Lyme Regis District Water Act 1933

Cited as:1933 c. xxiv
Jurisdiction:UK Non-devolved


Lyme Regis District Water Act 1933

(23 & 24 Geo. 5) c. xxiv

An Act to incorporate and confer powers upon the Lyme Regis District Water Company to authorise them to construct waterworks and to supply water in Lyme Regis and the neighbourhood thereof and for other purposes.

[28th June 1933]

[23 & 24 Geo. 5.] Lyme Regis [Ch. XXiv.] District Water Act, 1933. CHAPTER xxiv. An Act to incorporate and confer powers upon the a.d. 1933. Lyme Regis District Water Company to autho-rise them to construct waterworks and to supply water in Lyme Regis and the neighbourhood thereof and for other purposes. [28th June 1933.] W HEREAS the Lyme Regis District Water Company Limited (hereinafter referred to as " the limited company") was on the eighteenth day of June one thousand nine hundred and thirty-two incorporated under the Companies Act 1929 for the purpose (inter alia) of establishing and carrying on in the neighbourhood of Lyme Regis in the counties of Devon and Dorset the business of a water supply company in all its branches : And whereas by deed of grant set forth in the First Schedule to this Act the limited company have acquired the right to take water from portions of the Pmhay Estate in the parishes of Uplyme and Axmouth in the county of Devon : And whereas the mayor aldermen and burgesses of the borough of Lyme Regis have entered into an agreement with the limited company whereby that company should supply and distribute water within a portion of the said borough and should afford a supply of water in bulk to the said mayor aldermen and burgesses for distribution by them within the remaining portion of the said borough : [Price 2s. U. Net] A 1 [Oh. xxiv.] Lyme Regis [23 & 24 Geo. 5.] District Water Act, 1933. A.B. 1933. And whereas the share capital of the limited ? company consists of twenty thousand pounds divided into two thousand shares of ten pounds each of which sum ten thousand pounds has been issued and raised : And whereas it is expedient that the limited company should be dissolved and that the members thereof should be reincorporated as in this Act provided into a Company (hereinafter referred to as " the Company") with power to supply water within the limits defined by this Act: And whereas it is expedient that the Company should for the purpose of affording such supply be empowered to construct the works described in this Act: And whereas a plan and sections of the works by this Act authorised and a book of reference to such plan containing the names of the owners and lessees or reputed owners and lessees and of the occupiers of the lands required or which may be taken for the purposes or under the powers of this Act have been deposited with the clerk of the county council of the county of Devon and are in this Act referred to as the deposited plan sections and book of reference : And whereas the objects of this Act cannot be attained without the authority of Parliament; May it therefore please Your Majesty that it may be enacted and be it enacted by the King's most Excellent Majesty by and with the advice and consent of the Lords Spiritual and Temporal and Commons in this present Parliament assembled and by the authoritv of the same as follows : Part I. Preliminary. Short title. 1. This Act may be cited as the Lyme Regis District Water Act 1933. Act divided 2. This Actjmay be divided into Parts as follows : into Parts. part j _Preliminary. Part II.Incorporation of Company. Part III.Limits of supply. Part IV.Works and lands. 2 [23 & 24 Geo. 5.] Lyme Regis [Ch. xxiv.] District Water Act, 1933. Part V.Supply of water &e. A.D. 1933. Part VI.Financial provisions. Part VII.Administrative provisions. Part VIII.Miscellaneous. 3. The following Acts and parts of Acts so far as Inoorpora-applicable for the purposes of this Act and not incon- tion of sistent with the provisions of this Act are hereby Acts* incorporated with this Act (namely): (1) The Lands Clauses Acts : Provided always that any question of disputed compensation under this Act or any Act incorporated therewith (other than a question required to be determined by two justices) shall be determined by a single arbitrator to be agreed upon between the Company and the person claiming the compensation or in default of such agreement appointed by the Minister of Health on the application of either party; (2) The Waterworks Clauses Acts 1847 and 1863 except the words " with the consent in writing " of the owner or reputed owner of any such " house or of the agent of such owner" in section 44 of the Waterworks Clauses Act 1847; (3) The Companies Clauses Consolidation Act 1845 (except the provisions thereof with respect to the conversion of borrowed money into capital) and Part I (relating to cancellation and surrender of shares) Part II (relating to additional capital) and Part III (relating to debenture stock) of the Companies Clauses Act 1863 as amended by subsequent Acts. 4. In this Act unless there be something in the Interpreta-subject or context repugnant to such construction the tion-several words and expressions to which meanings are assigned by the Acts wholly or partly incorporated herewith have the same respective meanings And " The Company" means the Lyme Regis District Water Company incorporated by this Act; " The limited company" means the Lyme Regis District Water Company Limited; " The Minister " means the Minister of Health; A 2 3 [Ch. XXivJ Lyme Regis [23 & 24 Geo. 5.] District Water Act, 1933. A.D. 1933. " The limits of supply" means the area within which the Company are from time to time authorised to supply water; " The appointed day" means the first day of July one thousand nine hundred and thirty-three ; " The undertaking " means the undertaking of the Company as from time to time authorised; and " Shareholder " includes stockholder; " Telegraphic line " has the same meaning as in the Telegraph Act 1878. Scheduled deed of grant confirmed. 5.(1) The deed of grant made the twenty-eighth day of October one thousand nine hundred and thirty-two between Ormsby Allhusen of the one part and Lyme Regis District Water Company Limited of the other part set forth in the First Schedule to this Act is hereby confirmed and made binding on the parties thereto. (2) Nothing in this Act shall confer upon the limited company or the Company as against the said Ormsby Allhusen any powers or rights not conferred upon the limited company by the said deed of grant. Part II. Incorporation of Company. Incorporation of Company. 6. As from the appointed day the limited company shall be dissolved and the several persons who immediately before the appointed day were members of the limited company and all other persons who have subscribed to or shall become proprietors in the undertaking and their executors administrators successors and assigns respectively shall be and are hereby united into a company for the purposes hereinafter mentioned and shall be and are hereby incorporated by the name of the " Lyme Regis District Water Company " and by that name shall be a body corporate with perpetual succession and a common seal and with power to take hold and dispose of lands and other property for the purposes of this Act and of the undertaking. 4 [23 & 24 Geo. 5.] Lyme Regis [Ch. XXivJ District Water Act, 1933. 7. The Company shall be established for the purposes A.D. 1933. of supplying water to and within the limits of supply and generally of carrying on the business of a water Generalpur- company and for other the purposes of this Act. Company 8. Subject to the provisions of this Act all the lands Property of waterworks erections buildings property rights and ease- limited ments which immediately before the appointed day are corpany vested in the limited company or any person in trust for J^^L them or to which the limited company are in anywise entitled and all pipes plant apparatus stocks matters and things which have been purchased or provided by and are immediately before the appointed day the property of the limited company and all moneys securities credits effects and other property whatsoever which immediately before the appointed day belong to the limited company or to any trustee on their behalf and the benefit of all contracts and engagements entered into by or on behalf of the limited company and immediately before the appointed day in force (including the deed of grant set forth in the First Schedule to this Act) and the undertaking of the limited company shall on and from the appointed day be by virtue of this Act transferred to and vested in the Company to the same extent and for the same estate and interest as the same were previously to the appointed day vested in the limited company or any trustee on their behalf and may according to the provisions of this Act be held and enjoyed sued for and recovered maintained altered discontinued removed and dealt with by the Company as they think fit. 9. Subject to the provisions of this Act as from the Avoidance appointed day the memorandum and articles of associa- of memo- tion of the limited company shall as to any prospective raj**um **n * operation be wholly void : association Provided that nothing in this Act shall affect the ofMted previous operation of the said memorandum and articles comPany* or anything done or suffered or any right obligation or liability acquired accrued or incurred thereunder and with respect to all such rights obligations and liabilities the Company and the proprietors thereof and the property of the Company shall to all intents and purposes represent the limited company and the members thereof as such and the property of the limited company. h [Oh. xxiv.] Lyme Regis [23 & 24 Geo. 5.] District Water Act, 1933. A.D. 1933. Contracts prior to appointed day to be binding. 10. All purchases sales conveyances grants assurances deeds contracts bonds and agreements entered into or made before the appointed day by to or with the limited company or any trustee or person acting on behalf...

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