Gas Orders Confirmation (No.1) Act 1899

JurisdictionUK Non-devolved
Citation1899 c. cxlii
Year1899
[6Z
&
63
VICT.]
Gus
Orders
Co@wmtion
(No.
1)
rCh.
cxlii.]
act,
1899.
CHAPTER
cxlii.
An Act to confirm certain Provisional Orders made
by
the Board
of
Trade under
the
Gas
ancl
Water Works
Facilities Act 1870 relating to Alton
(Hants)
Gas
Bedworth
Gas
Elstree
and
Borehain
Wood
Gas
Limavady
Gas
and Wellingborough
Gas.
[lst
August
1899.1
-
HEREAS under the authority
of
the
Gas
and
Water
Works
33
PE
34
\‘ici
w
Facilities Act
1870
the Board
of
Trade have made the several
c*
70.
Provisional Order4 set out in the schedule to this Act annexed
:
And whereas
a
Provisional Order made
by
the Board
of
Trade
under the authority
of
is
not
of
any validity
or
force whatever until the confirmation thereof
by Act
of
Parliament
:
And whereas
it
is expedient that the several Provisional Orders
made by the
Board
of
Trade
un(ler the authority of the said Act
arid sct out in tile schedule to this Act anncxed
bc
confirmed
by
Act
of
l’arliarnent
:
Be it therefore enacted
by
the Queen’s
ii~ost
Uxoellent Majesty
by
and with the advice
aiitl
consent
of
the
Lords
Spiritual and
Temporal and Commons in this present Parliament assemblecl and
by the authority
of
the same
as
follows
:-
Act 2899.
this Act shall
he
and the
same
are
hereby
confirnied and
all
the
scllcd,,l,2.
provisions thereof
it1
manner’ and form
as
theg
are
set out in the
saitl
schodiile
shall
from
and after the passiiig
of
this Act
have
full
vadiclitby
ant1
eRect.
3.
The
CTndertakers
inerit
ioned
iii
the
eaid
Ortlers
shall
riot
under
Specicl
pu-
the powers
of
this
Act
or
of
thc
said
0ide1-s
piirchase
or
acquire
iloust.~
7.
i4xin
Q,ft,l,.
ns
to
in
any
city
01’
borough
or
urbaii
district
or
LU
aiiy
yaiieh
or
lahoul
ilg
part
of
a parish
not
being
part
of
an
urban districj, ten
01’
1.
This Act may be cited as the
Gas
Orders Confirmation
(No.
1)
Short
title-
2.
‘L’hc
several Orders
as
amended
and
set
out
in
the schedule to
(’onfiriii~~ion
of
0rd
;U
[Price
Is.
9d.I
A
1
A.D.
1899.
more houses which on the fifteenth day
of
December last
were
occupied either wholly
or
partially by persons belonging to the
labouring class as tenants or lodgers or except with the consent
of the
Local
Government Board ten
or
more houses which were riot
SO
occupied
on
the said fifteenth clay
of
December but have been
or
shall be subsequently
so
occupied
If
any Undertakers purchase
or acquire any house or houses under the powers of this Act
or
of
the said
Orders
in contravention
of
the foregoing provision they shall
be liable to a penalty of five hundred pounds in respect
of
every
such
house
which penaltv shall be recoverable by the Local Govern-
ment Board in England
or
Ireland as the case mag be by action in
the High Court and shall be carried
to
and form part of the
Ccnsolidatecl
Fund
of
t8he United
Kingdom
Provided
that
the
Court may
if
it
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 an average of
thirty shillings
-
a
week and the families of
any
such persons who
may be residing with them.
-
S
C
H
E
D
U
L
E,
LIST
OF
ORDERS.
ALTON
(HAYTS) G~~.-order
empowering the Alton (Hafits) Gas
Chmpany
to
acquire additionai
lands
and
to
construct further works.
BEDWORTH
OAs.--Order empowering
the
Uedworth
Gas
and
Coke Company
Limited to maintain and continiic
gasworks
and
to
manufacture
and
~~ipply
gats
in
the
parish
of
Redworth
and
part
of
the
parish
of
Astley
in
the
county
of'
Warwick.
ELSTREE
AND
BOREHAJI
Woo
I)
G-is.-Order
empowering
the
Elstwe
and
Boreham
Wood
Gas
Company Limited
to
rake
additional c,ipitnl and
for
other
purposes.
LInr2ivAny
C;.As.-Order
empowering
the
Limsvady Gas Company
Limitet1
to
lnailltain and continuc
gnswvks
and
to
mauufactuw
and
supplj
gas xvithin
tile
tow11
of
Liinayady situate
in
the
townhnds
of
KtLthbr:iclyheg
RatllbrtL(!j
nioic~
and
Killii~~~
in
thc,
conllty
uf
Lnndonderry.
I~~~,~,~,T\.~,I~OROU(.)I
C+as.-Order
empowering the ~Vellingborougli
L;a>liglll
Conip:bny
IAirnited
to
mise
additional
capital.
A.D,
1899.
~tolt.
~
ALTON
(HANTS)
CAS.
O&v*
ewqioweririg
the
AJtorh
Gas
ancl
Coke
Coiqocciiy
to
cicqu,i?*e
Addi
t
io12
cd
La
12
(7s
n
ii
c2
to
eo
12
sti
iic
t
Fu
1.f
h
el-
Wo~ks.
1.
This
Order
may be
cited
as
thc
Alton
(Hants)
Gas
Order
1899.
2.
’[‘tiis Order shall conic into force and
hav~
effect upon
the
day niicii the
Commence-
Short
title.
Act contirining tliis Order
is
pasecl
which
claic
is
in
this Order re,ferred
to
ab ment
Of
’‘
tlic! commencement
of
this
Order.”
of
1890
”)
as
amended by this Order
and
this
Ortier
shall
be
construed together
Oldcr.
esccpt
so
far
as
such construction would he ineonsistent with
or
repugnant to
the
provisions of this Order.
purchase
ancl
taking
of
lands otherwise than by agreenieiit and with respect
to
thc
entq
upon
lands
by
the proinoteis
of
the undertaking) and the GaiworkS
Clauses Act
1SI7
and
thc
Gasworks
Clauses Act
187’1
are (except where
chpressly
varied
by
this
Order)
incorporated
with
and
form
part
of
this Order.
or
ill
part incorporated with this Order and by the
Bas
and Water
Works
Facilities
Act,
1870
meanings
are
assigned have
tEie
samc
respective meanings and in
the
construction
of
this Order or
of
any Act for the purposes
of
this Order
tbe
expression
‘‘
the undertslting
slid1 include
thc
undertaking authorised by the
Order
of
lE90
together with the gasworks and
works
connected thereivith
by
this
Order
authorised
to
be constructed and maintained.
purposes
of
this Order and are
in
this
Order referred
Lo
as ‘&the Undertakers.”
Lu,r
(la
jor.
C:)utt
iictioii
of
A(Jdititiii(i1
Gusworks.
3.
The Alton
(Hants)
Gas
Ordw
1890
(in
this
Order referred
to
as
“the Order
Construction
of
4.
The provisions
of
the
Lands Clauses
Acts
(except with respect to the
Incorporation
of
Acts.
5.
The secera1 words terms and expressions
to
which
by
any Act
in
whole
Interpret‘ition.
6.
The
Alton Gas and Coke Company
hi1
be
thc Undeitakers
for
the
Undertakers.
7.
The Undertakcrs
rniiy
by a$rrecirent p1ndl:ise
or
take
on
lease or otliermise
l’oircr
to
pur-
acquire and use
sup11
of
the laiid~
s11om1i
011
flie
imp
dCp05ited
for
ttw purposes
cllal’c
of
this Order (in this Order
refurrcd
to
as
‘*
the
deposited m,ip
”)
and described
in
the
schedule
to
this
Orricr
annexed
as
may bc required for the
purposes
ofthis
Orclcr.
8.
Nom
itlibtanding anything
in
the Order
of
1890
contained the Undertakers
Undertakers
inay
011
tlic
i:mds
shown
oti
the
map
dcposited
for tbc purposes
of
this Order
and
$~?‘~~~~~~-
describt
d
in
the
schedule
to
this
Order
a1111exed ~~lien and
SO
long
as
they are
73orks
on
lands
possessed
ot’
t~ie
same construct wet nral
a:id
maintain alter
and
enlarge such
adcli”iona1
11
orks
macliiiiery app:n:~tus
and
buJdings
as
niay
be iieccssary
for
the
iuanuf:~cture and storage
of
gas
md residual
pi
oclucts
obtainrd in
and
from
thc
manufacture
of
gas
and
matters poclucible therefroin :incl they may
011 LUCh
1;:nds
wl~c~n
and
so
long
as they
are
possessed of the same manufacture
and
store
gas
aiid
>upply
and
s~ll
the
$:tmc
within
the
limits
of
supply
and
011
the
sa:ric
lCind~
ir:anufacture
and
stow
tar
coke pitch asphaltum ammoniacal
liquor
oil
‘ind
all
otliti
1
esiclutil
protlticts
ab
afkesiiiti
311d
IELY
bell
and
diqmse
of
tlic
13111c
.it
t
liuii
\c
orlls
and i~lmvlicre.
in
whedu’e.
A
2
*5
A.D.
1899.
Miscelltoieous.
--
9.
All the costs charges and expenses
of
and incident to the applying
for
Oldrl.
preparing obtaining and confirming this Order
or
otherwise
in
relation thereto
-4lfOlL.
shall be paid by the TJndertakers.
SCHEDULE.
ADDITIONAL
GAS
LANDS.
All
that piece or parcel
of
land situated
in
the parish
of
Alton in the county
of
Sout'nampton being part
of
a
field called
or
known
as
Brick Kiln Close con-
taining
by
estimation
I
acre
0
roods
17
poles or thereabouts bounded
OR
or
towards khe south-east by the high road called Butts Road on
or
towards the
south-west
by
the residue
of
th- said field called Brick Kiln Close belonging
or
reputed to helong
to
Maria Matthews and Henry Warner on
or
towards the
north-west by a certain lane called Love Lane and on or towards the north-east
in part
by
land belonging or reputed to belong to the representatives
of
William Gunner and others and in other part by land belonging or reputed
to
belong to the Undertakers.
Bedworth.
Short
title.
Commence-
ment
of
Order.
Incorporation
of
Acts.
Interpretation.
~~~~~~~
BEDWOR'ICH
GAS.
Ordel-
empowering
the
Beclwoy
fh
Gus
uncl
Coke Company
Jimited
to
rizaitataiiz
md
coiiztiiazie
Gastuorks mad
to
nzunafaactzcre
mad
szqiply
Gcts
in
the
pcwish
of
Uedzvoi+h
mid
pwt
of
the
pa?*isJz
of
Astley
iia
the
couiaty
of
Wcwivick.
1.
This Order may be cited as the Bedworth Gas Order
189%
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 otberwise than by agreement and
with
respect to
the ectry upon lands
by
the promoters
of
the undertaking)
of
the Gasworks
Clauses
Act
1347
and
of
incorporated with this Order except where the same
are
expressly varied
by
this Order and the said provisions
of
the said Gasworks Clauses Acts shall
apply
:IS
wt.11 to the inailis pipes antl
rrorks
of
the
Undertakers laid dovrl or
constructed before the comniencement
of
this
Order
and sitiiate withiii the
limits
of
supply
as defined
by
this Order
as
to any mains pipes
or
works which
niay
be
laid down
or
constructed under the authority
of
this Order.
4.
In
this Order the expressioli
''
the prescribed
rates
"
nieaiis
the
rates
of
dividend authorised by this Order on
tho
capital
of
the Undertakers or sucli
rates
its
rcduced or increased in accordance with the proiisions
of'
this
Order and the several words terms antl expressions to which
by
any Act in
whole
or
in part incorporated with this Order and by the
Bas
and Water
Works Facilities Ict 1870 :iieanings are assigned have the same respective
mr:triingt; and
in
the
constructiou of this Order or of ally such Act for the
pu~'pubes
cif
tliis
Order
the
expression
"
the undertaking
"
shall include the
4
[62
&
63
VICT.]
Gas
Orders
Con$rmutl:on
(No.
1)
Act,
1899,
[Ch.
cxlii.]
A.0.
1699.
gasworks and works connected therewith by this Order authorised
to
be
__
maintained and rontinued.
BedwoytJh.
5.
The limits within which the provisions of this Order shall be
in
forcc
and
Of
have efect
(in
this Order referred
to
as
“the limits
of
supply”) shall be the
parish
of‘
Bedworth in the county of Warwick
and
such
part,
of
the
parish
of
Astley in the same county
as
lies to the cast
of
a lane leading
fiwn
Astley to
Sniorral Lane Bedworth known
as
Astley Lane and is bounded
on
the north I)y
a
t,ributary
of
the River Sowe known as The Brook.
Undertakers.
6.
l‘he Bedworth
Gas
and Coke Company Limited shall be the Undertakers
Undertskers.
for the purposes
of
this Order
and
are in this Order referred
to
as
“the
Undertakers.”
Capital.
shall not exceed eleven thousand pounds consisting of the
sunis
of three thonsiind
one hundred and ninety-two puunds ordinary share capital (in this Order referred
to
as
‘(
the original ordinary capital
”)
and one thousand eight hundred and
eight pounds preference share capltal (in this Order referred to as
the original
preference capital
’’J
already raised by the Undertakers and
of‘
additional share
capital (in this Order referred to as “additional capital
”)
to be issued subject to
the provisions
of’
this Order not exceeding six thousand pounds including any
premiums whicii may be obtaiiied
011
the sale of any shares uuder the provisions
of this Order unless the Undertakers are hereaftor authorised to raise
for
such
purpcises further additional share capital by Provisional Order under the Gas and
or by Act
of
Parliament.
capital are to be issued and before offering the same to the holder of
auction
or
any other share or stock
of
the Undertakers and whether the ordinary shares
tender.
or stock
of
the Undertakers are or is
at
a premium or not offer the same
for
sale
by public auction or tender
in
such manner
at
such t,imes and subject
to such conditions
of
sale
as
the Undertakers may by special resolution
determine Provided that at any such sale no single lot shall comprise more
than one hundred pounds nominal value of shares and that the reserved price put
upon such shares shall not be less than the nominal 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 may be and surh
letter maybe opened after such day of auction
or
last day for the reception
of
t,enders and not. sooner and provided that no priority
of
tender shall be allowed
to any holder of shares
or
stock
of
the Undertakers.
9.
When the amount bidden
or
tendered
by
the proprietor of any share
or
stock
When
pro-
of
the Undertakers for
any
lot of shares
so
offered for
sale
by auction or tender
SLtlILr
am,,unt
under the provisions of‘this Order
is
equal
to
the highest amount bidden or tendered
:M
any
0th
person
Dro-
for the same lot by any person not being a proprietor then
and
in every such case
prietor
to
be
such proprietor shall be declared to be the purchaser
of
and to be entitled
to
such
declared
the
lot.
of
this Order
that,
the full price of
each
share including any preniiuin give11
by
shares
to
be
7.
The share capital of the Undertakers for the purposes of t,he undertaking
Capital.
S.
‘I’he
Undertakers shall when any shares forming part of the additional
New
shares
to
be
offered
by
prietor
tenders
purchaser.
10.
It
shall he one of the conditions of any sale of shares undcr the provisions
moiiey
of
paid
within
three monthr.
A3
5
AB.
1899.
any purchaser at such sale shall be paid
to
the Undertakers within three months
.-
--
of such sale.
Bedico&.
~~~i~~
to
bc
11.
The intention
to
sell any shares by auction
or
tender under the provisions
given
as
to
of this Order shall
be
communicated by
the
Tindertakers in writing to the clerk
of every local authorit,y having jurisdiction within the hits of supply and
t,o
the
secretary of the committce
of
the London Stock Exchange
at,
least twenty-eight
days before the
chy
of
auction
or
the last day
for
the reception of tcnders as t,he
case may be and notice
of
such intention shall be duly advertised by the Untler-
talrers once in each
of
two coiisecutire weeks in one or more newspapers circulathg
within the limits of supply.
12.
When any shares have been offered for sale by auction or tender under
the provisions
of
this Order
and
not
sold
the same shall be
offered
at
t,lic
reserved
price put upon the same respectively for the purpose
of
sale by auction
or
teiicler
to
the holders
of
the ordinary shares
or
ordinary stock
of
the Undertakers in
sucii nianiicr
as
may
be
prescribed by
a
special resolution passed by the Tinder-
takers
Provided that any shares
so
offered and not accepted within the time
prescribed
hy
such
resolution shall again
be
offered
for
sale by public auction
or tender in the manner and subject
to
the provisions
of
this Order with respect
to the sale
of
shares forming part of tlhe additional capital and thc reserve
put upon such shares may upon such second
or
any subsequent auction
or
tender if the directors
of
the Undertakers think fit be less than the nominal
value thereof and any shares not then sold shall be again ofl'eretl to the
holders
of
ordinary shares or ordinary stock at the last-mentioned reserved price
and so
011
until the whole
of
such shares is sold.
Application
13.
Any
sum
of
money which may arise from the issue
of
any shares under
Of
premium
the provisions of this Order by way of premium after deducting therefrom the
arising
on
issue
of
shares.
expenses
of
and incident
to
such
issue shall not be considerett
as
profits of the
Undertakers but shail be experided in extending
or
improving the works
of
the
Undertatke;s
or
in paying
oft'
money borrowed or owing
011
mortgage by the
Undert,alcers and shall not be considered
as
part
of
the capitai
of
the Undertakers
entitled
to
dividend.
14.
The Undertakers
shall
nut
iii
any year tieclarc or make
orit
of
their
profits any iarger dividends on their capita! than
the
standard
rates
of
tlividentl
herein-after mentioned namely ten pcunds in respect
of'
every one hundred
pounds actually paid
up
of
the original ordinary capital and six pounds in
respect
of
every one hundred pounds actldiy paid up
of
the original preference
capital and seven paunds in respect
of
every one hundred pounds actually paid
up of
so
much of such additional capital
as
may be issued
as
ordinary capital
or
five pounds in respect
of
every
one
hundred pounds actually paid
up
of
so
much of such additional capital as may be issued
as
pref'ei,ence capital.
Dividends
011
15.
In case in any year
or
in any half-year (if the Untlerta1;ers decl;irc:
a
different classes
dividend half-yearly) the net revenues of the Undertakers applicable
to
dividell(i
shares
to
be
are insufficieni; to pay the full amount
of
the prescribed rntes
011
cacll
class
tionately.
of
ordinary shares or stock in the original ordinary capital and additional capital
a
proportionate reduction shall be made in the dividends payable on each class.
Limit
of
le.
The amount
of
all
moneys borrowed
by
the Undertakers
and
secured
by
mortgage
of
the
undertaking shall not
at
any time exceed in the whole one-
borrowing
powers.
foi~rih
of
tile
;(IU
int
O?
capital
of
thc
Uucleitdi~r~ i;c:tcdly raised
bj-
t,li\,
1'
1ssue
*
of
S!I:LIW
01'
stock iiiclu~ling
any
prctniuins that
may
be obtained on
thc
sale
Yale
of
shres.
Shares
not
sold
offered
to
shareholders.
by
auction
or
to
he
Limits
of
dividend
on
capital.
of
ordinary
paid
propor-
6
of any shares under the provisions
of
this Ordcr
and
no higtler rate of interest
A.D.
1899.
than
iiw
pouuds per cent,um per annum shall be paid by the Uiidertakers
--
Bedworth.
without the consent of the Board of Trade in respect,
of
any moneys borrowed
by the Undertakers aftcr the commencement of this Order and secured as
aforesaid.
I-'u~clrcise
of
I;nntls.
17.
The Undertakers may
fGr
the purposes
of
the undertaking purchase
or
Power to
take
on
lease (by agreement but not otherwise) and hold in addition to the
L$~~el~~&
lands shown on
tho
map deposited for the purposes
of
this Order and described
in Schedule
A.
to this Order annexed any lands which they may require Pro-
vided that they shall not create or permit a nuisance
on
any such lands and
that they shall not at any time hold
for
such purposes more than two acres
of
larid rn the whole
in
addition to the landsdescribed in the s:iid schedule
and
that
no
lands shall be used by the Undertakers for the purpose
of
nianufacturing
gas
or residual products or of storing gas except the lands described in the said schedule.
Maintenmm
ancl
C'ontilziiance
of
GusiijO1.ks--illn,inifactul.c
and
Scrle
of
Gus
Colcc
uiid
Resiclziul
Products.
1s.
The
Undertakers may on the lands shown
011
the map deposited for
Undertakcrs
the purposes
of
tliis Order and tiescribed in Schedule
A.
to this Order annexed
while
they are possessed
of
the
same
rnaintain and continue alter and enlarge
gasworks on
lands
described
renew or discontinue their existing gasworks and works conuected therewith and
in
A.
may const.ruct erect make and maintain alter and enlarge retorts gasholders
and
may
make
receivers purifiers meters apparatus and works for
the
manufacture and storing
kc.
of gas and of coke and they may subject
to
the provisions of this Order make
and
store gas on such lands and supply and sell the
same
within the limits
of supply and they may also construct and maintain alter and enlarge renew or
discontinue houses offices buildings and other works connected with the
iindertaking.
19.
The Undert.akers may at the works or elsewhere purchase hire supply sell
Power
to
deal
or
let
on
hire
but
shall
not
rnanufaccure gas meters
gas
engines fittings gas
~,f~o~~t~v
stoves and cooking and other apparatus and may also purchase hire sell let
deal in and contract for doing work
in
eonnexion with but shall not manufacture
gas engines fittings tubes meters pipes apparatus stoves ranges and apparatus
for heating
for
domestic and other purposes by nieans
of
gas and all art,icles
and things in any
wsy
connected with gasworks or with the supply use or
consuniption
of'
gas and
may
take charges and remuneration in respect t,hereof.
the purposes
of
the undertaking wit'hin she liniit,s of supply and not
so
as to
acquire any exclusire 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 inade 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
gas.
21.
The following prcvisions for the prntect,ion of the London and North
Fortllepro-
Western Railway Company (in this section called
"
the
railway company
")
London
and
shall be in force and have effect and be binding on the Undertakers
:-
and
sell
gas
20.
The Undertakers may subject to the provisions
of
this Order (but only for
Power
to
take
licences
for
kc.
tection
of
the
Korth
Western
Railway
In laying down and executing or in efTecting the repairs and renewals
cf
any
(:ompony.
mains
pipes or other works upon across over under or in any way affecting
the railwavs lands
or
property now or hereafter belonging
to
or used or
occupied by
t,he
railway conipuny or
the
bridges approaches viaducts
A4
7
A.U.
1899.
Bedw
o
r
th
.
stations
or
other works or any level crossings of or repairable or used by the
railway company
the
same sl~all be
dux
iinde:- the superintendence
and
to
the reasonable satisfaction of the principal engineer
of
the railway
company and only according
to
plans
an
1
sectious
to
bc
submitted to and
in such manner as sliall previou;ly be reasonably approved by him and in
all things by and at the expense of the Undertakers who shall restore and
wake good the roads over any such bridges level crossings and approaches
which the railway company is
or
may be liable to maintain and ahich
may
lie
distiirhed
or
interfered with by or owing
to
any operations
of
the
Undertakers and all snch
worl;s
matters and things shall be constructed
executed and
rloiic
sn
as
not to
c:ww
any injnry
to
snch
railways bridges
level crossings approaches
viaducts
stiitiotis wni
ks
lands
or property or
interruption
tn
the pas-age or conduct
of
tlic
traffic over snch railways
or
at
any
station thereon And if’ any injury
or
interrnptioii shall arise from or
be
in
any
way
owing
to
any
of
the
act5
operations
and
Inatters and
thiugs
aforesaid or the bursting leakage
or
failure of
any
such mains pipes
or
works under or near to any such bridge or level crossing the Undertakers
shall make compensation
in
respect thereof
to
the railway company the
amount
of
such compensation together with full costs to be recoverable
from
the Undertakers by all and the same means as any simple contract
debt
is
recoverable.
For
the
pro-
22.
The following provisions for the protection
of
the Coventry Electric
Coientry
Tramways Company (in this section called “the company
”)
shdl be
in
force
131ectrlc
Tram-
and have effect and be binding
oii
the TJndertakers
:-
1%
nysC‘qmpany.
In
laying
down
and executing or in effecting the
repairs
and renewals
of’
any
mains pipes or other
works
upon across over under or
in
any way affecting
the tramways rails paving posts wires appdratus lands property or buildings
now or hereafter belonging to
or
used or occupied
by
the compilny
or
other works repairable
or
used by the company the saiiie sliall be done
under the superintendence and to the reasonable satisfaction of the engineer
of
the rompany and only according to plans nnd sections
to
be submitted
to and
in
such niannw
as
shall previously
he
reasonably approved by
hini and in all things
hy
and at the expense of the Undeitakere who
shall restore and
make
good any tramways rails pdving posts wires appa-
ratlis
lands
property or bnildiugs belonging
to
or used
or
occupied
or
niaintainetl by the company which may
be
disturbed or interfered with by
or owing to any operations of the Undertakers and all such works matters
and
things shall be Constructed executed and done
so
as
not to cause
any
injury to such tramways rails paviug posts wires apparatus lands property
or
buildings
or
interruption to the passage or conduct of the traffic over the
tram\vnys of the company And
if
any injury
or
interruption shall arise
from or
be
in any way owing to any of the acts cperations
and
matters and
things aforesaid or the bursting leakage
or
failure of any such mains pipes
or wcrks the Undertakers shall make comperisation in respect thereof
to
the
coinpany the Amount of such compensation together with
full
costs
to
be
recoverable from the Undertakers by all aod the
~nie
nieanb
as
any simple
eontract debt
is
recoverable.
23.
In laying down and executing
or
in
effecting the repairs
aud
renewals
of
any mains pipes or other works upon across
or
under any main road the Under-
takers shall
not
remove
or
use the soil and material excavated from any such
road except for the purpose of leveliing and making up such road,
-
tection
of
the
D~sposai
of
excavated
material.
8
[62
&
63
VICT.]
Gas
OrfJers
Confirmation,
(No.
1)
4ct.
1899.
[Ch.
cxlii.]
26.
If
any difference arise between the Undertakers and any road authority
or railway canal or other company
whose
lands or works the Undertakers have
power
to
cross under the authority
of
this Order as to the mods
of‘
laying down
repairing altering or enlarging their mains or other works in over
or
upon such
with
railway
lands or works or the facilities to be afforded for the same such difference shall
~~$~~~~s~
be settled by an engineer
nr
other
fit
person to be appointed by the Board
of
Trade at the
request
of either party.
1899.
Bedwi.th.
QxaEity
of
Gas.
its
illuminating power be
such
as to produce a light equal in intensity
to
the
light protluced
by
not less than fifteen sperm candles
and
shall in all respects
he
in
accordance
with
the provisions
of
26.
The qualit’y of gas supplied by
the
Undertakers shall with respect
to
Quality
of
gBJ.
Price
of
Gas.
shall
not
exceed
five
shillings
and
three pence per thousand cubic feet and
so
in proportion for any
less
quantity
s:ipplied
Provided that at any time after
the expiration
of’
three years fiom the commencement
of
this Order
the
Board
of
Trade inay if they think
fit
by order
in
writing
to
be
signed by a secretary or
assistant secretary
of
the
said
Board alter the said maximum price either by
substituting any other
suni
for the said sum of
five
shillings and three pence or
by giving a standard price
wtn
sliding scale as
to
profits
and
as
from 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 fiom the
specitied date the provisions set forth in Schedule
B.
to
this Order annexed shall
be in force and
have
eff’ect and this Order shall be read and construed nccord-
iiigly
A
copy
of
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
s11;ill
be
conclusive evidence
of’
the due malting and validity of the
same
and
of‘
the contents thereof.
26.
The price
to
be charged by the Undertakers for
gas
supplied
by
them
price
of
gas.
PrPssure
of
Gus.
27.
All
gas
supplied
by
the Undertakers to any consrimer
of
gas
shall be
supplied at such pressure as
to
balanw from midnight to sunset
a
column of
W.
water not less thaii 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 ab
near
as
may
be
to
the
junction therewith
of
the
service pipe
supplying such consumer.
of
Testiq
(?f
Gas.
28. The Undertakers shall within six months after the commencement
of
thi:,
Testing
of
gas.
Order cause
to
be provided at their works
a
testing place with apparatus therein
aceording
to
the provisions
of
and the burner to
be used for testing gas
shaii
be
hgg’s
London Argand
No.
1
with a six-inch
by
one-and-thrae-quarter-inch
glass chimney and if at any the the
gas
flame
9
]'on-er
to
re-
ruse
to
siipply
person5
in
deht
fur
other property.
Per$
of
error in
defective
111
e ters .
Exemption
from penalties
in certain
cases.
Uiiclert
akers
to
p:ty
interest on
drposits.
8
Vict. c.
16.
s.
140
incor-
porated.
costs
of
Order.
tails over the top
of
the glass
a
six-inch by two-inch chimney shill
be
used
Provided that any other description
of
burner inay be used which niay for the
time being
be
approved
for
the purpose by the Board
of
Trado
aid
any gas
examiner appointed under the Gasworks Clauses Act
for
the purposes
of
this Order may subject
io
tlie terms
of
his appointment 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 ha1 or highway authority.
M?sccllamoii
c.
29.
If'
a
person reqiiiring
a
supply
of
gas
from the Undertakers has previously
quitted tlir premises at which gas
was
supplied
to
him by tliern without paying
to
theill all
gas
or
meter rent or other moneys due
fiom
kiln1 to the UndertaLers
they may iefuse
to
furnish to him
;t
supply
of
gas until lie pay the same.
30.
In the event
of
any ineter used
by
a consunier
of
gas
being tested in
nimmer proiided by the Sale
and being proved to register
erroneously within the meaning
of
the said Act such erroneous registration shall
he
deemed to have first arisen during the
laqt
preceding quarter
of
tlic
ptr
unless
ic
be proved
t.3
iiav~
first arisen
during
the
current
quartcr
The
amount
of
the allowance to be made
to
or
of
the surcharge
to
be
made upon the
consumer by the Undertakeys shall be paid by
or
to the Undertakers
to
or
by
the consumer
as
the
cas0
may be and shall
he
recoverable
in
like
maimer as
gas
rents are recoverable by the Undertakers.
31.
No
penalty shall bc incurred by the Undertakers for insufficiency of
pressure defect of illurninating power or
for
excess
of
impuiity in the
gas
supplied by them
in
any case
in
which it is proved th:it siich insufficiency
defect
or
excess
was
produced
by
an
unakoidable cause or accident.
32.
Where
any
money
is
depositrd by
any
person by way
of
security
$kith
the
Uiidertakers
for
the payment to them
of
my
moneys
which
may
become
due
to
thein
by
such
person
iu
respect of ai14
supply
of
gas
or the pnrthaxe or hire
of
any ineter the Undertakers
shall
pay
interest
at
the
rate
of
five pounds per
centum per annum
011
erery suiii
of
ten shillings deposited by way
of
suih
security for every six month4 during which the same reniins in their
hands.
33.
Section
140
of
the Companies Clauses Consolidation Act
1845
shall
be
and is hereby iixorporated with
this
Order Provitied that for tlie purpose
of
such incorporation the expression
"
the
Company
"
in
thv
said section shall be
constlued
to
mean the Undertakers.
34.
All the costs charges and expenses
of
ilnd
incicientnl
to
the applying
for
p'epariiig obtaining and
rontirniing
this Order
;mtl
othc~wise
in
relation tilereto
&ll
be
paid by the Undertalrers.
SCHEDULE
S.
SCHEDULE
A.
GAS
LAXDS.
Lands belonging or reputed
to
belong to
and
occupied
by
the
Undertakers
containing by admeasurement one statute acre
or
thereabouts situate
in
the
parish
of
Bcdworth
in
the county
of
Warwick bounded on the north by
a
road
leading
froin
Hedworth
to
Bulkington
on
the south by laiiti belonging or reputed
to belong to Samuel Smith on the east in part
by
land belonging or reputed to
lielong
to
thc
said Samuel Sinith
iklld
in
pari
by
property
belonging
or
reputed
to belong
to
the representatives of Thomas
Rowhottom
deceased and on the
west
in part
by
laid
belonging or
rcputed
to
belong
to
ll’ilhni
Johnson
ant1 in part
by laud belonging
or
reputed to belong
to
the trusteeh
of
Nicholas Chamberlain’s
clinri
ty.
SCHEDULE
B.
A.D.
1899.
Bedworth.
-
The foregoing
Orcler
shall after the making by the Board of Trade
of
an order
in
plirsuancr
of
the provisions
in
that behalf therein ccntsined prescribing
a
stantiarti price
for
gas slipplied by the Underhkers
N
itli sliding scale
as
to
profits
and
as
froni
tiic
specified date be read and construed subject
to
the modifications
follow in^
:-
(i.) Sections tliirty
to
thirty-four (both inclusive)
of
tlir
Gasworks Clauses Act
Sectiolrq
30
to
1817
sIiaU
not
continue
tn
be incorporated with or to
forin
pait, of the fore-
34ofGc1*~orkq
CI:1asrs
Act
qoing
Order
and in construing the said Act
for
tho purposes of the foregoing
1847
to
ceaic
Order section thirty-five of the
said
Act shall
be
read
and
cocstrued
as
though
poratcd.
to
be
ilrcor-
the
~vortis
from “in
case
the
whole
dowii to
“linve
been paid
all
inclusive
litid
been
omitted therofroni
and
as
though the expression
(‘
the
prescribed
rate
included the prescribed rates
as
c!efiiied
by
the foregQing Order together
\+ith ;iny
Pimi
whicli
uiider
th(.
provi-ions
of
this
scheclui~
iiiiglit
la\Tfully
lie
c.arliccl
to
the
insurance fund.
(ii.) Kotwitlistaiidin,: anything cont,iinc.d
iii
tlir fowgoing Orcler
thch
st,ind,ird
Price
of
gas
price to
be
charged by
the
Ui1dertdiers
fool.
IS
supplied
by
tlieni
to
private
~~~es~$~~
COI~S~II~(TS
by
wet(>r
sliall
1)c
the
price
pr(wrib4
by
sr:cii
onIer
UT
thc
I
(1ivic1cnil.
Trade
as
aforesaid per tliousanti cubic
feet
:
I’rovitlcd
that the Undertakers
xiay
i
ncrc,tse
or
retiire
tile
price
so
1))
tlieni
for
gas
abo\
v
or
below
tiic
st,inddrtl
price
subjcct
to
a
rcdricsioil
or
i!lcreclse in the divideiitl
payal~l(~
1)y
the
Uiitiei
tahers
on
t
lie
ordinary
share
cqitll
or
srock
;IS
follom~
:-
111
respect
ut’
any year during :my payt
of
1%
hich the price charged
ijy
the Undertdiei~ sliall have becii
3ne
pmny
or
part
of
:L
penily above
tile
11
A.D.
1899.
Redicortli.
-
If
profits
exceed amount
limited excess
may
be invested
and
form an
insurance fund.
Application
of further
excess
of
profits over
prescribed
rates.
Power
to
create
a
reserve
fund
and application
thercwf.
[Ch.
cxlii.)
Gas
Orders
Con&rmation
(NO.
1)
[62
&
63
VICT.]
Act,
1899.
standard price the dividend payable by the Undertakers shall in respect
of
eavh
penny
or
part of a peiiny by which the price
shall
have berri
ed
be
reduced helow the
sta1ida1tl
rate
of
diriclend
by
fire
shillings on every one hillidred pounds
of
ordinary paid-up capital with
a ten per centuin standard rate of dividend and by three shilliugs
and
sixpence on every one hundred pounds of such capital with
a
seven per
centum standard rate
of
dividend and
so
on in proportion
for
any frachion
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 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 centum dandard rate
of dividend and by three shillings and sixpence
on
every oiie hundred
pounds
of
such capital with a seven per centum standard rate
of
dividend
and
so
on
in proportion
for
any fraction of one hundred
pounds.
iii.) If the clear profits of the undertaking in any year amount
to
a larger
sum
t,hau is sufficient to pay the prescribed rates the excess beyond the
sum
necessary for
that
purpose may to the extent of one per centuin per
annuni upon the paid-up capital
of
thc Undertakers
be
invested in
Government or other securities and t.he 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 aniounts
to
a
sum
equal
to one-twentieth part
of
the paid-up capital
of
the Undertakers which sum shall
form
an insurance fund to ineet any
extraordinary claim demand or charge which may at any time arise against
or
fall upon the Undertakers from accident strike
or
other circutiistance
which in the opinion
of'
a
court
of
summary jurisdiction due care
and
management
couid
not have prevented and if such fund be
at
auy time
reduccd it niay t,hereafter be again made up to t.he
said
limit
as
often
as
such reduction happens Provided that when and
so
often
as
the stlid
fund reaches the
said
limit
of one-twentieth part
of
the paid-up capit2al tho
interest thereon shall be carried to the credit of the fund available for
dividend Provided also that resort may be had
to
tlie insurance f'inid
to
meet any extraordinary clnirii demand or cha.rge
as
aforesaid altliougii
such
fund may not
at
the time have reached or may
have
been reduced below
the full amount
of
one-twentieth
as
aforesaid.
ir.)
If t.he dear profits
of
the undertaking in any year amount to a larger
sulll
than is sufficient to pay the prescrihed 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
nf
the undertaking for the next following year.
7.)
Xliere
in
aiiy year the prescribed rztes
on
the nrdioary share capital
or
stock
of'
the
Undertakers exceed the standard rates by reason
of
the price
cll;lyged by the Undertakers for gas in such year being below tlie
staiidard
price
tlitrii
o;it
of
tlie
tin~ount
of'
the
tlivisible yrolits
of
tlie
Undert;il;clrs
1%
[62
&
63
VICY.]
Gus
Orders
ConJirmatioii
(No.
1)
Act,
1899.
[Ch.
cxlii.]
applicable to the payment
of
such excess
of
dividends the Undertakers
nay
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 Undertakers and
any
reserve
or other fund of a similar character
of
the Undertakers existing at the
specified date in relation to the undertaking may be invested in Governmeut
or other securities and thc dividends and interest arising from
such
securities
may
also
be invested in the same or the like securities in ortier 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 payment
of
dividend
in
any
year
in
which the clear profits
of
the
undertakers shall be
insrifficient to enable the Undertakers in such year
to
pay the prescribed
rates
and
save
as
by
this schedule specially provided no sum shall in respect
of
the undertaking
in
any year be carried
by
the Undertakers
to
any reserve
fund.
contract or agreement duly made
or
any
liability incurred
or
noticr given
before the specified date with respect to the gasworks
of’
or
the
supply
of’
gas
by the Undertakers.
*.D.
1899.
.BedTroyth.
-
(vi.) Nothing
in
this schedule contained
shall
alter vary or affect any
Saving
of
‘On-
ELSTREE
AND
BORERAM
WOOD
GAS.
Ordo
cnyoioering
the
Elsti*ep
cind
Bowhcim
TVood
Gus
Compmy
Elstree
atLd
Bweham
Wood.
1.
This
Order inny he cited as the Elstree and Uoreham Wood
Gm
Order
Short
title.
8.
This Order shall come into
force
and
have effect
upon
the
day
uheii
the
Conlmence-
Limited
to
rnis~
ndditional
cupitol
nncl
for
othw
piposes.
1899.
Act confirming this Order
is
passed which date is in this Order referred to
as
Order.
’‘
the
conimenwment
of
this Order.”
:i.
The Elstree and
Ihreliam
Wood
Gas
Order
1872
in
this
Order referred to
ConstiuLtion
of
as
the
01
der
of
18’72
as
amended
1)
y
this
Order
and
this Order shall
be
con-
Order.
strued
together excepc
so
far as such construction would be inconsistent with or
repugnant
to
the provisioils
of’
this Order.
Clauses
,\et
1871
a~
iiercl)y
incoq,t)r;itecl with thib
Order
cucppt where the
Of
5ame
arc
expressly vnid
l)y
thiq
Ortlri
dividend ,iiithoriserl
hy
this
Ortlt~
or
idi
ratm
a5
reduced
or
iiiciedsect in
accord:LncC
nitli thc provisiois
of
this
Order
anti
the
scvcrtil
words
ternis and
eyressioii:
tu
wliich by
any
Act
in whole
or
in part iiicorporatccl
with
this
Ordei
ant1
hy
the
Gas aiicl
Water
Works
Facilities
Act
18’70
rneaiiiiigs
are
assigned
tiavc
ttic
~;LIIIC
rcapective nic~airing~.
meat
of
4.
The
provisions
of
the Gasworks Clauses Act
184:
and
of
the Gasworks
Incorporation
5.
111
this
0rclt.r
the
expression
‘‘
the
prescribtvl
r,itei
ii\thans
the
rates
of
Interpretatiou.
E7?i
de
1.
taker.,
.
takers
toi
the
purposeb
of
this
Oi+r
anti
are
in
this Order roferred
to
as
6‘
the
Undertakers.”
6.
‘l’he
kllstree and
Boreha111
\Vocic!
Gas
Company I,imited shdl be the Under-
TJudertwkcrs.
13
AD.
1899.
Cupitai.
l?lstYee
WK~
Boreli
mi
Tv,,d,
-
7.
Notwithstanding anytliiug contained in section
6
of
the Order of
18’72
the
share
capital
of the Undertakers
sllnll
not exceed >isteen thousand
pounds
ancl
shall
consist
of
thc
sum
of
six tlionsand niiie hundred
and
forty pounds ordinary
share capital (in tliis Order rrfcrrcd to
as
‘’
the original ordinary capital
”)
the
PUII:
of three thousand ~nd 5ixty
pounds
preferencc she capitni (in this Ortlcr
retcrred
to
as
‘‘
the
origiaal preference capital
”)
createcl and istied
bp
the
Undertakers Idore the commencement
of‘
this
Order
and
of
addit,ion;d
sltare
capital (in
Ibis
Order referred to
as
“the additionai capital
”)
to
be
issued
eubjcct to tlie provkions
of
this Order
not
exceeding six thousand pounds
including any premiums nliich
may
be obtained
on
the sale of any shares under
the
provisions
of this
Ordor
unless the Undertakers are hereafter antliorisetl
to
raise for such purposes further additional share capital by Provisionti1 Order
under the Gas
aiid
Watei.
Works
Facilities
Ad
1870
or by Act
of
Parli~~meni.
8.
The
Uttdertakers
shall
when
any
shares forming part of
thc
additional
Capital.
~cn
silares
to
hc
offered
by
auction
or
teuder.
Where
pm-
prietor tenders
same
aniount
as
any other
persoli
pro-
prietor
to
hc
declared
the
p
~IrchLIscr.
l’urclinsc
ntoncy
of
shares to
lic
ptiid within
tlircc
montlre.
h‘oticc
to
lie
giveii
as
to
pale
of
&res.
capital
are
to
5c
issurd
and before offering the
inme
to tile holders
of
any other
shares
or
stocli
of the Undertakers and whether
thc
ordinary shares
or
ordinary
stock
of‘
thc Undertakers are or is
at
a premium
or
not offer the
saiiie
for
side
by public auction or tender in such manner at
such
times and solijcct
to
such
conditions
of
sale
as
the Undertalcers may by special resolution detwmine
Pro-
vided that
at
any
swh
sale
no
single
lot
shall
comprise
niore than
one
1iundre:l
pounds nominal
value
of
share3
and
that the rcserved price put upnn such
shares
shall not
be
less
than the nominal value thereof and notice
of
the amount
of‘
such reserved price shall be sent by
the
Undertakers in a sealed letter to
thc
Board of Trade not
less
than twenty-four h:)urs before the clay
of
auction
or
the last
day
for
the reception
of
tenders
as
the case may be and such letter
inay
be
opened after
such
day
of
auction or last day
for
the
reception of tenders
as
the czse may bc and not sooner and provided that
no
priority of tender
sliall
be
allowed to any holder
of
shares
of
the Undertakers.
9.
When the amount bidden
or
tendered
by
the proprietor
of
any share
or
stock
of thc Undertakers for any
lot
of
shares
so
offered for sale
by
auctioii
(11’
tender
uiidcr
the provisions
of
thi5 Order is equal
to
the highest airiouiit bidden
or
tendered for
the
same lot by any
person
not being
a
proprietor then and in
every such
case
surh proprietor shall
be
declared to
be
the purchaser of and
to
be entitled
to
such
lot.
10.
It
shall
be one
of
the
coilclitions
of
any sale
of
sliarej
under thc
piovi~ions
of
this
Ordw
that
the
fdl prire thereof including tirry premium
gii
en
by any
purchaser at
such
sale shall
be
paid
to
tho Uiidertaliers nithin three moiiths after
such
sale.
11.
The
intention to sell
ally
shares
bp
.iiwtion
or
tender
under
tlio
provisiollh
of
this Order shall
he
cor~irnutiicated by the Undertakers in
wiiting
to
the
cler];
of every
locri1
aiithority hdving juiisclictioii within the limits
(J<
5upl)ly
:LII(]
tile
secretary
of
the
coininittee
of
the Tdondon Stock Exchangc at
hist>
t\t-\-ellty-
eight days
bc,f’orc
the day of‘ auction the last
clay
for
til(. reception of tenders
a5
the
ca5e
may
be
and
iioticc
of
such
intention
shall
he
duly
advtxtised
by
tile
TJntlert:ihers once
in
each
of
two consecutive weeks
ill
uiic:
01
uioro
iiewsp;~p~
circulatiiiq
within
the
limits
of
supply.
14.
12.
When any shares have been offered for sale by auction
or
tender under
AD.
1899.
the provisiuns of this Order and not sold the same shall be offered at the
-
Elstree
mid
reserved price put.
upon
the same respectively for the purpose
of
sale by auction
Ro1'PJ,11112.
or
tender
to
the holders
of
tile ordinary shares
or
ordinary stock
of
the
wood.
Undertakers in
such
manner
as
may
be prescribed
by
a special resolution
Shares
not
passed
by
the Undertakers
accepted nithin the time prescribed by
siich
rebolution dial1 again
be
otferecl
tciic~cr
to
I)C
for
sale by public auction
or
twtier
in
the manner and sub,ject
to
the provisions
$~~~~$Cls~
of thi5
Order
with yespert
to
the sale of shares forming part
of
th::
additional
capital
and
the rescrve
put
upon
sucli
shares may upon such
secocd
or
any
sulseq:icnt
auction
or
tender if the directors
of
tlic Undertakers think
fit
be
less
tlia11
the
nominal Ialue thereof
and
any shares
iiot
then
sold
shall
hr:
again of-fered
to
rhe
holderr
of
ordinary shares
or
ordinary
stock
at
the last-
mentioned reserved price
and
so
on
until the whole
of'
such shares are sold.
P~u~~tletl
that any shnres
so
offcrcd
and
not
ip,':;:
I
:3.
Any
siitn
of
money which may arise from the issue
of
any
shares
under
~ppliantion
the
provisions
of
ttiis
Order
by
\i
ay
of
prrinirrni aftel tle(1ucting tlierefrom
the
~fl~~~~~~~ln
cspensr~s
of
and
incident
to
such
issue
shall not be considered
a5
profits
of'
tho
MK'
of
+1iIiies.
Undertnktrs
but
sliall
be
espendecl in extending
or
inipro\iiig
thL
worhs
of
the
Uiidertakery
or in
pajing
off
money borrowed
or
owing on mortgage by
the Undertdkers and shall not be considered as part of the capital
01
tlie
Undcrtdlrers entitled to dividend.
Id.
Except
as
by
this Order expressly provided
the
ITndertaker~
shall not in
r,lollts
of
any
year cieclax or
rriaIw
out
of
ttieir profits any
Iargcr
dividends
on
the original
~'~p~~~~~'o~l
ordinary capital the original preference capital and the additional capital
than
ten
pounds
in
respect
of
every one hundred pounds actua!ly paid
tip
of
the
original ordinary capital five pounds in respect
of
every
ono
hundred pounds
actually paid up
of
the original preference capital and seven pounds
in
respect
of
every one hundred pounds actually paid up
of
so
much
of
the additional
capital
as
may be issued
as
ordinary capital
or
five pounds in respect of every
one
hundred pounds actually paid
up
of
so
much
of
the additional capital
as
may
bo
issued
as
preference capital.
15.
In
case in any year or
in
any half-year
if
the
Unclertakers declare a
Dividends
dividend half-yearly the
net
revenues
of
the Undertakers applicable
to
dividend
''tL2E$"t
are
insuficient
to
pay the fdI amount
of
the prescribed rates
on
each ciasb
of
ordinary
ordinary
shares
in the original and additional capital
,i
proportionate reduction
$:;:$';-
shall
be iriade in the dividends payable
on
each class.
tionatcly.
16.
The
amomit
of
all moiieys borrowed
by
the Undertakers
aid
hecriretl by
Limit
inortgagc
of
tho
iinderrakiug shall
not
at any time exceed
in
the whole one-
ph~~~'~f"~
fourth
of
the amoui?t,
of
the
capital
of
the Undertakers actually raised by the
isclue
of
shares
including any premiums that may be obtained
on
the sale
of
any
shares
under the provisioiis of this
Order
and 110
higher rate
of
interest than
five
pnuiids
per
centnm per ;innurn shall be paid by the Undertakers withoul
tllr
vOi)\ri;t
of
tkic
13oarcl
of'
'l'ratlc
in
iespect
of
nny rnoneys borrowed by tho
Und(q.t,tl;era
,If
ter
the coniniencwient
of
this Order
aid
secured
a5
aforehaid.
15
[Ch.
cxlii.]
Gas
Orders
Coi$Jirmutiolz (No.
1)
Act,
1899.
[62
&
63
VICT.]
A.D.
1899.
Elstree
and
Quality
qf
Gns.
&weham,
Quality
of
gas.
-
17.
Section ten
of
the Order
of
1872
is hereby repealed and
the
quality
cf
the
gas
supplied by the Undertakers shall with respect
to
its
illuminating power
be such
as
to
produce a light eqital 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
1871.
Price
of
gas.
Pressure
of
gas.
Testing
gas.
Price
of
Gas.
1s.
As
from the first quarter day after the commencement
of
this Order section
11
of the Order
of
1872
shall be repealed and the price to be charged by the
Undertakers for gas supplied by them shall not exceed
six
shillings per thousand
cubic feet and
so
in proportion for any less quantity Provided that at any time
after the expiration
of
three years
from
the commencement of this Order the
Hoard of Trade may if they think
fit
by order in writing
to
be signed by
a
secre-
tary or assistant secretary of the said Board alter the said maximum price either
by
substituting any other
sum
for the said sun1 of six shillings
or
by giving
a
standard price with sliding scale as
to
profits and
as
from 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 thein shall be in
accordance with such order Provided further that
in
case such order
shalI
prescribe
a
standard price with sliding scale as to profits then
as
from the
specified date the provisions set forth in the Schedule to this Order annexed
shall be
in
force and have effect and this Order shall be read and construed
accordingly
A
copy
of
such order made by the Board
of
Trade shall be
published
in
the London Gaiette and
a
copy of the said gazette containing
such order shall he conclusive evidence
of
the due making and validity
of
the
same and of the contents thereof.
Pressure
of
Gas.
19.
All
gas
supplied by the Undertakers
to
any consumer
of
gas shall be
supplied
at
such presslire
as
to
balance froin inidnight t,o sunset,
a
cwlumn
of
water not less than six-tenths
of
an iiicli
in
height and
to
balaiice
Kroiti
sunhet
to
midnight
a
column
of
water not less than eight-tenths
of
a11
inch in height
at
the main as near as may be to the junction therewith
of
the service pipe
supplying such consuiner.
YZ.Sti,l!j
Gcts.
20.
As from the commencement ot’this Order section thirteen of’tlie Order
of
1872
shall be repealed and the following
provisioii
bh;ill
have eflect The Unrlcrt,zkcrs
shall cause to
be
provided at their
works
a
testing
tjlitcc
with apparatus thorcin
according
to
the
provisions of the Gasworks
Ciauses
Act
1871
and
t,lie brimer.
to
be
used
for testing gas shall be
a
Sugg’s
Londoli Argand
No.
1
with
t~
six-inch
by
one-and-three-cluarter-inch
glass chimney and if at any time the gas flame
tails
over
the top
of’
the glass
it
six-inch by two-inch chimney shall be
used
Provided that
any
other description
of
burner
Inay
br use(l whicli rwy
for
tlic
tirile
beiiig
be
~pprc!vc.d
for
the
piirpuse
by
the
13oarci
Tide
mil
any
31s
examiner appointed under the
Gas~orks
Claiiae: Aut
1871
for the
purpses
of
16
this Order
may
subject
to
the
terms
of
his appointment
at
silch
testiig plate
or
elsewhere as and
mlisn
he thinks
fit
test
the
presswe
at
ahich the
gas
is
siipplitd
niid
for
t’i>ai
pu~pose
may
op:i
a!iy
street
r
2.1
passage
or
place
(not
being the immcdiate approach
to
niiy
rdnTy
or
candl
Lriclge
or
railway station)
vested in
or
under
tlie
conti*ol
of
mi?
local
or
load
nutiinrity
and
two
houis
previous
;lot;ce
shall
bz. given to
t,he
lJdert&?rs
of
the
t;ice
and
glace
at
which
such
testing is to be conducted.
AD.
180%
Elst~ce
and
~~~~h~~~
Wood.
_I
21.-(1.)
Tile
Undertakers
may
se!i
let
for
lire
or
otlierwise
dml
iii
fix
polTcr
to
repair
and
remove
but sllall
not,
ii~mufact
ire
engilies
sto\
cs
ranges
pipm
and
WJI”Y
81s
..
fittings &c.
other fittiiigs
for
lighting for
motive
pivw
for
the
wnxning
arid
vcnt:htni;;
of
for
t1e:ttiq
houses
and
buildings
for
coolii:ig
of
foci1
r?!::2
for
a11
other.
purposes
for
uhidi
gas
nndntllcr
purposes.
can or
may
be used
and
mzy
provide
ail
materials
and
60
:?.I1
work
nccezaary
or
proper
iil
that
behalf
and
miti1
resp2ct
tlicrcto
m