In the case of a Provisional Order authorising the generation, supply, or use of electricity, there shall be inserted either a clause defining the lands in or upon which any station for generating electricity may be constructed, or a clause to the effect that the undertakers shall not be exonerated from any indictment, action, or other proceeding for nuisance in the event of any nuisance being caused or permitted by them on the lands on which any such generating station may be constructed. additional 135. In every Provisonal Order by which an existing Gas or Gas or Water Water Company is authorised to raise additional capital, pro- Companiesvision shall be made for the offer of such capital by public capital auction or tender at the best price which can be obtained, unless Commissioners shall report that such provision ought not to be required for the interest of the public with the reasons on which their opinion is founded. In the case of every such Gas Provisional Order it shall be competent to Commissioners so to regulate the price of the Gas to be charged to consumers that any reduction of an authorised standard price shall entitle the Company to make a proportionate increase of the authorised dividend, and that any increase above the standard price shall involve a proportionate decrease of dividend. [188] [140a.] 136. In the case of every Provisonal Order whereby it is Compensaproposed to impound the whole or any part of the water of any tion Water. river or stream, and to give a flow of water in compensation for [185] [110a.] the water so impounded, Commissioners shall inquire into the expediency of making provision, so far as may be practicable, that the whole or a minimum amount of such compensation water shall be given in a continuous flow throughout the twenty-four hours of every day, and shall report accordingly. 137. Where a public navigable tidal river or channel is included within the limits of deviation of any work, other than a railway, a clause shall be inserted in the Order that no deviation of such work shall be made from the lines thereof, as marked on the deposited plan, even within the limits of deviation shown on such plan, in such manner as to diminish the navigable space, without the previous consent of the Board of Trade, or otherwise than in such manner as is expressly authorised by the Board of Trade. 138. In any Provisional Order by which the profits of any As to concompany are limited, provision shall be made that the company version of shall not have power to raise the money by the Order authorised to be borrowed on mortgage or any part thereof by the creation of shares or stock instead of borrowing or to convert into capital the amount borrowed under the provisions of the Order, or any part thereof, unless in either case all borrowed money into capital in certain cases. [109.] If work not completed within time limited, power to cease. [107.] Periods for completion Agreement to be annexed to Pro visional Order Scheduled to be subject to alteration. [104.] Secretary for Scotland to have regard to certain orders. General Acts or Clauses 56 dividends upon the shares or stock, whether ordinary or preferential, are limited to a rate not exceeding five pounds per centum per annum. 139. In every Provisional Order of the second class, a clause shall be inserted to the effect that in case the work thereby authorised be not completed within a period to be limited, all the powers and authorities given by the Provisional Order shall thenceforth cease and determine, save only as to so much of such work as has been completed within such time, with such provisions and qualifications as the nature of the case shall require. Such period shall not exceed in the case of a new railway, tramroad, or tramway five years, and in the case of extension of time three years, unless Commissioners think fit, in the special circumstances of the case, to allow a longer period. In the case of extension of time the additional period shall be computed from the expiration of the period sought to be extended. Agreements. 140. Where it is sought by any Provisional Order to sanction any Agreement, such Agreement shall be annexed to the Provisional Order as a Schedule thereto, and shall be printed in extenso therewith. 141. Any agreement intended to be scheduled to any Provisional Order shall contain a clause declaring the same to be made subject to such alterations as may be made therein during the progress of the Provisional Order; but if any material alteration be so made in any agreement it shall be competent to any party thereto to withdraw the same. Applications of Orders and Statutes. 142. Where these Orders give any instructions to Commissioners in respect of their dealings with a Provisional Order, the Secretary for Scotland shall in the case of a Provisional Order which is not referred to Commissioners have regard to such instructions before making and issuing the same. 143. In every case where, if a proposed Provisional Order thereof to be were a Private Bill, any general Act of Parliament or clauses incorporated. thereof would be incorporated therewith according to law or to the ordinary practice of Parliament, such Act or clauses shall be incorporated with the Provisional Order, subject to such exceptions and variations as may be mentioned in the Provisional Order. Application of Parlia mentary 144. The provisions of the Parliamentary Documents Deposit Act, 1837,* shall apply in respect of maps, plans, sections, and other documents by these Orders required to be deposited, and * 7 Will. 4 & 1 Vict. c. 83. shall be binding on all persons with whom the same are Deposits directed to be deposited, and may be enforced in all respects as Act, 1837. if such deposits were required by Standing Orders of either of the Houses of Parliament. mentary 145. The provisions of the Parliamentary Deposits Act, 1846,* Application shall apply in respect of any sums of money by these Orders of Parliarequired to be deposited by the subscribers to any work or Deposits undertaking as if such deposits were required by Standing Act, 1846. Orders of either House of Parliament. Provided that in respect of such sums of money the powers of a clerk of the Office of the Clerk of the Parliaments or the Private Bill Office of the House of Commons under the said Act shall, so long as the procedure for obtaining sanction to the work or undertaking aforesaid is by way of Draft Provisional Order, be vested in and may be exercised by an Under Secretary or Assistant Under Secretary for Scotland; and provided further that in the said Act of 1846 the expression "Bill" shall be deemed to include a Provisional Order or Draft Provisional Order under the principal Act, and references to the rejection or withdrawal of a Petition or Bill by some proceeding in either House of Parliament shall be deemed to include reference to the refusal or withdrawal of a Provisional Order or a Draft Provisional Order under the principal Act; and in case of such refusal or withdrawal the Court shall not make an order in terms of the said Act of 1846, unless upon the production of the certificate of the Secretary for Scotland that such Provisional Order or Draft Provisional Order was refused or withdrawn, which certificate the Secretary for Scotland shall grant subject to the like incidents and conditions as are provided in the said Act of 1846 with respect to a certificate signed by the Chairman of Committees of the House of Lords or the Speaker of the House of Commons. Withdrawal of Petitions or Memorials. Memorialist 146. Any Petitioner or Memorialist may withdraw his Peti- Petitioner or tion or Memorial by declaration of withdrawal made by himself may withor his Agent in the course of a hearing before Commissioners draw Petition or the Examiner, as the case may be, or on a requisition to or Memorial. [206.] that effect being deposited in the Office of the Secretary for Scotland or in the Office of the Examiners at Westminster, as the case may be signed by such Petitioner or Memorialist or by the Agent who deposited such Petition or Memorial; and where any such Petition or Memorial is signed by more than one person, any person signing such Petition or Memorial may withdraw his opposition by declaration as aforesaid, or by a similar requisition, signed and deposited as aforesaid. Petitioners applying for a Provisional Order may withdraw their application by declaration as aforesaid, or by requisition signed and deposited as aforesaid. * 9 & 10 Vict. c. 20. Printing. [202.] Scale of Fees payable by Promoters, Opponents, &c. In any case where all petitions duly presented to the Secretary for Scotland in terms of General Orders against a Provisional Order which has been referred to Commissioners for local inquiry have been withdrawn by requisition as aforesaid before Commissioners have opened the inquiry into such Draft Provisional Order, the Draft Provisional Order shall be deemed to be withdrawn from inquiry before Commissioners unless the Secretary for Scotland in terms of the principal Act thinks inquiry necessary, although there is no opposition, and directs such inquiry to proceed. Printing. 147. The General Orders shall be printed from time to time as amended by all Orders made prior to the date of such printing* Draft Provisional Orders, Provisional Orders, and other printed documents in these Orders mentioned, shall where practicable be printed on paper of foolscap size. All charges in any way affecting the Public Revenue which occur in the clauses of any draft Provisional Order, or Provisional Order, shall be printed in Italics. V. Fees Payable by Petitioners and Opponents. 148. The following scale of fees,§ fixed with the consent of the Treasury, shall be a General Order; SCALE OF FEES UNDER THE PRIVATE LEGISLATION (1.) Fees payable by Promoters of a Provisional Order; On application On issue of modified draft Provisional Order £ 25 ... 25 [The above fees to be increased by one-third The Orders are here reprinted accordingly. 25 For Treasury Orders regulating collection and disposal of Fees see Appendix (B). ... ... ... ... ... ... 3 10 5 For every day on which the Examiner shall inquire into compliance with General Orders For the first day on which the Promoters appear at a local inquiry before Commissioners For each subsequent day The Promoters in addition to provide at their own expense suitable accommodation for the inquiry in the place determined by the Commissioners, and also to provide verbatim shorthand notes of evidence and transcript, under arrangements to be approved by the Commissioners or the person appointed to act as clerk to the Commissioners; the transcript to be handed in daily to the Commissioners; and the shorthand writer's fee and the cost of transcription in respect of any day to be divided between the Promoters, who shall pay one-half, and the Petitioners appearing on such day, who shall jointly pay the other half in equal shares. Any dispute as to the amount payable by any party for shorthand writer's fee or transcript to be referred to the person appointed to act as clerk to the Com missioners. (2.) Fees payable by Opponents and other Petitioners; On deposit of memorial complaining of non-compliance with General Orders £ 1 3 2 ... For every day on which the Examiner shall in- ... ... ... ... ... ... On deposit of Petition praying to be heard against For each subsequent day [The fees payable on deposit of Petitions to be (3.) General; For each witness to whom an oath or affirmation |