the Long Eaton Company in that behalf should be repealed and that the Company should be empowered to supply gas within the said portion of the said parish: And whereas the demand for gas within the Company's present limits of supply has increased and is increasing and it is expedient that the Company should be authorised to raise additional capital: And whereas it is expedient to extend the limits of the Company for the supply of gas and to confer further powers upon the Company: } [8 Edw. 7.] Draycott Gas Act, 1908. [Ch. XXXViL] And whereas the Castle Donington Gas and Coke Company a.d. 1908. Limited (in this Act called "the limited company") have sold their undertaking and their successors in title are supplying gas within part of the area included by this Act within the Company's limits for the supply of gas and it is expedient to empower the Company to acquire by agreement the undertaking of the limited company and to acquire the freehold interests of the lands upon which that company's gasworks are constructed: And whereas the purposes of this Act cannot be effected without the authority of Parliament: And whereas a plan of the lands required or which may be taken for the purposes or under the powers of this Act and a book of reference containing the names of the owners and lessees or reputed owners and lessees and of the occupiers of such lands were duly deposited with the clerk of the peace for the county of Derby and are in this Act respectively referred to as the deposited plan and book of reference: May it therefore please Your Majesty that it may be enacted and be it enacted by the King's most Excellent Majesty by and with the advice and consent of the Lords Spiritual and Temporal and Commons in this present Parliament assembled and by the authority of the same as follows (that is to say) : Preliminary. 1. This Act may be cited as the Draycott Gas Act 1908 Short and collective and the Act of 1888 and this Act may be cited together as the titles Draycott Gas Acts 1888 and 1908. 2. The following Acts and parts of Acts so far as the same incorpora- are applicable for the purposes and are not inconsistent with tl0U0 cts* the provisions of this Act are hereby incorporated with this Act (namely): The Lands Clauses Acts: The Gasworks Clauses Act 1847 (except sections 31 to 34) Provided that section 13 shall be read as if the words " or any premises " were inserted after the words " private building " : The Gasworks Clauses Act 1871: The provisions of the Companies Clauses Consolidation Act 1845 (except the provisions thereof relating to the conversion of borrowed money into capital): A2 3 A.D. 1908. Interpretation. Eepeal of Long Eaton Company's powers of supply in certain parishes. Repeal of certain powers of Company. [Ch. XXXVil] Draycott Gas Act, 1908. [8 Edw. 7.] Part I. (relating to cancellation and surrender of shares) Part II. (relating to additional capital) and Part III. (relating to debenture stock) of the Companies Clauses Act 1863 as amended by subsequent Acts. In this Act the several words and expressions to which meanings are assigned by the Acts wholly or partially incorporated herewith shall have the same respective meanings unless there be something in the subject or context repugnant to such construction. From and after the passing of this Act all powers rights authorities and privileges of or belonging to the Long Eaton Company under the provisions of the Long Eaton Gas Act 1901 or otherwise for or relating to the supply of gas within the parishes and parts of parishes comprised in the district hereinafter mentioned in the county of Derby shall absolutely cease and determine: (a) So much of the area of supply of the Company as defined by section 4 of the Act of 1888 as lies to the westward of a straight line drawn from north to south in green colour on the Ordnance map signed in triplicate by Samuel Howard Whitbread Esquire the Chairman of the Committee of the House of Commons to whom the Bill for this Act was during its progress through Parliament referred and copies of which map have been deposited in the Private Bill Office of the House of Commons the Parliament Office of the House of Lords and in the principal office of the Company: (b) So much of the parish of Draycott in the county of Derby as lies to the south of the River Derwent at or near Wilne Mills. 5. From and after the passing of this Act all powers rights authorities and privileges of or belonging to the Company under the provisions of the Act of 1888 for or relating to the supply of gas within the area lying to the eastward of the line referred to in subsection (a) of section 4 of this Act shall absolutely cease and determine. limits of supply. Extension of Limits and Purchase of Castle Donington Gas and Coke Company's Undertaking and of Lands. Extension of 6.(1) From and after the passing of this Act the limits of supply of the Company shall include in addition to their existing limits the following parishes (that is to say) : [8 Edw. 7.] Draycatt Gas Act, 1908. [Ch. XXXVii.J In the county of Derby a.d. 1908. The parish of Shardlow and Great Wilne and such portion of the parish of Draycott as lies south of the river Derwent at or near Wilne Mills in the rural district of Shardlow: In the county of Leicester The parishes of Castle Donington Hemington and Lock-ington in the rural district of Castle Donington. (2)(a) The area referred to in subsection (1) of this section is shown in blue colour on the Ordnance map referred to in subsection (a) of section 4 of this Act: If there be any discrepancy between the description of the limits of supply contained in this section and the maps signed and deposited as aforesaid the latter shall prevail: Copies of the said map deposited in the principal office of the Company certified by the secretary to the Company to be true copies shall be received in all courts of justice and proceedings as prima facie evidence of the contents of such map. (3) The Company shall have and may exercise within the limits of supply as extended by this Act all and the like powers privileges and authorities for and in relation to the supply of gas and shall be subject to all and the like duties liabilities and obligations as amended by this Act in respect thereof as they now have and may exercise and are...

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