Gas Orders Confirmation Act 1901

JurisdictionUK Non-devolved
[I
EDW.
7.1
Gm
Orders
Uon$rrnation
Act,
1901.
[Ch.
clv.]
CHAPTER
clv.
An
Act to confirm certain Provisional Orders made
by
-4.1).
1901.
the Board
of
Trade under the authority
of
the
relating to Horsharn
Gas Nuneaton
Gas
Pinner Gas
and
Swaffham
Gas.
[26th
July
1901.1
-
THEREAS the Board of Trade
have
under the authority
of
jq
the Gas and Water
Works
Facilities Act
1870
made the
33&34~ict.
several Provisional Orders set out in the schedule
to
this Act
annexed
:
And whereas
a
Provisional Order made
by
the Board of Trade
under the authority
of
the
is not of any force
or
validity whatever until the confirmation
thereof by Parliament
:
And whereas
it
is
expedient that the several Provisional Orders
made
by
the Board of Trade under the authority of the said Act
and set out in the schedule to this Act annexed be confirmed
by
Act af Parliament
:
Be it therefore enacted
by
the
Eing’s
most Excellent Majesty
by
and with the advice and consent of the Lords Spiritual and
Temporal and Commons in this present Parliament assembled and
by
the authority of the same as follows
:-
1.
This Act may be cited
as
the
Gas
Orders Confirmation Act
Sliort
title.
1901.
2.
The several Orders
as
amended and set out in the schedule
~onfirmatlon
to this Act annexed shall be and the same are hereby confirmed and
::zi$j”:
in
all the provisions thereof
in
manner and
fotm
as
they are set
out
in the schedule shall from and after the passing of this Act have
full vahdity and effect.
3.
The Undertakers mentioned in the aaid Orders shall not
Special
pr6-
under the powers
of
this
Act or
of
the
said
Orders
purchase
~~~~~~~
+ao
or
acquire in any:
city
borough
or
urban
district
or
in
any
labouring
c.
70.
[Price
28.
3d.j
A
1
class.
[ch.
Civ.1
Gas
Orders
Co?zfirrnation,
Ad,
1901.
[l
EDW.
7.1
-4*D*
-
‘’01-
Parish
or
part
of
a
parish not being an urban district ten
or
more houses which on the fifteenth day
of
December
iast
were
occupied either wholly
or
partially
by
persons belonging
to
the
labourinq
class as tenants
or
lodgers
or
except with the consent
of the Local Government Board ten
or
more houses which were not
so
occupied on the said fifteenth day
of
December but have been
or
shall be snbsequent1:y
so
occupied
If
any Undertakers purchase
or
acquire
nriy
house
or
houses under the powers
of
this Act
or
of
the said Orders in contravention of
tkis
provision they
shall
be
liable to
a
penalty of fi~7e hundred pounds in respect
of
every such
house which penalty shall be recoverable by the Local Govern-
ment Board by action in the High Court and sliall
be
carried
LO
the
credit
of
the Consolidated
Fund
of
the United Kingdom
Providcd that the court may
if
they think
fit
reduce such penalty.
For
the purposes of this section the expression
labouring class
means mechanics artisans labourers and others working
€or
wages hawkers costermongers persons not working
for
wages but
working
at
some
trade
or
handicraft without employing others
except members
of
their own family and persons other than
domestic servants whose income does not exceed thirty shillings
-
a
week and the families
of
any such persons who may be residing
with them
The
expression “house” means any tenement
separately occupied by any person
or
persons.
SCHEDULE.
LIST
OF
ORDERS.
EORSHARI
GAS.
-
Order empowering the Horsham Gas Company Limited
to niaintain and continue additional
giisworks
in
the
parish
of
Horsham
in the county
of
Snssex
and to manufacture and supply gas there and
for
other purposes.
NUNEATON
GAs.-order enipowering the Xuneaton Gas Company to acquire
adclitional lands
for
the storage
of
ga\ and to raise additional capital.
PINNE
it
GAS.--Order empowering the Pinner
Gas
Company Limited to
construct additional gasworks
to
raise additional capital and €or other
purposes.
SWAFFHAM
GAS.-Order authorising the maintenance and continuance
of
gasworks
in
the parish and urban district of Swamam in the county
of
Norfolk.
2
[l
EDW.
7,]
Gas
Orders
Confirmatiom
Act,
1901.
[Ch.
c~v.]
A.D.
1901.
-
HORSHAM
GAS.
Order empowei*ing the
IIorshcm
Gas
Compccny
Livbiteci
to
mniiztnin
Horsham
Gas.
unci
continue
ccdclitionccl
gaszooiels
in
tlze
pu~ish
of
Homhum
iin
the
county
qf
Smssex
ccncl
to
manufcccture
ccnd
supply
gas
there
and
for
other
pzciposes.
1.
This Order may be cited as the Horsham Gas Order 1901.
Sho~
t title.
2
The Horsham Gas Order
1877
and this Order shall be read and con-
Interpretation.
stmed together except
so
far
as
such construction would he inconsisterit with
or
repugnant to the provisions
of
this Order.
3. This Order shall come into force and have effect
upcn
tlie day when ttie
Commence-
ment
of
Order.
Act confirming this Order is passed which date is in thiq nrder referreti to
as
‘*
the commencement
of
this Order.”
4.
The provisions
of
the Lands Clauses Acts (except with respect to the
Incorporation
of
Acts.
purchase ancl taking
of
land, otherwise than by agreement and with respect
to the entry upon lands
by
the Promoters
of
the undertaking)
of
the
Gasworks Clauses Act 1847 and
of
i1re
hereby incorporated with tliiq Order (except where the same are expressly
varied by this Order) and the said provi.ions
of
the said Gasworks Clau\es
Acts sliall
apply
as
well to the mains pipes and
works
of
the Undertakers
laid down
or
constructed before the commencenient of this Order and situate
within the limits
of
supply
as
defined by this Order
as
to
any
niains pipes
or
works
which may be laid down
or
constructed under the authority of
this
Order.
5.
In this Order the expression
‘‘
the prescribed rates
means the rates of
Interpretation.
dividend authorised by this Order on the capital
of
the Undcrtaliers or such
rates as reduced
or
increased in accordance with the yovisions
of
this Order
and the several words terms aud expression., to which by any Act in whole
or
in part incorporated with this Order and
by
the
Gas
and Water TITorks
Facilities Act 1870 meanings are assigned have in this Order the same
respective meanings and in the construction of this Order
or
of
any such Act
for
the purposes of this Order the expression
the undertaking” shall include
the gasworks and works connected therewith by this Order authorised to be
maintained and continued.
6.
The Horsham Gas Company Limited shall be the Undertakers
for
Undertnkrrs.
the purposes
of
this Order arid are in this Order referred to as “the
Undertakers.”
Maintenance und Continuunce
of
Gasworks Manufacture
and
Sale
of
Gas
Coolee
and
Resicluul
Products.
described
iii
the Schedule
A
to this Order annexed
in
addition to the land3
7.
The TJndertakers
may
hold the lands shown on the &posited map
arid
Additional
gas-
works.
A2
3
[Ch.
dv.]
Bas
Grhrs
Co.llfirma.fion
Act,
1901.
[l
EDW.
7.1
*.D.
1901-
described in the schedule
to
the Horsham Gas Order
1877
and may thereon
Horshum
G~.
while they are possessed of the same maintain and continue alter and enlarge
retorts gasholders receivers purifiers meters apparatus and works for the
manufacture and storing
of
gas and
of
coke
ad
other residual products
obtained in the manufacture
of
gas
and matters producible therefwm and
they may subject to the pr3Jvisions of this OrJer make and store gas on such
lands and
upp ply
and sell the same within the limits
of
"upply and may
on
such lands manufactwe
tar
coke pitch asphaltum and aninioniacal liquor oil
and all other residual products obtained in the manufacture of gas and
matters producible therefrom and tiray sell and dispose of the
same
at the
works
and elsewhere.
-
Price
of
Gas.
Price of
gas.
8.
As from the first quarter day after the commencement of this Order
section seventeen of the Order of 1877 shall stand reperiled and the price to
be charged by the Undertakers for gas supplied by them shall not exceed
four shillings and sevenpence per thouband cubic feet and
so
in
proportion for
any less quantity supplied Provided that
at
any time after the exr'iration of
two years from the commencement of this Order the Board of Trade may if
they think
fit
by order in writing to
be
signed by
a
secretary
or
assistant
secretary of the said Board
alter
the said maxiniuiii price either by substituting
any other
sum
for the said sum
of
four shillings and severipencc or by givinq
a
stmdard price with sliding scale as to profits and
as
from
tlie date specified
in such order (herein-after referred to
as
"
the specified date
")
the price to be
charged
by
the Endertakers
for
gas suppliwl by them shall be in accordance
with such order Provicled further that in case such order shall prescribe
a
stand;ird price with sliding scale
as
to protits theit as
from
the specified date
the provisions set forth in Schedule
B
to thi.; Order annexed shall be
in
force
and have effect and this Order shzll be read and construed accordingly
A
copy of such order made by the Boaid of Trade shall be puldlshed
in
the
London Gazette and
a
copy of the said Gazette containing such order
shall be conclusive evidence of the due making and validity of the same and
of the contents thereof.
costs.
(hBt5.
9.
All the costs charges and expenses of and incidental to the applying
for preparing obtaining and confirming this Order and otherwise in relation
thereto shall be paid
by
the Undertakers.
4
[I
EDW.
7.J
Om
Orders
Con,rrnation
Act,
1901.
[Ch.
c~v.]
S
C
H
E
D
U
LE
S.
SCHEDULE
A.
GAS
LANDS.
The land now occlipied by the Undertakers containing
by
admeasurement
1
squarr
rood and
25
square poles situate
in
the parish of Horsham in the
county
of
sussexadjoining tbe lends in the occupation
of
the Undertakers
referred to in the schedule to the Horsham Gas Order
187’7
being bounded
on the north partly by land in the occupation of the Undertakers and partly
by lilnd belonging or reputed to belong to the Trustees of the Wesleyan
Chapel
on
the east by land in the occupation
of
the Undertakers
on
the south
by land in the occupation of the Untleitakers and
on
Ihe west partly by land
in the occupation of the Undertakers and partly by land belonging to
or
reputed to belong
to
the trustees
of
the Will
of‘
Alfred Agate deceased.
SCHEDULE
B.
A.D.
1901.
Horsham
Gas.
-
The foregoing Order shall after the making by the Board of Trade
of
an
order in pursuance of the provisions in that behalf therein contained
prescribing
a
standard price for gas supplied by the undertakers with
sliding scale as to profits and
as
from the specified date be read and construed
subject to the modifications following
:-
(i.) Sections thirty to thirty-four (both inclusive)
of
the Gasworks Clauses
Sections thirty
Act
1847
shall
not continue to be incorporated with
or
to form pa!
t
of
the foregoing Order
and
in construing the said Act
for
the purposes
of
Clauses
Act
the foregoing Order section thirty-five of the said Act shall be read and
to
be
incor-
construed as though the words from
in
case the whole
down to
porated.
“have been paid” all inclusive had been omitted therefrom and
as
though the expression
the prescribed rate
included the prescribed
rates
as
defined by the foregoing Order together with any sum which
under the provisiuns
of
this schedule might lawfully be carried to the
insurance fund.
(ii.)
Notwithstanding anything contained in the foregoing Order the
Price
of
Fas
standard price
tfo
be charged
by
the Undertakers for gas supplied by
scale
ay
to
them to private consumers by meter shall be the price prescribed by such
clwidend.
order
of
the
Eoard
of
Trade
as aforesaid per thousand cubic feet
:
,$‘~~~~
1947
to
cease
with
sliding
Provided that the TJndertakers
may
increase
or
rednce the price
so
charged
by
them
for
gas
above or below the standard price subject to
a
reduction
or
A3
5
[Ch.
c~v.]
#as
Orders
Coi$rrnntion
Act,
1901.
[l
EDW.
7.1
A.D.
1901.
--
Horsham
Gas.
If
profits
exceed amount
limited excess
may
he
invested and
form
an insu-
rance fund.
Application
of
forther excess
of
profits
over
prescribed
rates.
increase ic the dividend payable by the Undertakers on the ordinary share
capital
or
stock as follows
:-
In respect
of
any year during any part
of
which the price charged by the
Undertakers shall have been one penny
r)r
part of
a
penny above tlie
standard price the dividend payable by the Undertakers shall in respect
of
each penny
or
part
of
a
penny by which the price shall have been
increased be reduced below the standard rate
of
dividend by five
shillings on every one hundred pounds
of
ordinary tmid-up capital with
a
ten per centuin standard rate
of
dividend and
so
in proportion for any
fraction of one hundred pounds
;
And
in respect of any year during the whole
of
which the price charged by
the Undertakers shall have been one penny
or
more below the standard
price the dividend payable by the Undertakers may
in
respect
of
each
whole penny by which the standard price hds beeii iedccecl be increased
above the standard rate by five shillings on every one hundred pounds
of ordinary paidtup capital
with
a
ten per centum standard rate
of dividend and
so
in proportion for sny fraction
of
one hundred
pounds.
(G.)
If
the clear profits
of
the undertaking in any year amount
to
a
larger
sum than is suficient to pay the prescribed rates the excess beyond the
sum necessary for that purpose may to the extent of one per centum
per annum upon the paid-up capital of the Undertakers be invested in
Governnient
or
other securities and the dividends arid interest arising
from
such securities shall
also
be invested in the same or like securities
in order that the same may accumulate at compound interest until the
fund
so
formed amounts
to
a
sum equal to one-twentieth part of the
paid-up capital of the Undeitakers which sum shall form an insurance
fund
to
meet any extraordinary claim demand
or
charge which may at
any time arise against or fall upon the Undertakers from accident strike
or
other sucli circumstance which in the opinion of
a
court
of
summary
jurisdiction due care and management Cdd not have prevented and
if
such fund be at any time reduced it may thereafter be again made
up
to
the said limit
as
often as sucli reduction happens Provided that when
and
so
often
as
the said fund reaches tlie said liniit of one-twentieth
part of tlie paid-up’capital the interest thereon shall
Le
carried to the
credit of the fund available
for
dividend Provided
also
that resort
may be had to the insurance fund to meet any extraordinary claim
demand
or
charge
as
aforesaid although such fund may not
at
the time
have reached
or
may have been reduced below the full amount of one-
twentieth as aforesaid.
(iv.)
If
the clear profits of
the
Undertaking in any year amount to
a
larger sum than is sufficient
to
pay the prescribed rates the excess
or
such portion
of
it
as is not carried to the insurance fund shall be carried
to the credit of the divisible profits of the undertaking
for
the next
following year.
6
[l
EDW.
'7.1
Gas
Orders
Confirmation
Act,
1901.
[Ch.
clv.]
(v.)
Where in any year the prescribed rates
on
the ordinary share capital AB.
1901.
or
stock of the Undertakers exceed the standard rates by
reasoli
of the
Hors~Gus.
price charged by the Undertakers for gas in such year being bdow the
1~o\~~er
to
standard price then
out
of
the amount
of'
the divisible profits
of
tlie
~,~~a~,~~~~~~
Undertakers applicable to the payment of such excess of dividends
catioii
thereof.
the Undertakers may in such year set apart such
sum
as they think
fit
by way of
a
reserve
fuircl
and all sums (if any)
su
set apart by the
Undertakers and
any
reserve or other fund
of
a,
similar character of the
LTndertakers existing
at
the specified &te in relation
to
the undertaking
may be invested in Government or other securities and the dividends
and interest arising from such secririties may also be invested in the
same
or
the like securicies
in
order that the saiiie
niay
accninulate at
compound interest and the fund
so
formed shall
be
called
I'
tlie reeerve
fund
"
and shall be app1,cal)le to the pityrncnt ot' dividend
in
any year
in which the clear profits of the Uudertakers shall be insufficient
to
enable the Undertakers in such year to pay the piem-ibed rates and
save
as
by this schedule specially provided no suin
sliall
in respect of
the undertaking in any year be carried by the Undertakers to any
reserve fund.
(vi.) Nothiug in this schedule contitined shall alter vary or affect my
S.tving
of
contract
or
agreement duly made or any liability incurrecl
or
notice
::$:iftb.
given before the specified date with respect to the
gasworks
of or the
supply of
gas
by
the
Undertakers.
NUNEATON
GAS.
Order
empoz~ering
the
iVtmeutoiz
Gas
Coi?~pa?~y
to
acquire
Nztnentoii
&s.
additional lcmds
for
the
storage
oj
gas
aid
to
wise
dclillioucil
CCqA
t
a
I.
1. This Ortler imy be cited as the Nuneaton
Gas;
Onlrr
1901.
Shoit
title.
2.
ThiJ Order shcLll come into force and have effect upon the
clay
m7hen
the
~ommmce-
Act conl'iiming this Order is passed which date
is
in this
Ordet
referred
"lent
Of
'''Ier.
to as
"
the commencsement
of
this
Order."
3.
The
Nuneaton Gas Act 1856
(in
this Order referred to a5 "the Act
Coustrucrion
of 1856
")
and this Order
sliall
be
construed togethtr except
so
far
as
siich
Of
Ortier.
coiistruction would be inconsistent with
or
repugnant to the provisioiis of
this Order.
4.
The several words terms and expressions to which by any Act in whole
~nterpretatioil.
or
iti part incorporated with this
Oiclev
ilrltl
by thcb Gas and Wilter
\Yolks
Facilities
Art,
18'70
ineanings
are
assignetl have tlie zihiiie respective rnraiiings
and in the construction
of
this Order or
of'
any such Act for
the
llurposcs
of
this Order the expression
''
tl,e untlertnhing
"
shall
include
the
additional
lands proposed to be used for storage
of
gas
by this Order authorised to
Le
acquired.
A4
7
[Ch.
clv.]
Gas
Orders
Oon$mtion
Act,
1901.
[l
EDW.
7.1
AD.
i!JOl.
5.
So
far
as
the same relate to the powers conferred by this Order the
provisions of the Companies Clauses Consolidation Acts 1845 and 1889 wit11
respect to the following matters (that is to say)
:-
-
Nuueutou
Gac.
Iiicorpw
ation
bf
Act\.
The distribution of the capital of the company into shares
;
The transfer
or
transmission of shares
;
The payment of subscriptions and the means
of
enforcing the pajment
of
The forfeiture
of
shares for non-payment of calls
;
The remedies
of
creditors of the company against the shareholders
;
The borrowing
of
money by the conipany on mortgage
or
bond
;
The consolidation of the shares into stock
;
The general meetings of the company and
the
exercise of the right
of
The makiug
of
dividends
;
The giving of notices
;
and
The provision to be made for affording access to tlie special Act by all
and Part
1
(relating to cancellation and surrender of shares)
Part
I1
(relating to additional capital) and I’art
I11
(reiating to debenture stock)
of the Compauies Clauses Act
1863
the Lands Clauses Acts except the provisions of the Lands Clauses Consolida-
tion Act 1845 with respect to the purchase aud taking of lands otherwlse
than by agreement and with respect to the entry upon lands by the promoters
of
the undertaking and the Gasworks Clauses Act 1847 and the Gasworks
Clauses Act lS71 are except where expressly varied
by
this Order incorporated
with and form part of this Order For the purposes of
such
incorpoiation the
tern1
special Act
in
the said Acts shall be construed to meail tliis Order
and the terni
‘‘
company
shall mean the Undertakers.
calls
;
voting
by
the shareholders
;
parties interested
;
Undertakers.
Undertakers.
6.
The Nuneaton Gas Company shall be the Undertakers for .the purposes
of this Order and are in this Order referred to as
the Undertakers.”
Capital.
7.
In
addition to the original capital of the Undertakers as defined
or
authorised by the Act of 188G they may raise any further bums (herein-alter
rLferred to as
the additional capital
”)
riot exceeding in the whole thirty-two
thousand
pourids
by the creation and issue of
new
ordinary
or
new preference
stock
or
wholly
or
partly
by
one or both cf those modes but no such new
stock created and issued under the authority of this Order shall vest
in
the
person or corpoiation accepting the same unless and until the full nominal
amount together with any preiiriums obtained upon the sale thereof as
herein-after provided shall have been paid in respect thereof Provided
that
It
shall
nut
be lawful for the Undertakers to create and issue under the
powers of this Order any greater nominal amount
of
capital than shall
be
L4dditioutrl
capital.
8
[l
EDW.
7.1
Gas
OT&~~S
Con$rmation
Act,
1901.
[Ch.
dv.1
sufficient to produce including any premiums wliich niay be obtained
on
the
A.D.
1901.
sale thereof the
sum
of thirty-two thousand pounds And provided also
-
that the Undertakers shall not create and issue within the year following
the confirmation
of
this Order any greater nominal amount of capital than
shall be sufficient to produce in manner aforesaid
six
tliousand four hundred
pounds
or
within any subsequent year five thousand one hundred and cweiity
pounds.
Nuneaton
Gas.
8.
If
in any year
or
years the Undertakers have not created and issued
Ifautlorised
capital to the full amount herein-before prescribed in relation
to
sucli year or
~~~~~o~~~~
years they may
in
any subsequent year create and issue in addition to the
amount
may
be
made up.
aniount prescribed for such year such a nominal amount of capital as shall be
sufficierit together with the amount then raised to produce in manner aforesaid
six thousand four hundred pounds in respect
of
the year following the
confirmation of this Order and five thousand one hundred and twenty pounds
in
respect of every subsequent year then expired.
9.
The Undertakers may subject to the provisions
of
this Order borrow
Additional
OD
mortgage in respect of the additional capital of thirty-two thousand
borro4ing
pounds by this Order authorised to be iaised hy the issue
of
ordinary or
preference stock any sum
or
sums
not exceeding in the whole one-fourth
part of tlie amount payable in respect of such additional capital
at
the time
actually issued including any premiums realised
on
the sale thereof but
no
part thereof shall be borrowed until stock
for
so
milch of the addit8ional
capital in respect of which such borrowing powers are sought to be exercised
together with any premiums realibed on the sale thereof' have been fully paid
up and the Undertakers have proved to the justice who
is
to certify under
the fortieth section of the Companies Clauses Consolidation Act
1845
before
he
so
certifies that such stock and premiums
(if
any) have been fully paid
up
and
upon
production to mch justice of the books of the Undertakers and
such other evidence
as
he may think suficient he shall grant
a
certificate
that the proof aforesaid lias been given which certificate shall be sufficient
evidence thereof.
powers.
10.
The Undertakers shall not have power to raise the money by this
~~t~~~~-
Order authorised to be borrowed
on
iriortgage
Gr^
by the issue of debenture
~~~~~f
stock or
any
part thereof by the creatioii of shares
or
stock instead of
money
into
borrowing or to convert into capital the amouiit borrowed under the pro-
visions of this Order.
capital.
t
11.
If
any money be payable to a stockholder mortgagee
or
debenture
Beceipt clause
stockholder being
a
minor idiot or lunatic tlie receipt therefor of the
~~*u",u,f,,
guardian
or
committee of his estate shall
ue
a
sufficient discharge to the
sui
juris.
Undertakers.
12.
The capital in new stock raised under the powers
of
this Order shall
New
stock
to
form
pert-of
capital.
Perm
part
of
the capital of the Undertakers.
9
[Ch.
c~v.]
Gas
Ordem
Confirmation
Act,
1901.
[l
EDW.
7.1
A.D.
1901.
13.
The Undertakers shall when any stock created under the pdwers of
this Order
is
to be issued and before offering the same to the holder
New
to
of
any other stock
of
the Undertakers and whether the ordinary stock
-
Funeaton
Gas.
be offered by
auction
or
tender.
Purchase
money
of
capital
sold
by
auction
to
be
paid within
three months.
Notice to be
given
lis
to
de
of
stock.
of
the Undertaker?,
is
at
a
preinium or not offer the same
for
sale
by
public auction
or
tender in such manner at such times and subject to
such conditions of sale as the Undertakers may determine Provided that
at
any such sale no single lot shall comprise inore than one hundred pounds
nominal value
of
stock and that the rrserved price put upon such stock
shall not be less than the noniinal value thereof and notice of the amount
of
such reserved price shall be sent by the Undertakers in a sealed
letter to the Board
of'
Trade not less than twenty-four hours before the day
of
auction or the last day for the reception of tenders
as
the case inay be
and such letter may be opened after such day of auction
or
last day
for
the
reeelhion
of
tenders and not sooner and
110
priority of tender shall be allowed
to
any holder
of
stock of the Undertakers except that
if
the bidding or offer
by tender
of
any holder
of
shares or stock in the capital of the Undertakers
be the sarue in amount as the biddiiig
or
oKer
by tender
of
any other person
for the same lot the bidding or offer by tender
of
such holder
sliall
be accepted
in preference.
14.
It shall be one
of
the conditions
of
any sale
of
stock under tliis
Order that the full price thereof including any premium given by any
purcliaser
at
such sale shall be paid to the Undertakers within three niontlis
after such sale.
15.
The intention to sell any stock
by
auction
or
tender under the provisions
of this Order shall
be
comiiiunicated by the Undertakers in writing to the
clerk of the Nuneaton and Chilvers Cotori Urban District Council and
to the Secretary of the Committee
of
the London Stock Exchange
at
least twenty-eight days before the day of auction or the last day
for
the
reception
of
tenders as the case may be and notice of such intention shall be
duly advertised by the Undertakers once in each
of
two consecutive weeks in
one
or
more newspapers circulating within the limits of supply.
Stock
not
sold
16. When any stock shall have heen ofhed for sale by auction or tender
auction
01'
under the provisions of this Order and not sold the mnie shall be offered
tender to be
offered
to
at the reserved price put upon the same respectively for the purpose of sale
Ytockholders*
by auction
or
tender to the holders
of
the ordinary stock of the
Undertakers in the manner provided
by
the Companies Clauses Act
1563
Provided that any stock
so
offered and not accepted within the time
prescribed by the said Act shall again be offered for sale Ly public auction
or
tender in the manner and subject to the provisions of
this
Order with
respect to the sale
of
stock created under the powers of tliis Order and the
reserved price p,ut
upon
such stock niay upon such second or any subsequent
auction or tender if the directors
of
the Undertakers think
fit
be less
than
the noininal value thereof and any stock not then sold shall be again offered
to the holders
01
ordinary stock
at
the last-mentioned reserved price and
so
on until the whole of
such
stock is sold.
10
[1
EDW.
7.1
Gas
Orders
Cor$%natiolz
Act,
1901.
[Ch.
clv.]
17.
Any
sum
of
money
which may arise from the issue of any stock
A.D.
1901.
under the provisions of this Order by way of premium after deducting
Nuneai&Ga,9.
therefrom the expensw of and incident to such issue
shail
not be considered
Application
as profits of the Undertakers but shnll be expended in extending or
of
premium
improving the works of tlie Undertakers
or
in acquiring t,he additional
ofstock.
lands herein-after referred to
or
in pa>yiiig
off
money borrowed or owing
011
iiiortgage by the Undertakers and shall not be considered
as
part of the
capital
of
the Undertakers entitled to dividend.
arising
on
sale
18.
Except
as
by
section
58
of'
tile Act
of
18SG
expressly provided the
Limits
of
Undertakers shall not in any
year
declaie
or
inniie out
of
their profits any
dividend
additional
011
larger dividend
on
the additional capital
as
defined by this Order than the
c~ital.
standard rates of dividend herein-aftcr
meii
tioned n:tmely seven pourids in
respect
of
every one hundred pounds actually paid up of
so
niuch of such
capital
as
may be issued
as
ordinary capital
arid
five pounds in
1
espect of every
one hundred pounds actually paid
up
of
so
much of such capital
as
may be
issued
as
preference capitaJ.
19. Jn case in any year or in any half ycar
(if
the Undertakers declare
Dividendson
a
dividend half-yearly) the net revenues of the Undertakers applicable to
~~~~~~~~*
dividend are insufficient to pay the full amount of the niaxiinum prescribed
paid rateably.
rate of dividend on each class of ordinary stock in the capital
of
tlie
Undertakers
a
proportionate reduction shall be
made
in the dividend of each
such class.
20.
The Undertakers
niay
create and issue debenture stock subject to the
Power to create
provisions of Part
111.
of the Companies Cliluse~ Act
1863
but notw4thstanding
~~~~~t'lre
anything therein
or
in any Act or Order previous to this Order contained
the interest of all debenture stock
at
any time after the commencement
of this Order cleated md issued
or
granted by the Undertakers under any
previous Act
or
Older
or
under tliis Order
or
any subsequent Act or Order
shall rank pari passu without respect
to
the dates
of
the securities
or
of the
Acts of Parliament Orders or resolutions
boy
which such debenture stock was
authorised Notice
of
the effect
of
this enactment shall be endorsed
on
all
certificates
of
debenture stock.
21.
A11 mortgages granted by the Undertakers under the authority
of
the
priority
of
Act of
1886
before the conmiencement
of
this Order arid subsisting
at
the
~~~~~&es,
date of such comti~enceiiient shall during the continuance of such mortgages
and subject to the provisiotis of the Act
df
P88G
have priotity over
all
mortgages granted untler the authority of this Order but nothing in this
section
shall
affect
ally
priority of ir,terest on any debenture sto,li
at
ally
time created and issued
by
the Uiidertakerh and nc,twiLlistantling anything in
the Act of
18Sli
contained
all
debenture stock at ally tiiiic created and issued
by
the
Undertakers after the cornmenceiilrnt
of
this Order whether under
the Act
of
1886 or
tliis Order shall rank pari passu.
11
[Ch.
ch.]
Gas
Orders
ConJimatwn
Act,
1901.
[l
EDW.
7.1
A.D.
1901.
--
Purchuse
of
Lands.
~-
ment.
Undertakers
may construct
works
for
manufacture
and storage
on
lands
described in
schedule.
Power
to
contract
for
the sale
of
gas in
bulk.
Purchase
of
the Under-
taking by the
Nuneaton and
Nuiteaton
Gas.
purchase
of
22.
The Undertakers may for the purposes
of
the Undertaking purchase
lands
by agree-
01’ take
on
lease
(by
agreement but not otherwise) and hold in addition to
the lands described in the schedule to the Act of
1886
and to this Order
respectively annexed any lands which they rnay require Provided they shall
not
at
any time hold for
such
purposes more than two acres of land
in
the
whole in addition to the lands described in the said schedules and that
they
shall not create or permit
a
nuisance on any such lands and that
no
lands
shall be
used
by the Undeitakels for the purpose of storing gas except the
lands described
in
the
said
schedules and ior the purpose
of
manufacturing gas
or residual products
no
lands shall be used by the Undertakers except the
lands desciibed in the schedule to the Act of
1886.
Lands
fbr
Construction
oj’
additional
Works
for
ill
unufucture
and
Storage
of
Gus.
23.
The
Undertakers may
on
the lands already acquired by them and
described in the schedule
to
this Order annexed uhile they are possessed of
the same construct erect maintain extend and enlarge gasholders apparatus
aud works for the storing of gas. and matters connected therewith and they
may subject to the provisions of this Order upon the said lands store gas and
supply and sell the same within the limits
of
supply and may sell and dispose
of the same at their works and elsewhere and they niay construct and
maintain and alter eniarge and renew
or
discontiiiue houses oflices buildings
and other works connected
with
the undertaking Provided always that
it
shall not be lawful for the Undertakers to manufacture gas on the lands
described in the schedule to
this
Order.
24.
The Undertakers may contract witli any local authority company
or
persolis beyond the limits of supply (but only with the consent in writing
of the local authority of and
of’
any company
or
person supplying
gas
under
Parliamentary powers within the district within which the supply
is
to be
given) for the supply
to
thern respectively of gas in bulk upon such terms
and conditions and for such periods not exceediug in any case seveu years
from the making of
tlie
contract as shali be agreed upon.
25.
If
the Nuneaton and Cliilvers, Coton Urban Uistrict Council (herein-
after ref’erred to
as
“the said district council
”)
desire to purchase the
undertahirig of the Unuertakers
at
any time within seven years from the
Chilvers
coton
commencement of this Order but not afterward3 and shall have been duly
Council.
authorised
and
empowered
so
to do and of such deaire give to
the
Under-
takers
six
months’ previcus nvtice
in
kvriting under their common seal the
Undertakers shall at the expiration of the said period of six months sell and
traiisfer
their undertaking
to
the said district council and the said district
couucil inay
and
shall purchase the same for such price and upon such terms
and coliditions as may be niutua,lly agreed upon
or
failing agreement as may
be
deternjiued by arbitration in accordance
witli
the provisions
of
the
TJrban District
12
[l
EDW.
7.1
Gas
Oders
Con$rmation
Act,
1901.
[Ch.
clv.1
Lands Clauses Acts with reipect to the settlement of questions of disputed
compenration and for the piirposes of such arbitration the said provisions
Nuneaton
GJ8.
shall be deemed to be incorporated herewith and in the coristruction of
the said provisions the expressions the promoter.;
of
the Uiidertaking
and “lands” shall
be
construed to mean respectively the said district
council and the undertaking of the Undertakers arid from and after
such sale of the undertaking
to
the said district council all the property
real and personal and
all
rights powers authorities duties ohligations and
liabilities
of
the Undertakers in respect of their undertaking held enjoyed
exercisable
or
to be performed by the Vnclertakers at the time
of
such sale
other than
and
excepting powers relating to share and loan capital and
of
general meetings iind directors
or
otherwise relating to the constitution or
management
of
the Undertakers shall subject to all liabilities then affecting
the same be transferred to and vested in and may and shall be enjoyed and
exercised and performed by the said district coiincil as though the same had
been acquired by and conferred upon the said district council instead of the
Undertakers Provided always that at any time after the collipletion of
such sale the district council shall when
sn
reqgired by any other sanitary
authority who shall have been duly authorised and empowered to piirchase
the same sell
to
such sanitary authority all gas-pil)es fittings and other
apparatus then belonging to the said district coiincil (other than siich pipes
fittings and other apparatus as may
bt.
required for the supply of any other
portion
of
the limits of supply) which shall
at
such time be laid or lie in the
district of such sanitary authority at such price and upon and subject to such
terms and conditions
as
may be :tgreed upon between the said district
council md such sanitary authority
or
failing agreement, as may be
determined
by
an arbitrator
tu
be appointed by the Local Government
Board on the application
of
either party and after such
sale
the powers
of the said district council to distribute
g~
within the district
of
such
sanitary authority and
all
their duties obligatioils and lia1)ilities with
reference thereto ,shall cease and
all
moneys received by the said district
council in respect
of
any such sale shall be applied
in
reilayinent of any
money borrowed
b.y
them
for
the purposes
of
the piirchnse of the said uncler-
taking or
(if
there be nnt any moneys
so
borrowed then remaining due) shall
be
placed
tq
the crelit of the district fund account of the said district
council and applied towards the discharge by means of
a
sinking fund
or
otherwise
of
any other principal inoneys which have been borrowed by the
said district council.
AB.
1901.
26.
No
penalty shall
be
incurred by the Undertakers for iusufficiency of
No
penalty
pressure defect
in
illuminating power
or
for
excess
of
impurity in the gas
in
nnavo,hble
case
of
supplied hy them in any case in which
it
is
proved that such insufficiency
cause.
defect
or
excess was produced
by
an unavoidable cause
or
accident.
13
[Ch.
c~v.]
Gas
Orders
Conjrmation
Act,
1901.
11
EDW.
7.1
A.D.
1901.
_-
27.
All the costs charges and expenses of and incidental to the applying
for
preparing obtaining
md
confirming this Order
and
cltherwise in relation
Nuneutnn GUS.
Costs
of
Order.
thereto shall be paid
by
the Undertakers.
Pinner Gus.
Short
title.
Commencc-
ment
of
Order.
Incorporation
of
Acts.
SCHEDULE.
The lands herein-before referred to are
as
follows
:-
All tliat piece
or
parcel of land situated in the parish of Nuneaton in
the county of Warwick containisg
by
admeasiiremeiit two acres
or
thereabouts bein5
R
close
or
field of pasture
of
land
numbered
871
on the 25-inch Orclnance niap 1999 for the said parish
of
Nuneaton
bounded on the north-east
or
one
side
thereof
by
hereditaments
belotiging
or
reputed to belong to the trustees
of
the late John Moore
Ernins Hackett and others on the south-east
or
one other side
thereof
Ly
land belonging or reputed to belong to the trustees of the
will
oE
the late R>icha;d Bird Nason on the south-west OY one other
8ide thereof
by
the Public Recreation Ground belonging or reputed
to belong
to
the Nuneaton and Chilvers Coton Urban District Council
and on the north-wcst or the remaining side thereof by hereditaments
belonging
or
reputed to belong to Alfred Nixon William
Orton
and
others.
PINNER
GAS.
1. This Order may be cited
as
the Pinner
Gm
Order 1901.
2.
This Order shall come into force and have effect upon the day when
the Act confirming this Order is passed which date
is
in this Order referred
to
as
"
the commencement of this Order."
3.
The provisions
of
the Lands Clauses Acts (except with respect to the
purchase and taking of lands otherwise than by agreement
and
with respect
to the entry upon lands
by
the promoters
of
the undertaking) and
of
the
Gasworks Clauses Act 1947
an(^
of the Gasworks Clauses Act 1971 are hereby
incorporated with this Order (except SO
far
as the same are ~aried
by
or
inconsistent with this Order).
14
[l
EDW.
7.1
Gas
Orders
Coqfirmatiom
Act,
1901.
[Ch.
clv.]
4.
In this Order the expression
the prescribed rates” means the rates
A.I>,
1901.
of
dividend authorised
by
this Order on the capital of the Undertakers
or
Pinl,f,Gns.
such rates as reduced or increased in accordance with the provisions of this
Interpretation.
Order and the several words terms ;ind expressions
to
which by any Act
incorporated with this Order or
1)y
meanings are assigned have in this Ordcr the same respective
meanings and in the construction of this Order or of any such Act
for
the purposes of
this
Order the expression the iinilertaking
includes the
gasworks and other works constructed under the authority
of
the Pinner
Gas Order
1S81
as
well
as
the works constructed altereil enlarged or renewed
untler the authority of this Order.
Undertakers.
5.
The Pinner Gas Company Ihiited shall be the
I
Jndertakers
for
the
Udertakerp.
~n~rposes
of
tiiis
Order and are in this Order referred tu
as
‘‘
the Undertakers.”
Additional
Capital.
6.
The
limitation prescribed
by
the Order of
1881
with respect
to
the
Additioual
capital.
amount
of
the share capital of the Untlertalicrs
ior
the purposes of the
undertaking
shall
not prevent the Untlertakers
from
i.;tisiiig for such purposes
further share capital (in this Order referred
to
as
the new capital
”)
not
exceeding thirty thousand pounds inclriding any premiums that may be
realised on the sale of any shares untler the provisions
of
this Order Provided
that the share capital of the Undeitakers in respect of their undertaking
shall not for such purposes exceed
in
the whole forty-two thousand eight
hundred pounds unless the Undertakers are hereafter authori\ed to raise
further share capital by Provisional Order under the Gas and Water Works
Facilities Act
18’70
or
by
Act of Parliament.
powers of this Order are to be issued and beforc offering the
saiire
to
stock
eo
be
the holder of any other shares or stock in the undertaking and whether
auctionor
the ordinary shares
or
stock
of
the undertaking arc or is at a premium
or
riot
offer the same for sale by public: auctioii
or
by
tender in such nrnnner at such
times and subject to such coliditions of
sale
as
the Undertakers inay by
special resolution determine Provided that at
any
such sale no single lot
shall comprise more than one hundred pounds nominal value
of
shares
or
stock and tlrat the reserved piice ])ut upon
hue11
shares
or
btock shall not
be less than the nomind value thereof ancl notice of tlir aiiiount
of
such
reserved I’rice shall be sent by the Undertakers in
a
waled letter to the Board
of
Trade not
ltss
than twenty-fonr hours before the day
of
auction
or
the
last day
for
the reception of tenders
as
the
cC:w
may be and such letter inay
be opened after such day of auction or last
clay
for
the reception
of
tenders
an6 not sooner and provided that
no
priority of tender shall
be
r~llo\~ ed
to
any holder
of
shares
or
stock of the undertaking except that
if
any
bidding
or
offer by tender made by any holder
of’
$hares or stock be
the
’7.
The Uiidertakers shall when any share> or stock created under the
Newvharesor
offered
by
tender.
15
[Ch.
c~v.]
Gas
Orders
Com$rmatioit
Act,
1901.
[I
EDW.
7.1
A.D.
1901.
Pinner
Gas.
Purchase
money
of
shares
or
stock
to
be paid
within three
months.
Notice to
be
given as
to
sale
of
shares
or
stock.
Share8
or
stock
not
sold
by
auction or
tender
to
be
otfered
to
stockholders.
Application
of
premium
arising on
issue
of
stock.
Limit
of
borrowing
powers.
same in amount as the biddiug or offer made
by
any other person for
the same lot the bidding
or
offer of such holder shall be accepted in
preference.
8.
It
shall be one of the conditions of any sale of shares or stock under
the provisions of this Order that the full price
of
such shares or stock
including any premium given by any purchaser
at
such sale in respect thereof
shall be paid
to
the Undertakers within three months of such sale.
9.
The intention
to
sell any such shares
or
stock by auction or
by
tender
under the provisions of this Orcier shall be conmunicated
by
tlie Undertakers
in writing to the clerk of every urban
or
rural district council having
jurisdiction within the limits of siipply and to the Secretary
of
the Committee
of the London Stock Exchange at least twenty-eight days before the day
of auction or the
last
day €or the reception
of
tenders as tlie case may be
and notice
of
such intention shall be advertised by the Undertakers once
in each of two consecutive weeks in one
or
more local newspapers circulating
within the limits
of
suppl:,.
10.
TPhen any shres
or
\tack
have been offered for sale
by
auction or
tender Tinder the provisions of this Order and not sold the same shall be
offered at the reperved price put
upon
the same for the purpose of sale
by auction or tender to the holders of the ordinary shares
or
stock of
the undertaking in such
m
inner
as
may
be prescribed by
a
special resolution
passed
by
the Undertakers Provided always that any shnies or stock
so
offered and not acce;)ted within the time prescribed by such resolution shall
again he ofered
for
side by public auctioii or tender in the manner and
subject to the provisions
of
this Order with respect to the sale
of
shares or
stock forming
p
Lrtr
14
ths
iiew capital and the reserve put upon such shares
or stock may up
m
any second or suhequent auction
or
tender
if
the directors
of the Undertakers think
fit
be less tha:i the nominal value thereof and any
shares or stock not then sold
shall
be again offered
to
the holders
of
ordinmy
shnres or st,oclr at the last-inzntioiied reserved price and
so
on until the whple
of such shares or htocli is
sold.
11.
Any sum
of
money arising from the issue of stock under the pro-
visions of this Order
by
\vny
of premium after deducting therefrom the
expenses of and incident to such issue shall not be considered
as
profits of the
Undertakers but shall be expended in extending
or
improving the works of
the Undertakers or in paying
off'
money borrowed or owing on mortgage
by
the Undertakers and shall not be considered
as
part
of
the capital of the
Undertakers entitled to dividend.
12.
The amount of
all
moneys borrowed
by
the Undertakers and secured
by
mortgage
of
the undurtwkiiig shall not at any time exceed in the whole one-
fourth
of
the amount
of
the capital of the Undertakers
at
the time actually
issued by shares or stock including any preniiurris that may be obtained on
the sale thereof under the provisions of this Order and
no
higher rate
of
16
(1
Em.
7.1
Gas
0r.tZer.s
Conjirmation
Act,
1901.
[Ch.
cIv.1
interest than fire pounds per centuni per annuin shall be paid by the Under-
takers without the consent
of
the Board of Trade in respect of any moneys
borrowed by the Undertakers after the conimencement
of
this Order and
secured
as
aforesaid.
A.D.
1901.
13.
Except as otherwise in accordance with the provisions of this Order
Limits of
dividend
exprecsly provided the Undertakers shall not in any year declare or make
on nem
out
of their profits any larger dividend on their new capital than seven
pounds in respect of every one hundred pouncls actually paid up of
so
much
of
the new capital as may be raised as ordinary capital
or
five pounds in
respect of every one hundred pouncls actually paid up
of
so
niuch of the new
capital as may be issued
as
preference capital.
14.
In case in any year or in any half year
if
the Undertakers declare
R
Dividends
oil
different
dividend half yearly the net revenues of the Undertakers applicable to classes
of
dividend are insufficient to pay the full amount
of
the prescribed rate
of
sharestobe
dividend on each class
of
ordinary shares in the capital of the Undertakers
a
proportionate reduction shall be made in the dividends payable on each
class.
paid
rateibly.
P~icc
oj
Gus.
15.
As from the first quarter day after the commencement
of
this Orcler
Price
of
gng.
section
14
of
the Order
of
1881
is hereby repealwl and the price to be
charged by the Undertakers for gas supplied by them shall not exceed five
shillings and two pence per thousand cubic feet and
so
in proportion for any
less
quantity supplied Provided that at any time after the expiration of
three years from the commencement of this Order the Eonrcl of Trade may
if
they think
fit
by order in
writing
signed by
-a
secretary or assistant
secretary of the said Board alter the maximum price either
by
substituting
any other sum fcr the said sum
o€
five shillings and two pence
or
by prescribing
a
standard price with sliding scale
as
to profits and
as
frnm the date specified
in such order (herein-after referred to as
the specified clate”) the price to
be charged by the Undertakers for gas supplied by them shall
be
in accordance
with such order Provided further that in case such orcier shall prescribe
a
standard price with sliding scale
as
to profits then
as
from the specified date
the provisions set forth in Schedule
B
to
this Order annexed shall be in force
ancl have efect and this Orcler
shall
be read arid construed accordingly
A
copy of such order macle
by
the Board
of
Trade shall be published in the
London Gazette
and
a copy
of
the
said Gazette containing such order
shall
be
conclusive evidence of the due making and validity
of
the same and of the
aontents thereof.
Qzcctliiy
of
Gas.
16.
As
from the coniinenceixent
of
this Order section
13
of
the
Order
of
Qa-lity
dpi.
1581.
is hereby repealed and the prescribed number of candles shall be not
less than fifteen.
l3
17
[Ch.
clv.]
Gas
Orders
Coszjrmation
Act,
1901.
[l
EDW.
7.1
A.D.
1901.
Pwchuse
of
Land.
Pinnet-
Gas.
17.
The Undertakers may
for
the purposes
OF
the undertaking purchase
or
pnrchaseaddi-
take. on lease (by agreement but not otherwise) and hold in addition to the
tionalland*
lands described in the schedule to the Order of
1881
and Xchcdule
A
to this
Order any lands which they may require Provided that they shall
not
at
any time hold
for
such purposes more than three acres of land in the whole
in addition to the lands described in the said schedules and that they shall
not create
or
permit a nuisance on any such lands and that no bnds shall
be
used by the Undertakers for the purpose of manufacturing
gas
or
residual
products
or
storing
gas
except the lands described in the said schedules.
-
Power
to
Construction
of
Additionul
Gasworks.
Undertakers
18.
The Undertakers on the lands shown on the map deposited for the
may maintain
and
continue
purposes of this Order and described in Schedule
A
to
this Order while they
gasworks
on
are possessed of the same map construct erect make and maintain alter and
in
schedule
enlarge retorts retort houses gasholders rcceivers purifiers meters apparatus
andmay
make
and works
for
the manufacture and storage of
gas
and
of
coke and
and
sell
gas
&c.
lands described
For
protection
of
London
and
North Western
Netropolitan
and
Harrow
and
Uxbridge
Itailwag
Com-
panies.
ammoniacal liquor and other residual products obtained in the manufacture
of gas and matters producible therefrom and they may subject to the provi-
sions of this Order make and store gas on such lands and supply and sell the
same within the limits of supply and may on the same lands manufacture
and store tar coke pitch asphaltum ammoniacal liquor oil and such other
residual products
a?
aforesaid and may sell and dispose
of
the same at their
works
and elsewhere and they may also construct and maintain alter enlarge
renew
or
discontinue houses offices buildings and other works connected with
the undertaking.
19.
Tlic
following provisions for the protection
of
the London and North
Western Railway Company Metropolitan Railway Company and Harrow and
Uxbridge Railway Company (herein-af ter respectively referred to as
"
the
railway company
")
shall be in force and have effect and be binding on the
Undertakers
:-
In laying down
or
in effecting the repairs
or
renewals of any mains or
pipes
or
in executing any other works ~hich the Undertakers are
authorised to do under this Order upon across over under or in any way
affecting any railway lands
or
property now
or
hereafter belonging to
or
worked or occupied by the railway company or the bridges approaches
stations or other works
of
any such railway the same shall be done under
the superintendence and to the reasonable satisfaction
of
the principal
engineer
of
the railway company and only aceording to such plans
as
shall be previously reasonably approved by him and jn all things by and
st
the expense
of
the Undertakers who shall also make good and repair
the
roads
over any such bridges and approaches which the railway
company are
or
may be liable to maintain and m~hich may be disturbcd
0;
iriicrfered with by
or
owing
to any operations of the Undcrtakers and
18
[l
EDW.
7.1
Gas
Orders
Coi$rrnntioiz
Act,
1901.
[Ch.
clv.]
all
such
works
matters and things shall he constructed executed and clone
so
as
not to cause any injury to
any
such railway bridges stations works
lands
or
property
or
interruption
to
the passage or conduct of traffic
over any such railway
or
at
any station thereon And
if
any such inter-
ruption
or
injury shall arise the Undertakers sliall make compensation
to
the railway company in respect thereof the amount of such com-
pensation together with full costs to be recoverable by the railway
company from the Undertakers by
all
and the same means
as
any
simple contract debt
is
recoverable.
A.D.
1901.
Pi,Lz7-Gtro.
Miscel
luneous.
20.
(1)-The Undertakers may at their
works
or
elsewhere purchase hire
Power
to
Undertakers
supply sell
or
let on hire (but shall not nianufacture) gas meters fittings
to
engines dynamos gas stoves and cooking and other apparatus and may also
~~~~?~~f~~
purchase hire sell let deal in and contract for doing work in connexion with
apparatus.
(but shall not manufacture) fittings tubes meters pipes apparatus stoves
ranges and apparatcs
for
heating
for
domestic and other purposes by means
of gas and
all
articles
and
things in any way connected with gasworks
or
with the supply use
or
consumption of gas and may take charges and
remuneration in respect thereof.
not be subject to distress or to the landlord's remedy for rent
or
be liable
distreis.
to be taken in execution upon any process
of
any court
or
any proccediiigs
in bankruptcy against the persons in whose possession the same
inay
be
Provided that such fittings have upon them respectively
a
distinguishing
metal plate afixed to
a
conspicuous part thereof
or
a
distinguishing brand or
other mark conspicuously impressecl thereon sufficiently indicating that tlic
Undertakers are the actual owners thereof.
only for the purposes of the Undertaking within the limits of supply and
~~~~nf~~
U"
not
so
as
to acquire any exclusive right therein) contract for take ancl use
any leave licence or authority to
work
usc exercise and put in practice any
invention under letters patent heretofore made
or
hereafter to be made
granting any right
or
privilege
of
working using
or
vending any invention
in relation to the manufacture supply or distribution
of
g-ns
or the conversion
manufacture or utilisation of any product obtainable in
or
arising from
such manufacture or production or from the materials used therein.
(2)
Any fittings let for hire under the provisions
of
this section sliall
Fittinss
not
be
subjwt
to
21.
The Undertakers may subject to the provisions of this Crder (but
Iloner
to
22.
The Undertakers inay contract with any local authority company
or
poncr
to
pei*sons beyond the liinits
of
supply (but only with the consent in writing
~''~t~~~,~~'ln
of
the local authority of and of any company
or
person supplying
gas
under
bull.
parlianientury
powers
within tllc district within which the supply is to
be
afforded)
for
the supply to tlieiii respcctively
of
gas in hulk iipoii such terms
and
cor!clitions
niicl
for
such periocls not exceeding seven years
frum
the
iiia'cixg
of the contract
as
inay be agreed upon I'rovicled
that
no contract
entered into unclcr
this
section sliall entitle any locnl authority coiiipariy
B2
19
[Ch.
c~v.]
Gas
Orders
Con$rmation
Act,
1901.
El
EDW.
7.1
A.D.
1901.
or
person
to
demand and the Undertakers shall not give a supply of gas
Gas. if and
so
long
as
such Supply would prejudice the supply
of
gas by the
Undertakers within the limits of supply.
23.
In
tbe event
of
any meter used by a consumer
of
gas
being tested in
manner provided by the Sale
and
being provecl to register
erroneously within the meaning of the ssicl Act suc!i erronenus registration
shall be deemed
t:,
have first arisen during the last preceding quarter of the
year unless it be proved
to
have first arisen during the current quarter The
amount
of
the allowance
to
be made to
or
of
the surcharge
to
be made upon
the consumer by the Undertakers shall be paid by
or
to the Undertakers to
or
by the consumer
as
the case may be and
sliall
be
recoverable
in
like
manner
as
gas
rents are recoverable by the Undertakers.
-
l’eriod
of
error
meteri.
in
defective
(::as
consu~em
24.
Twenty-four hours nohe in writing shall be given
to
the Undertalkers
to
L-ndertnkers
by every gas consuiner before he
shall
quit any premises supplied with gas
by meter by the Undertakers
and
in default
of
such notice the consumer
so
quitting shall be liable
to
pay
to the Undertakers the money accruing
due in respect
of
such supply up
to
the next usual period
for
ascertaining the
register
of
the meter on suc!i premises
or
the date from which any subsequent
occupier
of
such premises shall reqnire the Undertakers to supply
gas
to
such
premises whichever shall first occur Notice
of
the effect of this enactment
shall be endorsed upon every demand note
for
gas rent.
to give
notice
before
remo.i.ing.
R’oticc
of
discontinnzxice.
25.
A
notice
to
the Undertakers from
a
consumer for the discontinuance
of
a
supply
of
gas
shall not be of any effect unless
it
be in writing signed by
or
on behalf
of
the consumer and be left at
or
sent bp post to the office
for
the time being of the Undertakers.
Power
to
26.
If
a
person requiring
a
supply
of gas from the Undertakers has
r,:ruscx
to
8npIlly
previously quitted premises
at
which gas was supplied
to
him by them
debt
for without paying to them
all
gas
or meter rent
or
other moneys due from
cltlier
property.
him
to
the Undertakers they may refuse to furnish
to
him
a
supply of
gas
until he pay the same.
27.
All the
costs
cliarges
and expenses of allcl iucidenta:
to
the applying
for. preparing obtaining 2nd confirming this Order and otherwise in relation
theret.0 shall be paid by the Undert’akers.
cozt,qo!
:)rder.
[l
EDW.
7.1
Gas
Odem
Co?@rmntion
Act,
1901.
[Ch.
clv.]
-4.D.
1901.
-
SCHEDULES
referred
to
in
the
foregoing
Order.
I’i?iwr
Gus.
SCHEDULE A.
Gas
LANDS.
Land
fox
Additional
Gasworks.
A piece or parcel of land containing one acre three roods thirty perches
01‘
thereabouts numbered
108
on the
m*m
Ordnance slicet BIiddleses
X
G
2nd edition
1896
situate in the parish of Pinner in the county of Middlesex
and adjoining the existing gasworks
of
the Company and bounded on the
norrh
by
land belonging
or
reputed to belong to
S.
H.
Garrard
on
tlie west
by
land belonging
or
reputed to belong to A.
B.
Marsball on the south-east
by cottages and premises belonging
or
reputed to belong to the Metropolitm
Nailway Company and
as
to the remainder partly by the existing gasworks
of
the Undertakers and partly by
a
public road known
as
Eastcote Lane.
SCEIEDULE
B.
The foregoing Order shall after the making
by
the
Board
of
Trade
of
an
order in pursuance of the provisions in that behalf therein contained
prescribing
a
standard price for gas supplied by the Undertakers with
sliding scale
as
to profits and
as
from the specified date
be
read and construed
subject to the modifications following
:-
(1)
Sections thirty to thirty-four both iucliisive of the Gasworks Clauses
sectic:,.:
thirty
Act 1547 shall cease to be incorporated witli
or
to form part
of
the
$:i:::;$>ir
foregoing Order and in construing the said Act for the purposes of Clausrs-lct
the foregoing Order section t,hjrty-five
of
tlie
said
Act shall be read to
beinc,,r-
ad
construed
as
though the words from
‘‘
in case the whole
down to porated.
“have been paid” all inclusive had been omitted therefrom and
as
though the expression
the prescribed rate
included the prescribed
rates
as
defined by the foregoing Order together with
any
sum which
under the provisions of this schedule might lawfully be carried to the
insurance fund.
(2)
Notwithstanding anything contained in the foregoing Order the
Price
gnq
standard price to be charged by the undertakers for
gas
supplied
~~L~~~f~~~
by
such order of the Board
of
Trade
as
aforesaid per thousand cubic
feet
:
Provided that the Undertakers inay increase or reduce the price so
charged by them fdr
gas
above or below the standard price subject
t.o
n
1847
to
cease
by
them to private consumers by meter shall be the price prescribed
di5.-
wleod.
B3
21
[Ch.
C~V.]
Gus
Orders
Confirmation
Act,
1901.
[1
'EDw.
7.1
A.D"
1901.
Pihiter
Gas.
reduction
or
incwase in the dividend payable by the Undertaksrs
OIA
the
ordinary share capital
as
follows
:-
--
In respect of any year during the whole
of
which the price charged
by the Undertakers shall have been one penny
or
more below the
standard price the dividend payable by the TJndertakera may in
respect of each whole penny by which the standard price has been
reduced be increased above the standard rate by five shillings on every
one hundred pounds
of
ordinary paid-up capital with
a
ten per centuni
standard rate
of
dividend and three shillings and sixpence on every
one hundred pounds of ordinary paid-up capital with
a
seven per
centum standard rate
of
dividend and
so
in proportion for any fraction
of
one hundred pounds
;
In respect of any year during
any
part
of
which the price charged
by the Undertakers shall have been one penny
or
part
of
a
penny
above the standard price the dividend payable
by
the Undertakers
shall in respect
of
each penny
or
part of
a
penny
by
which the
standard price has been increased be reduced below the standard rate of
dividend by five shillings on every one hundred pounds of ordinary
paid-up capital with
a
ten per centum standard rate of dividend and
three shillings and sixpence on every one hundred pounds
of
ordinary
paid up capital with
a
seven per centuni standard rate of dividend and
so in proportion for every fraction
of
one hundred pounds.
1F
profits
exceed
amount
limited
~XCCSS
~imy
be
invested
and
form
an
insur-
awe
fund.
(3)
If
the clear profits of the undertaking in any year amount
to
a
larger
sum than is suficient to pay the dividend on the ordinary capital
at
the
standard rate the excess beyond the sum necessary for that purpose may
subject to the provisions of this Order from time to time be invested in
Government
or
other securities and the dividends and interest arising
from such securities shall also be invested in the same
or
like securities
in order that the same may accumulate
at
compound interest until the
fund
so
formed amounts to
a
sum equal
to
one-twentieth part of tte
paid-up capital
of
the Undertakers which sum shall fmm an insurance
fund to meet any extraordinary claim demand
or
charge which may at
any time arise against or
fall
upon the Undertakers from accident strike or
other such circumstances which in the opinion
of
a
court of summary
jurisdiction due care and management could not have prevented and
if
such fund be at any time reduced
it
may thereafter be again made up
to
the said limit
as
often
as
such reduction happens Provided that
when
and
so
often as the said fund reaches tlle
said
limit
of
one-
twentieth part
of
the paid-up capital the interest thereon shall be
carricd to the credit
of
the fund available for dividend Provided
also
that, resort may be had
to
the insurance fund to meet any extraordinary
claim demand
or
charge
as
aforesaid although such fund may not at the
time have reached
or
may have beeu reduced below the full amount
of
one- twentieth
as
aforesaid.
22
[I
EDW.
7.1
Gas
Orders
Conjrmntiofa
Act,
1901.
[Ch.
c~v.]
(4)
If
the clear profits
of
the undertaking in any year amount to
a
larger *aD*
-
lgol*
sum
than
is
sufficient to pay the dividend at the standard rate the excess
Pinner
G~S.
or
such portion
of
it as is not carried to the insurance fund shall be
~~~~$~&~f
carried
to
the credit
of
the divisible profits of the undertaking for the
rate over
of
standard divi-
next following year.
dend.
(5)
Where in any year the dividend on the ordinary capital of the
Powertocreate
Undertakers shall exceed the standard rate by reason of the price
,"9~~~y~~d
charged by the Undertakers for gas
in
such year being below the
dendsinexcess
standard price then out of the amount
of
the divisible profits
of
the
rateofdividend
Undertakers applicable to the payment of such excess of dividends
;;';$!'lication
the Undertakers may subject to the provisions
of
this Order in such
year set apart such sum as they think
fit
by way of
a
reserve fund and
all sums (if any)
so
set, apart by the TJndertakers and any reserve
or
other fund of
a
similar character
of
the Undertakers existing
at
the
specified date in relation to the undertaking rnay be invested in Govern-
ment or other securities and the dividends and interest arising froin
such securities may
also
be invested in the same
01'
the like securities in
order that the same may accumulate at compound interest and the fund
so
formed shall be called
"
the reserve fund
"
and shall be applicable to
the payinerit of dividend in any year in which the clear profits of the
Undertakers shall be insufficient to enable the Undertakers in such
gear to pay the dividend at the standard rate and save
as
in this Order
provided no sum shall in any year be cdrried by the Undertakers to
any
reserve fund.
contract
or
agreement duly made or any liability incurred or notice
given before the specified date with respect
to
the gasworks
of
or
the
supply of
gas
by
the Undertakers.
of standard
(6)
Nothing
in
this schedule contained shall alter vary
or
affect any
Savingexisting
SWAFFHAM
GAS.
Ordel*
uzcthoi*ishg
the
ntaintemnce
aizcl
continzcnnce
of
gaszoorks
sra#ha,,,
G~~.
in
t?z
purish
and
zc~ban
district
o,f
Xzoafhum
itz.
the
coufzty
of
Norfolk.
Preliminary.
1.
This Order
may
be cited
as
the Swaffham
Gas
Order
1901.
Short
tilie.
2.
This
Order shall come into force
and
have effect upon the
day
when the
Commence-
Act confirming this Order
is
passed which date
is
in this Order referred to
as
ment
Of
Order*
the commencenient
of
this Order."
B4
23
[Ch.
c~v.]
Gas
Orders
Coifimtatioit
Act,
1901.
[I
EDW.
?.I
AB.
100E.
3.
The provisions of the Lands Clauses
Acts
(except with respect to the
,qzuafhamGas,
purchase and taking of lands otherwise than by agreemelit and with respect
Incorporation
to the entry upon lands by the promoter; of the undertaking) of the
Gasworks Clauses Act 1547 and of the Gasworks Clauses Act
are
af
Acts.
except
so
far
as
the same respectively are expressly varied
by
the provisions
of
this Order incorporated with and form part
of
this Orcler And the snid
provisions
of
the said Gasworks Clauses Acts shall apply
as
well to the
mains pipes and works of the Undertakers laid down or constructed before
the commencement of this Order and situate within the limits of supply
as
defined by this Order
as
to any mains pipes
or
works which
may
be
laid down or constructed under the authority of tliis Order.
4.
In this Order the expression “the prescribed rates
rneans
the rates of
-
Interpretation.
Limits
of
supply.
LTndertakere.
dividend authoriseJ
by
this Order
on
tli-c capital of the Undertakers
or
such
rates
as
reduced or increased in accordance with the provibions
of
this Order
and the several words teriiir and expressions
ho
wliicli
113-
any Act in wliolc
or
in part incorporated with this Order and by the
Gas
and Water Works
Facilities Act 1570 meanings are assigned have tlie same respective meanings
and in the construction
of
this Order or
of
any such Act for the purposes
of this Order the expression “the undertaking
shall include the gasworks
and works connected therewith by this Order mthorised to be Constructed
maintained and continued.
5.
The limits within which the provisions
of
this Order shall be in force
ancl have effect (in this Order referred to as “the limits
of
supply
”)
shall be
the urban di&rict ancl parish
of
Swaffham in the county of Norfolk.
Unde~takem.
B.
William
Henry
Plowrigh t of Swaffliam in the county of Norfolli
machinist Eleanor Plowright
of
Swaffham aforesaid ~t7iclotv
as
executrix
of Henry Plowright late of Swal€ham aforesaid and Philip Beestoii
of
hlileham in the said county of K‘crfolk grocer carrying cn business
as
the Swaffhain Gas Light and
Coke
Conipany and the survivors and survivor
of
them
or
the executors or administrators of such survivor their or
his
assigns
shall be the Undertakers for the purposes of this Order and are in this Order
referred to
as
(‘
the Undertakers
Provided t’liat if the undertaking
is
at
aiiy
time assigned to any other body company
or
person such body coinpany
or
person shall froni the date
of
sucii
assigninent be the Undertakers for the
purposes
of this Order in lieu
of
t!ie person
or
persons above incntioneci
But no such assignment shall have any validity
or
effect until after the
approval
of
the Board
of
Trade to such assigninent has been signified in
Tvriting signed
by
a
secretary or
a11
assistant secretary of the said Board
Provid.ed that nothing in this Order ccintained shall prevent the Undertakers
1,orroIviug money on the security
of
mortgages of the undeitaking not
csceeding th!: miount by this Order prescribed or shall
make
tlie corisent
01-
approvnl of tile
3card
of
Trade necesqary to the validity
01-
effect of any
such mortgage.
24
[l
EDW.
7.1
Gtzs
Orders
Conjrmntivic
-4ct,
1901.
[Ch.
dv.]
A.D.
KJUl.
CapitcLl.
-
7.
The capital
of
the Undertakers for the purposes of the undertaking shall
SW@haw
Gas
not exceed five thousand pounds consisting
of
the capital already expeaded
Capita’*
on the undertaking
by
the Undertakera amounting to two thousand five
hundred pounds (in this Order rzferred to
as
“the original capital
”)
and
of
sdditional cdpitil (in this Order refcrred to
as
‘I
the additional capital
”)
not exceeding two thousand five hundred polinds unless the Undrrtakers are
hereafter authorised
to
raise
for
such purposes further additional shue capital
by
Provisional Order under the
Gas
and Water Works Facilities Act 1970 or
by Act of Parliament.
S.
If
and
so
long
as
the undertaking
is
carried on
by
an individual or
hfeuniug
0%
paid-up
individuals
as
Uiidertzkers and not
a
duly constituted company in the
capitJl.
construction of the provisions of the Gasworks Clauses Act
184’7
and of the
with respect to the amount of profits to
be
received
by
the Undertakers vhen the gasworks are carried on
for
their
benefit and in the construction
of
this Order the expression
paid-up capital
of
the undertaking” shall
b-
dee1nc.d to mean
so
much
of
the capital
authorised
by
this Order including the original capital of the Undertakers
as
has
actually been expended or is actually being used
for
the purposes
of the undertaking.
9.
All additional capital issued subsequent
60
the date
of
any assignment
Issue
cf
addi-
(not bzing an assignment
by
way
of
security for money borrowed on
ineventof
mortgage
of
the undertaking)
of
the undertsking to
a
duly constituted
assignment of
company sliall be issued subject to the following conditions and provisions
:-
undertaking.
(i) The Undertakers shall when
any
sliarzs forming part of the additional
New
shares
IC*
be
offered
hg
capital are to be i.;soed and before issuing the sa-me to the holder
of
any
auction
or
other shares or stock of the Undertakers and whether the ordiiiary
tender.
shares or stock of the Undertakers are
at,
a
premium or not
offer
the
same for
sale
by
public auctiun or tender in snch manner at such
times and subject to
suck
conditions of
sale
as
the Undertakers inay
by special resolution determine Provided that at any such sale no
single lot shall comprise more than one hundred pounds noniinal value
of
shares and that the reserved price put upon such shwes shall not
be
lcss
than the nominal valus thereof ancl notice of the amount
of
such
reserved price sllall be sent by tlie Undertakers in
a
sealed letter to the
Board
of Trade not les3 than twenty-four hours before the day
of
auction or the last
day
for
the reception of tenders
as
the case may be
and such letter may be opened after such day of auction or last day
for the reception
of
tenders
as
the case may be and not sooner and
providect that no priority
of
tendcr shall be allowed to any holder
of
shares
of
the Undertakers except that
if
any bidding or offer
by
tender
of
any holder of shares or stock
of
the Undertakers be the
same in am9unt
as
any
bidding
or offer
c~f
any other person the bitlcling
or offer of snch holder s!iall
be
acwpted
in
preference.
tional capital
25
A.D.
1901.
Swaflaoi
Gas.
Pdrchase-
money
of
shares
to
be
paid within
three months.
Totice to be
given as to
sale
of
shares.
-
Shares not
sold by auction.
or
tender
to
be offered
to
shareholders.
Application
of
pfemiuni
arising
on
issue
of
shares.
Limits
of
dividend
on
capital.
[Ch.
Clv.1
Cas
0rtlei.s
Coi$r*rrietiniz
Act,
1901.
[I
EDW.
7.1
(ii)
It
shall be one
of
the conditions
of
any sale of shares under the
provisions of this Order that the full price
of
each share including any
premium given by any purchaser
at
such sale shall be paid to the
TJndertakers within three months after such
sale.
(iii) The intention to sell any shares by auction
or
tender under the
provisions
of
this Order sliall be communicated by the Undertakers in
writing to the clerk of every local authority having jurisdiction within
the limits
of
supply and
to
the Secretary of the Committee of the
London Stock Exchange
at
least twenty-eight
days
before the day of
auction
or
the last
day
for the reception
of
tenders
as
the case may
be and notice of such intention *hall be duly advertised by the
Undertakers once in each
of
two consecutive weeks in one
or
more
newspapers circulating within the limits
of
supply.
(iv) When any shares hme been offered for sale by auction or tender
under the provisions
of
this Order ancl
not
sdd
the same shdl be
offered
at
the reserved price put upon the same respectively for the
purpose
of
sale by auction
or
tender
to
the holders of the ordinary
shares
or
etock
of
the Undertakers
in
such manner
as
may
be
prescribed by
a
special regolution passed
by
the Undertakers Provided
that any shares
so
offered and not accepted within the time prescribed
by
such resolution
shall
again be offered for sale by public auction
or
tender in the manner and subject to the provisions
of
tliis Order with
respect to the sale
of
shares forming part of the additional capital and
the reserved price put upon such shares may
upon
such second
or
any
subsequent auction
or
tender
if
the directors
of
the Undertaking think
fit
be less than the nominal value thereof and any shares not then sold
shall be again offered to the holders
of
ordinary shares
at
the last-
mentioned reserved price and
so
on
until the whole of such shares are
sold.
(v) Any sum
of
money which may arise from the issue
of
any shares under
the provisions
c.f
this Order by way
of
premium after deducting
therefrom the expenses
of
and incident to such issue shall not be
considered
as
profits of the undertakers but shall be expended in
extending
or
improving the works of the Undertakers
or
in paying
off
money borrowed or owing on mortgage by the Undertakers and shall
not be considered
as
part
of
the
capital
of
the Undertakers entitled to
dividend.
10.
The Undertakers shali not in any year make out
of
their profits any
larger dividend on the said original and additional capital than the standard
rates
of
dividends hereinafter mentioned namely ten pounds in respect
of
every one hundred pounds
~f
such original capital and seven pounds in
respect
of
every one hundred pounds of such additional capital
as
is actually
paid up Provided that if and
so
long
as
the undertaking
is
carried
on
by an
individual
or
individuals as Undertakers and
not
by
a
dilly constituted
26
[l
EDW,
7.1
Gas
Orders
Conjrmation
Act,
1901.
[Ch.
clv.]
company in the construction of this section the expression
'(
actually paid A.D.
1901.
up
"
shall
be
deemed to mean actually expended on
or
actually being used
suraflTGns.
for
the purposes
of
the undertaking.
11.
Tlie amount
of
all moneys borrowed by the Undertakers and secured
Limit
of
by iuortgage
of
the undertaking
shall
not at any time exceed in the whole
b,y;zzg
one-fourth
of
the amount of tlie capital of the undertakers actually paid
up
and no higher rate of interest than five pounds per centuni per annum shall
be paid by the Undertakers without the consent of the Board of Trade in
respect of any moneys borrowed by the Undertakers after t,he commencement
of this Order and secured
as
aforesaid.
Purchase
of
Lunds.
12.
The Undertakers may for the purposes of their undertaking authorised
Purchase
of
by
this
Order purchase or take
on
lease (by agreement but not otherwise)
and hold in addition
to
the lands described in the schedule
to
this Order any
lands which they may require Provided they shall not
at
any time hold for
such
purposes under the powers granted to them by this Order more than
two
acres of land in the whole in addition to the lands described in the said
schedule and that they shall not create
or
permit
a
nuisance on any such
lands and that no lands shall be used by the Undertakers
for
the purpose of
manufacturing
gas
or
residual products
or
of storing gas except the lands
described in the said schedule.
JIui?ttenmace
and
Coritirmance
of
Gasworks Munujucture and
Sale
of
Gas Coke
and
Residual
Products.
13.
Subjcct to the proviso herein-after contained the Undertakers
on
the
Undertakers
lands shown on the map deposited
for
the purposes of this Order and described
~~~~~~'$'
in the Schedule
A
annexed to this Order while they are possessed
of
the same
gasworks
on
lands
described
may maintain and continue alter improve enlarge extend and renew
or
inschedule
discontinue their existing gasworks and works connected therewith and may
and may
make
and
sell
gas
construct erect make and maintain alter and enlarge retorts retort houses
kc.
gasholders
receivers purifiers meters apparatus nnd works
for
tlie manufacture
and storage
of
gas
and
of
coke and other residual products obtained in the
manufacture of
gas
and matters producible therefrom and they may subject
to
the provisions of this Order upon the said lands make and store
gas
and
supply and sell the same within the limits
of
supply and may manufacture
store sell and deal in lime
tar
coke pitch asphaltum and ammoniacal liquor
oil and all other residual products obtained in the manufacture of gas and
matters producible therdrom and they may construct and niaintain alter
extend enlarge and renew
or
discontinue houses offices buildings and other
works
connected with the undertiking.
27
[Ch.
c~v.]
Gtrs
Orders
Co?zyfimntion
Act,
1901.
[l
EDW.
7.1
lC@l.
14.
For
the protection of the Great Eastern Railway Company (herein-aftcr
~~~fi~~
G~~,
called "the railway company
")
the
following provisions shall apply
ad
For
the
pro-
leetion
of
the
Great
Eastern
l{aiImy
Company.
-
have effect
:-
(1)
Before laying down
or
esecuting
or
effecting the repairs or renewals
of any mains pipes or other ~voi-ks in the exercise
of
the powers contained
in this Ordcr upon across over uuder or in any
way
affecticg the railway
lands
or property now
or
hereaftcr belonging to or used by the iailway
compaiiy
arid
bcfore entering up011 the said railway lands and property
the Undertakers shall give
at
least fourteen
days'
notice in writing to
the railway colripany of their desire
so
to
do
and shall before such entry
for the purposes aforesaid or any of them obtain the mitten consent
thereto of the railway company under the hand
of
their priucipnl
engineer
for
the time being except in case of emergency in which case
the Undertakers shall give cotice in writing to the railway company
forthwith after they shnll have entered upon the railway lands or
properties aforesaid.
(2)
Fourteen days at least before commencing to lay down any main
pile
or
other
work
or
(except in case of urgent necessity) to execute or effect
any repair
or
renewal of any main pipe or other ~ork
as
aforesaid upon
across over under
or
in any way aflecting the railway lands
or
property
of
the railway company or the bridges approaches viaducts st
a
t'
ions
or
other
works
or any level crossings over the railways plans sections and
specifications shall be submitted
to
the said engineer for his approval
and shall be reasonably approved by him in writing or in the event
of such eugineer failing to signify his approval or disapproval or to give
such other direction within fourteen daj
s
after the submission
of
such
plans
as
aforesaid he
shall
be deemed
to
have approved
of
the same and
in the event
of
any difference thereon arising between the railway
compmy and the Undertakers such work shall be executed in such
manner as shall unless otherwise agreed be cletermined by an engineer
to be appointed by the Board of Trade on the application
of
either the
i*ail\vay company or
the
Undcrtakers and the decision
of
such engineer
shall be final
ancl
conclusive between both parties and sucli work shall be
executecl in accordance with such plans sections and specifications as
so
approvccl
and
under the superintendence of and subject to the
reasonable app:'ovaI of the said engineer of the railwny company
Provided
tlia~
nothing herein contained shall authorise
the
Undertakers
to
occupy or use permanently with their works the surface of any land
or property of the railway company without the previous consent in
writing of the sccretary of the railway company and a11 such
works
sh~~ll be done by and
at
the expense
of
the Uridertakers who shall also
restore ancl make good to the reasonable satisfaction of the railway
company's engineer the
roads
over any bridges level crossings and
approaches which the railway corn1)arly either alone or jointly are or may
25
11
EDW.
7.1
Gus
Orders
ConJrrnniion
Act,
1901.
[Gh.
clv.]
be liable
to
maintain and which may bc clisturbed
or
iiitorfered with
A.D.
1901.
by or o1viiig to any operations
of
the Uudertakers
aiicl
all such works
swa&zGns.
and operations shall be constructed executed and clone
so
as not to cause
any injury to such railway bridges level crossings approaches viaducts
stations
morks
lands or property or interruption to tlie passage or
conduct of traffic over such railways or at any station thereon and
if any such injury or interruption shall arise froin or in any way
be owing to any of the works operation? and matters aforesaid
or
the
failure
cf
any such mains pipes or works the Undertakers shall make
compensation to be determined
by
arbitration in the maiiner herein-after
provided and such compensation togetlier with full costs sliiill be recover-
able by the railway compnny from the Undertakers
by
all and the
sane means as any simple contract debt
of
like amount is recoverable.
(3)
In the event
of
any dispute arising between thc principal engineer
for the time being of the railway company and the engineer
for
the
time being
of
the Undertakers
as
to any
of
the matters aforesaid the
same shall be determined by arbitration by an engineer to be appointed
by
the
Board
of Trade at the request of either party and the costs
of such arbitration shall be in the discretion of the arbitrator.
15. Where the Undertakers liave opened and broken
tip
the soil or
xor
the
pro-
pavement of any road street or bridge they shall with all convenient speed
t:ction
fill
in the
grouid
up to the surface
of
the road street
or
bridge as now
county
required Fy lam to do but the actual surface
of
the road street
or
bridge
shall be repaired
and
made good by the urban district council
or
other the
highway authority having ccntrol of the road street or bridge so broken up
and any settlement of the surface shall be made good by the said highway
authority but the cost
of
so
making good and repairing the surface
of
the
road street
or
bridge aforesaid shall be repaid to the highway authority by
the
said Undei takers and be recoverable as damages under the Acts relating
to
the undertaking.
Miscelluneous.
tldc
horfnlk
16.
If
any difference arise between the Undeltakers
and
any
road
authority
Diff.rlnces
railway or other company wliose lands or works the Undertakers have
~,~~~~~~~~s
op
power to cross under the authority of this Order as to the mode
of
laying
r,til,myor
down repairing altering or eniarging their mains pipes or other works
in
over
Fa:,;c,.
or upon such lands or works or the facilities to be afforded for
t,he
suinc such
difference shall be settled by an engineer
or
other
fit
person to b:: aiipiiited
by
the Board
of
Trade at the request of either party.
othmr
corn-
17.
The Undertakers may contract with any local authority conipa;>y
or
rower
to
persons beyond the limits
of
supply (but only with the consent
in
writing
of
er,nlmct
the
local
authority of and of any company or
person
supplying
gas
under
111
ituik.
Parliamentary
powers
within the district within which the bupply is to be
given)
for
the huupply to them respectively
of
gas
in
bulk upon such terms
and conditions and for such periods not esceecling in
any
case seveu years
from the making
of
the eontract
as
shdl be agreed upon.
c
sJc
of
9
LE.
29
[Ch.
dv.1
Gas
Orders
Conjrmaiion
Act,
1901.
[l
EDW.
7.1
Power
to
sell
stoves
and
gas
apparatus
&c.
Pittings
&c.
not
to
be
subject to
distress
&c.
Power to take
licences
for
use
of
patents.
Quality of
gas.
Price
of
gas.
A.D.
1931.
Swayham
Gas.
18.-(1)
The Undertakers may purchase
or
hire and supply sell or let on
hire or otherwise deal in
fix
repair and remove (but shall not manufacture)
gas-engines motors dynamos neters pipes and other
fittiugs
stoves ranges:
and other apparatus for lighting
for
motive power for cooking
of
food
for
-
the warming and ventilating of buildings
and
for all other purposes
for
which gas could
or
may
be used and may
also
provicie purchase hire sell let
or deal in and contract for doing work in connexion with (but shall not
manufacture) fittings tubes meters pipes engines motors dynamos apparatus
stoves ranges and apparatus for motive power
for
heating for domestic and
other purposes by means
of
gas and
all
articles and things
in
any way
connected with gasworks or with the supply use or consumption
of
gas
and
may take remuneration
or
rents and charges
and
make such terms Land
conditions in respect thereof as they may think fit.
(2)
Any fittings
or
other apparatus or things aforesaid let for hire
under the provisions
of
this section shall not be subject to distress
or
to
the landlord’s remedy
for
rent or be liable to be taken
in
execution upon
any process
of
any court
or
any proceedings in bankruptcy against the
persons in whose possession the same may be provided that such fittings
apparatus
or
other things shall
so
far as may be practicable have upon thein
respectively a distinguishing metal-plate affixed to a conspicuous part thereof
or
a
distinguishing brand or other mark conspicuously impressed
or
made
thereon sufficiently indicating that the Undertakers are the actual owners
thereof.
19.
The Undertakers may subject to the provisions of this Order (but
only
for the purposes
of
their undertaking and not
so
as to acquire any exclusive
right therein) contract
for
take and
use
any leave licence or authority to
work use exercise and put in practice any invention under letters patent
heretofore made
or
hereafter to be made granting any right privilege
of
working using
or
veuding any invention in relation to the innnufacture
or
distribution
of
gas
or the conversion manufacture or utilisation
of
any
products obtainable in
or
arising from such manufacture
or
from the niatetials
used therein.
Quality
of
Gas.
20.
The quality of the gas supplied by the Undertakers shall with respect
to
its illuininating power be such as to produce
a
light equal in intensity to
the light produced
by
not less than fifteen sperm candles and shall in
all
respects be in accordance with
the
provisions of the Gasworks Clauses
Act
1Si’l.
P&x
of
Gas.
21.
The price to be charged by the Undertakers for gas supplied by tliem
shall not exceed five sliillings and sixpence per thousand cubic feet
ancl
so
in propoiticlii
for
any lesa quantity supplied Provided that
at
any time
aiter the expiration
of
threc years from the commencement of this Order
the
Board
of
Trade may
if
they think
fib
by older in Ti-riting signed by a
secretary
or
ai
assistant secretary
of
the eiid Board alier the said maximum
30
[l
EDW.
7.1
Gas
Orders
Con$matioon
Act,
1901.
[Ch.
clv.]
price either
by
substituting any other sum for the said sum of five shillings
and sixpence
or
by fixing
a
standard price with sliding scale
as
to
profit3 and
as fi-om the date specified in such order (herein-after referred
to
as
“the
specified date
”)
the price to be charged by the Undertakers for gas supplied
by them shall be in accordance with such order Provided further that in
case such order shall prescribe
a
standard price with sliding scale
as
to
profits then
as
from the specified date the provisions set forth in Schedule
B
to
this Order annexed shall be in force and have effect and this Order shall
be read and construed accordingly A copy
of
any such order made
by
the
Board
of
Trade shall be published in the London Gazette and
a
copy of the
said Gazette containing such order shall be conclusive evidence of the due
making and validity of the same and
of
the contents thereof.
Pressure
of
Gas.
22.
All
gas
supplied by the Undertaker3 to any consumer
of
gas
sliall
be
supplied
at
such pressure
as
to balance from midnight to sunset
a
column
of
water not less than six-tenths
of
an
inch in height and to balance from sunset
to midnight
a
column of water not less than eight-tenths
of
an inch in height
at the main
as
near
as
may be to the junction therewith of the service pipe
supplying such consumer.
Testing
of
Gas.
A.D.
1901.
Swafham
Gos.
--
Pressure
of
gas.
23.
The Undertakers
shall
within six months after the commencement
of
Testing
of
gas.
this Order cause to be provided at their works
a
testing place with apparatus
therein according
to
the provisions of the
Gasworks
Clauses Act
IS71
and
the burner to be used for testing gas shall he
a
Sugg’s London Argand
No.
1
with
a
six-inch
by
one-and-three-quarters-inch
glass
chimney and if
at any time the gas flame tails over the top of the
glass
a
six-inch by two-inch
-
chimney shall be used Provided that any other description of burner may be
used wliich may for the time being be approved for the purpose by the Board
of
Trade and any gas examiner appointed under the Gasworks Clauses Act
1871 for the purposes of this Order inay subject
to
Llie
terms
of
his appoint-
ment
at
such testing place
or
elsewhere as and when he thinks
fit
test the
pressure
at
which the gas
is
supplied and for that purpose may open any
street
road
passage or place (not being the immediate approach to any railway
or canal bridge
or
railway station) vested in
or
under the control of any
local
or
road authority.
24.
If
a
person requiring a supply of gas from the Undertakers
has
pre-
viously quitted premises
at
which gas was supplied to him by them without
paying to them
all
gas
or
meter rent
or
other moneys due from him to thc
Undertakers they may refuse to furnish to him
a
supply of
gas
until he pays
the same.
25.
In
the event of any meter used by a consumer of
gas
being tested in
manner provided
b,y
the Sale
of
Qas Act
IS59
and
being proved to register
erroneously within the meaning
of
the said Act such erroneous registration
shall be decn?ccl to have first arisen during the last precccling quarter of the
31
Power
to
refuse
to
supply
persons
in
debt
for
otlier
property.
Period
of
error
in
defective
meter.
[Ch.
c~v.]
Gas
Orders
Confirwzntioiz
Act,
1901.
[I
EDW.
7.1
AB.
1901.
3wnflhnm
Gas.
year unless it
shall
have been proved to have arisen duriiig the then current
quarter The aniouut of the allowance to
be
macle to or
of
the surcharge
to
be
made upon the conbumer
by
the Undertakers in pursuance of the certificate
of
the inspector shall be
paid
by or to the Undt,rtakeis to
or
by
the consumer
as
the case
maj-
be and shall be recoverable in like manner
CLLS
gas rents are
recoverable by the Unclertakers.
Notice to
26.
A
notice to the Undertakers from the consumer for tile discontinuance
‘jupply
of
gas.
of
a
supply of
gas
shall not be of any effect unless
it
be in writing signed by
or
on behalf of the conwmer ancl be left at or sent by post
to
the office for the
time being of the Undertakers.
27.
Twenty-four hours’ notice in writing shall be given
tu
the Undertakeis
by
evei’y
gas
consumer before he shall quit any premises sul)pl;ecl with
gns
by meter by the Undertakers ancl in default of such notice the consuiner
so
quitting shall
be
liable to pay to tlie Uncleikkers the nioney accruing due in
respect of sucli supply up to the next usunl period
for
ascxtaining the register
of
the meter on such premises or the date
from
wliicli
any
snbsecluent occupier
of siich premises shall require the Undertakers to supply
gas
to such premises
whichever
shall
first occur Wotice of tlie effect of this provision shall be
cndorscd upon every demand note for
87s
rent payable to the Vndertakers.
28.
No
penalty shall be incurred by the Undertakers for insufficiency
of
pressure defect
of
illuminatirig power or for cxce3s
of
impurity in the
gas
supplied
by
them
in
any case in which
it
is
provecl that such insufficiency
defect
or
excess was produced by Rn unavoidable cause
OT
accident.
-
discontinite
GAS
consumers
to
give notice
before
re-
mo\mg.
Exemption
catain
cases.
from
penalties
Undertakers
to
pay
interest
on
deposits.
29.
Where any muney
is
deposited
by
any person by
way
of security with
the
Undertakers for the payment to them of any moneys which may become
due to them
€ram
such payment in rpspect
of
any sxpply
of
gas
or of the
purchase or hire of any meter the Undertakers shall pay interest at the rate
of
five
pounds per centurn per annum on every
sum
of ten shillings deposited
by
way
of
sucli security for every
six
months during which the saine remains
in
their hands.
Bor
purchase
30.
If
at any tim: before thc expiribtion
of
a
period
of
two years from the
of
uudertaking
by
SNaffhaILl
commencement
of
ibis
Order the
s
waffliarn
Urban District Council (herein-
CTrban
District
after referred to
as
the Council
”)
shall have been duly aut1:oriseLI
alld
Council.
empowcrcd to purchase the undertaking and of their desire
so
to purchase
sliall have given to the Undeitakcra
six
month’ previous notice in writing
then
and
in
such case at the expiratioii of
such
notice the Undei tdcers shall
sell
and
the Council shall pui-chase
the
sanie froe
froin
incu-iibrances (except
as
may be otherwise expressly hereby plo\-ide:i)
on
and subject to the
followhg terms and conditions
:-
(a)
For
the purposes
of
this Order the expression
tlir:
undertaking”
include tlie land buildings mains plant pipes works niacliinery books
plans
documents casements rights powers privilegcs property matters
and
things belonging
to
the Undertakers under this Older
or
otherwise at
the time of their receipt of the notice to purchase except nevertheless the
32
[l
EDW.
7,]
Gas
Orders
ColzJirrnatim
Act,
1901.
[Ch.
clv.]
stock in trade of the Untlertakera money and securities for money
belonging to them rates rents or debts due to them on the
day
fixed for
coinpletion of the purchase for
gas
supplied work dotie
or
otherwise.
([I)
The council shall
pay
to the Undertakers the suiii of thee t!iousand
pounds or such other suni
as
may be agieed upm between the coiincil
and the Undertakers together with the amount of capital expended
by
the Undertakers after the twent,y-fifth day of Mai*ch one thousnnd nine
hundred and one in the construction and extension
of
mains or other
works which have been nrc ssary or
have
been
a
permanent improve-
merit together with
any
other expenditure incurred by the Undertakers
and properly cllargeable to capital account together with interest at the
rate of five pounds per centum per annum
on
the capital
so
expended
from the tiiiie
of
the expenditure thereof
But
no expenditure of capital
as
aforesaid except
in
pursuance of any contract previously eiitcred into
is
to be incurred by the UiidertaBers after the receipt of the notice for
purcliase given by the council except with the consent of the council
under their seal.
(e)
The council shall pay the purchase money together with such ainoiint
as they may be liable
to
pax in respect of capital expended
ns
aforesaid
on the date of the expiration of six calendar months (which date
is
tliis section referred to
as
“the day fixed for the completion of the
purchase”) froin the clate
(~f
the receipt
by
the Undertakers of the
notice to purchase exclusive of such last-mentioned day and upon such
payment the Uildei takers and all other necessary parties
(if
any) shall
execute
a
proper assurance of the undertaking to the council to be
prepared by them or on their behalf the engrossment thcreof to be
delivered
at
thc office
of
the solicitors of the Undertakers before the
day
fixed for the completion of the purchase for execution
hy
the
Undertakers and other necessary parties (if any) ant1 the draft of such
assurance for perusal and approval of the Undertakers
and
cjiher
necessary parties
(if
any) is to
bp
left
at
the ofice of such solicitors
a(,
least fourteen days before the deliveiy
of
the engrossment.
(d)
The council sliall be entitled to the possession of the undertaking or
(if the purchase lias not been then completed) to the profits of
the
undertaking
as
froin the day fixed for the coinpletion
of
the pnichase
subject to the contracts covenants and agreements entered into by the
Underbkers before the receipt
of
the notice to purchase ancl which
they may become or if the purchase had
not
been made would have
become after the day fixed for the completion
of‘
the purchase liable
to
observe or perform
and
the council shall indemnify the Undertaker8
against the same and the Undertakers shall pay discharge ObSarVe
rind
perform
all
rates taxes outgoings debts obligations liabilities and agree-
nients which may become pajable or ought to be discharged observed
or performed
up
to
the
day
fixed for the completion
of
the purchase aiid
shall indemnify the council against the same the matters aforesaid
to
be
apportioned between the parties if necessary.
A.D.
lnol.
--
Sir
uflham
Gap.
c,
33
[Ch.
c1v.j
Gas
Orders
Cofijrmatioi~
Ad,
1901.
[l
EDW.
7.1
A.D.
1901.
(e)
If
from any cause whatever other than wilful default
or
neglect on the
part of the TJndertakers the purchase is delayed beyond the day fixed
for the completion of the purchase
or
all the money which ought then
to be paid
by
the council to the Undertakers
is
not then paid
so
much
thereoE
as
is not
so
paid shall bear interest
at
the rate
of'
six pounds per
centuni per annum frorn the day fixed for the completion of the purchase
t~
the day of actual payment.
(f)
All questions
or
disputes arising between the Undertakers and the
council touching the intent construction
or
effect of
so
much
of
this
Order as relates t,o the purchase
of
the undertaking
or
the effect thereof
or
touching any claim demand
or
matter whatsoever in anywise arising
out of
so
much as aforesaid
of
this Order shall by virtue
of
this Order
stand referred to arbitration under and according to the Railway
and any Act amending the same subject
nevertheless to any express provision herein contained at variance
therewith
as
if the Undeitakers and the council mere two railway
companies ancl this Order shall be deemed tLn agreement for reference
thereof and
a
reference thereof in accordance with the said Railway
Companies Arbitration Act.
-..
Swaflam
CosteofOrder.
31.
All the costs charges and expenses of and incidental to the applying
for preparing obtaining and confirming this Order and otherwise in relation
thereto shall be paid
by
the Undertakers.
SCHEDULE A.
GAS
LANDS.
All hhat piece
or
parcel of land containing by admeasurement half an acre
or thereabouts situated in the parish and urban district of Swaffham in
the county of Norfolk bounded
on
the norbh by Lynn Road on the west
by
Shouldham Lane and on the south and east
by
laiicls belonging or reputed to
belong
tu
the representatives
of
the deceased Henry Plowright,.
SCHEDULE
B.
The foregoing Order shall after the iiiaking by the Board of Trade of
an order in pursuance
of
the provisions in that behalf therein contained
prescribing a standard price for gas supplied
by
the Undertakers with
sliding male as to profits and
as
from the specified date be read and construed
subject
to
the modifications following
:-
(1)
Sections
30
to
34
(both inclusive)
of
the
Gasworks
Clauses Act
1847
shall
not
continue
to
be incorporated with
or
to form part
of
the foregoing
Order and in construing the said Act for the purposes of the
foregoing
Ordei.
To
to
s4
o~GI*-
works
Chute4
Act
1847
to
cease
to
be
incorpornprd.
34
[I
EDW.
7.1
Gas
Orders
ConJ’irmation.
Act,
1901.
[Ch.
~1v.J
section
35
of the said Act shall be read arid construed as though the words
from
‘‘
in
case the whole
down to
‘‘
have beeti paid
all
inclusive had heen
SwnJxanl
Gas.
omitted therefrom and as though the expression
the prescribed rate
included the prescribed rates
as
defined by the foregoing Order together with
any sum which under the provisicns
of
this schedule might lawfully
bc
carried to the insurance fund.
A.D.
1Ooi.
--
(2)
Notwithstanding anything contained in the foregoing Order the standard
l’rice
of
vas
with sli&g
price to be charged by the Undertakers for
gas
supplied
by
them to private
scale
as
to
consumers by meter sliall be the price prescribed by such order of the Board
dividend.
of
Trade
as
aforesaid per thcusand cubic feet
:
Provided that the Undertakers niay increase or reduce the price so
charged by them for gas above or below the st’andard price subject to
a
reduction or increase in the dividend payable by the Undertakers
on
the
ordinary shase capital
as
follows
:--
In respect of any year during any part of which the price charged by the
Undertakers shall have been one penny or part of
a
penny above the
standard price the dividend payable by tlie Undertakers shall in respect
of
each penny or part
of
a
penny by which the price shall have been
increased be reduced below the standard rate of dividend by five
shillings on every one liuudred pounds of ordinary paid-up cal~ital with
a
ten per centuni standard rate
of
dividend and by three shillings and
sixpence
01=
every one hundred pounds
of
ordinary paid-up capitiil witli
a
seven per centum standard rate of dividend and
so
in proportion for
any fraction of one hundred pounds
:
And in respect of any year during the whole of wlich the price charged
by
the Undertakers shall have been one penny or more below the
standard price the dividend payable
by
the Undertakers
may
in
respect of each penny by which the standard price has been reduced be
increased above the standard rate by five sliiilings on every OE hundred
pounds
of
ordinary paid-up capital with
a
ten per ceniuin standard
rate of dividend and
by
three shillings and sixpence
011
every one
hundred pounds of capital with
n
seven per centum standaid rate
of
dividend and
so
in proportion for any fraction of one hundred pounds.
(3)
If
the clear profits
of’
the undertaking in any year ainount to
a
larger
profits
s111n than is sufficient to pay the prescribed rates the excess bepond the sum
Fgz.
~~~co~~t
necessary for that purpose
may
to the extent of one per centum per annun1
may
be
upon such capital
of
the Undertakers
as
is.
actually paid up be invested in
an
insur-
Government
or
other securities and the dividends and interest arising froin
ance
fund.
such securities shall also be invested
in
the smue or like securities in order
that the same may accumulate at compound interest until the fund
so
formed
amounts to
a
sum equal to one-twentieth part of such capital
as
aforesaid
which fund shall form an insurance fund to meet any extraordinary claim
demand
or
charge which inay at any time arise
ngaiust
or
fall
upon the
Undertakers from accident strike or other circumstance which in the opinion
of
two justices. due care and inanugement could not have prevented and if
invested and
3F,
[Ch.
clv.]
Gas
Orders
ConJirmatiort
Act,
1901.
[l
EDW.
7.1
A.D.
1901.
Swqfhani
Gus.
-
Application
of
further excess
of
profits
over
prescribed
rates.
Power to
ereate
a
reserTe fund
and applica-
tion thereof.
Saving
of
existing
contracts
such
Sum1
be
at
any time reduced
it
inay thereafter be again made
up
to the
said
sum
as often
as
such reduction happens Provided that when and
SO
often
as
the said fund reaches the said limit of one-twentieth part
of
such
capital
4s
aforesaid the interest thereon slinll
he
ccirriecl to the credit
of
the
fund available for dividend Provided also that resort may be
had
to the
insurance fund to meet any such extraordinary
claim
cleniand or charge as
aforesaid although such fund may
not
at
the time have reached
or
may have
been reduced
below
the full amount
of
one-twentieth part of such capital as
afore said.
(4)
If
the clear profits of the undertaking
in
any year amount
to
a
larger
sum than is sufficient to pay the prescribed rates the excew
or
sucli portion of
it
as
is
not carried to the insurance fund shall be carried
to
the credit
of
the
divisible profits
of
the undertaking for the following year.
(5)
When in any year the prescribed rateH exceed the standard rates
by
reason of the price charged
by
the Undertakers for gas in such year being
below the standard pice then out
of
the amount of the profits which the
Undertakers
inay
iiiake in excess of the standard rates they inay in
such
year
set apart such sums as they think
fi~
by
way
of
a
reserve fuiid and all sums
(if any)
SO
set apart
by
the Undertakers and any reserve
or
other fund
of
a
similar cliaracter
of
the Undertakers existing at the specified date in relation
to the undertaking may be invested in Government
or
other securities
and the dividends and interest arising fioni such securities may also be
invested in the same or like securities in order that the same may accumulate
at couipound interest and the fuiitl
so
formed sliall be called
‘I
the reserve
fund” and shall be applicable to the payment
of
dividend in :my year in
which the clear profits of the Undertakers are insuificient to enable the
Undertakers
in
such year
to
pay
the prescribed rates and save as by this
schedule specially provided no sun1 shall
in
respect
of
the undertaking in any
year he carried by the Undertakers to any reserve fund.
(6)
Kothing in this schedule contained sliall a!ter vary
or
affect any
contract
or
agreement duly made or any liability incurred
or
notice given
before the specified date with respect to the gasworks
of
or the supply of
gas
by
the
Undertakers.
Printed
by
EYRE
and
SPOTTISWOODE,
T.
I)IGBY
PIGOTT,
Esq.,
C.B.,
th:!
King’s
Printer
of
Acts
of
Parliament.
FOR
,411d
to
be
purchased, either
directly
or
throuch
any
Bookseller,
from
EYRE
AND
SPOTTIS\VOOI)E,
EAST
HLRDIYG
STREET,
FLEET
STREET,
EW.;
or
OLIVER
bxn
BOYD,
EDIXBURRH;
or
E.
POXSONBY,
116,
GRAFTON STREE~,
DIJBLTN.

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