SECT. 35.-Prescribes examination of the accounts, on the petition of two gas ratepayers, to see whether the profits exceed the amount prescribed, and provides in such case for reduction of price by the court of quarter sessions, or in Scotland by the sheriff Page 42 36. Should the petition prove to be groundless, the court or sheriff may order the petitioner to pay the costs .. p. 43 37.-Imposes a penalty of 1007. and 107. a day on undertakers refusing or neglecting after seven days to produce their books of account, such penalty being recoverable in any superior court, with full costs of suit P. 43 38.-Enacts that undertakers shall furnish the clerk of the peace, on or before the 31st day of January in each year, with an annual statement of receipts and expenditure under a penalty of 201. for any default p. 43 p. 48 39.-Gives power to make a tender of amends 40.-Incorporates the clauses of "The Railways Clauses Consolidation Act, 1845," with the act, as to recovery of damages which are not specially provided for 41.-Provides for disposition of penalties in Ireland, one-half being allocated to informer and one-half to the guardians of the poor .. P. 49 p. 51 p. 50 42.-Enables one magistrate, where by law he has authority to act alone, to do all acts authorized or required to be done by two magistrates; and in Scotland by the sheriff or his substitute 43.-Requires all penalties in the metropolitan district to be paid to the receiver of the metropolitan police district, and provides for appeal, payment of witnesses, &c. p. 51 44.-Makes any person giving false evidence upon oath under the act guilty of perjury .. .. p. 51 45.-Requires the undertakers to keep copies of their special act in their office open to inspection, and also to deposit copy with clerk of the peace .. p. 52 46.-Imposes a penalty of 207. and 51. a day on undertakers failing to keep or deposit copies of the special act p. 52 47.-Provides that undertakers are not to be exempt from provisions of the act for better paving, &c. the streets of the metropolis and the laws of sewers in force within ten miles of the Royal Exchange p. 52 48.-Saves the rights of the crown p. 52 49.-Provides that undertakers are not to be by this act exempted from the provisions of any general gas act which may hereafter be passed 50.-Gives power to amend or repeal the act THE GASWORKS CLAUSES ACT, 1871. 1.-Provides that this act and the act of 1847 should be construed together. Page 54 2. Gives short title P. 54 3.—Makes the act applicable to every undertaking authorized by any special act passed after the 13th day of July, 1871, or any provisional order made under the authority of "The Gas and Water Works Facilities Act, 1870," unless there be a special exemp tion .. .. P. 54 p. 57 4.-Interprets the terms used in the act 5.-Prohibits works being erected either for manufacture of gas or residual products on any lands except those described in the special act; also prohibits storing gas on any other lands without the consent of persons owning or occupying dwelling-houses within 300 yards of the site 6.-Enables undertakers to dispose of superfluous lands.. .. P. 57 p. 58 7.-Provides that the receipt of guardians, &c. shall be sufficient discharge 8.-Provides for appointment of receiver by mortgagees having an amount owing to them of at least 1,000/ 9. Makes the undertakers liable to indictment, &c. for any nui 10. Enables the undertakers to take easements by agreement P. 60 11.-Compels undertakers to supply gas under certain conditions to owners and occupiers of premises within the limits of the special act p. 60 12.-Provides for quality and purity of gas supplied by undertakers p. 63 13. Enables undertakers to require that the gas supplied by them be consumed by meter p. 63 14.-Compels undertakers to supply meters, either by sale or on hire, to consumers, who are to furnish security for the value or rent of such meter p. 64 15.-Prevents consumers from connecting with or disconnecting from service pipes without twenty-four hours' notice to undertakers under a penalty of 40s... 16.-Provides for the nature and amount of security to be furnished by p. 64 17.-Directs consumers to keep their meters in proper order and authorizes undertakers to take off and examine meters .. P. 64 18.-Gives power to the undertakers to let meters, and gives security against such meters being taken in execution P. 64 19.-Compels undertakers to keep the meters let by them for hire in good repair p. 65 20. Makes the register of the meter prima facie evidence of the quantity of gas consumed.. p. 65 21.-Gives power to officers of undertakers to enter buildings to inspect the meters, fittings and works for the supply of gas, and pro SECT. Page 65 vides a penalty of 51. on any person obstructing any officer in so doing 22.-Enables the agents and workmen of the undertakers, after twentyfour hours' notice, to enter buildings and remove meters and fittings in cases where a supply of gas is no longer required p. 65 23.-Provides a summary mode for recovery of charges for gas .. p. 66 24. Provides for supply of gas to public lamps; and in case of difference as to price, submits the question to arbitration P. 66 25.-Lays down conditions regulating the supply of gas to public lamps p. 67 26.-Enables the undertakers or the local authority of any district to affix governors to street lamps .. .. p. 67 27.-Directs all differences between the undertakers and any local authority to be settled by arbitration in manner provided by "The Companies Clauses Consolidation Act, 1845" P. 68 28.-Compels undertakers to provide and keep in good repair a testing place and apparatus for testing quality and purity of gas, according to regulations in Part I. of Schedule A. p. 68 29.—Enables any local authority within the limits of the special act to appoint a gas examiner to test the illuminating power and purity of the gas at the test-house provided by the undertakers.. p. 69 30.-Gives power to two justices to appoint gas examiner on application of not less than five gas consumers, with same powers as gas examiners appointed by a local authority p. 69 31.-Allows officer of undertakers to be present at any testing of the gas p. 70 32.-Directs the mode of testing to be in accordance with the rules prescribed in Part II. of the Schedule A. p. 70 33.-Directs that the report of the gas examiner shall be delivered the next day after testing, both to the local authority or justices and to the undertakers 34.-Provides for access of gas examiners to testing place, and inflicts a penalty of 57. on undertakers making default p. 70 35.-Prescribes mode of framing an annual statement of accounts according to Schedule B., which statement is to be forwarded to the local authority of every district within the limits of the special act every year on or before the 25th day of March: p. 70 These statements are to be kept by undertakers, and sold to all applicants at one shilling per copy: It also gives the Board of Trade power to alter the form of accounts from time to time; And provides that in case of default by the undertakers, they are to be liable to a penalty of 40s. for every day of such default p. 70 36.-Provides penalties for failure to supply gas at proper pressure, of less illuminating power, or of less purity than provided for in the special act: But the penalties are not to be cumulative p. 71 SECT. 37.-Provides for the costs of experiments where gas examiner is ap Page 71 pointed by the justices.. 38.-Provides penalties for wilfully or by culpable negligence injuring meters, pipes or fittings belonging to the undertakers, or for tampering with any meter.. p. 72 39.-Prevents undertakers from claiming from incoming tenant arrears of gas rents due by former tenant 40.-Provides that arrears due for gas or meter rent, or fittings, or expenses incurred in cutting off the gas, may be recovered by the undertakers as a penalty p. 73 41.-Enables the undertakers, in addition to other remedies, to recover any rent or sum due to them in any court of competent jurisdiction with full costs of suit .. .. p. 72 p. 73 42. Enables several names and sums to be contained in one summons or warrant .. p. 73 43.-Provides that a warrant of distress may include also the costs p. 73 44.-Provides summary remedy for recovery of penalties, &c., as in "The Gasworks Clauses Act, 1847" 45.-Directs mode for service of notices p. 73 P. 74 46.-Provides against disqualification of justices by reason of their being gas consumers Schedules. p. 74 GASWORKS CLAUSES ACT, 1847. 10 VICT. CAP. 15. An Act for consolidating in One Act certain Provisions usually contained in Acts authorizing the making of Gasworks for supplying Towns with Gas. [23rd April, 1847.] WHEREAS it is expedient to comprise in one general act sundry provisions usually contained in acts of parliament authorizing the construction of gasworks for supplying towns with gas, and that as well for avoiding the necessity of repeating such provisions in each of the several acts relating to such undertakings as for ensuring greater uniformity in the provisions themselves: Be it enacted by the Queen'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, that this act shall extend only to such gasworks as Extent of act. shall be authorized by any act of parliament hereafter to be passed which shall declare that this act shall be incorporated therewith; and all the clauses of this act, save so far as they shall be expressly varied or excepted by any such act, shall apply to the undertaking authorized thereby, so far as the same shall be applicable to such undertaking, and shall, with the clauses of every other act which shall be incorporated therewith, form part of such act, and be construed therewith, as forming one act. A gas company, after obtaining a special act, becomes a corporation aggregate, and acquires, among others, the following powers and rights: 1st. To have perpetual succession. 2nd. To sue or be sued, implead or be impleaded, grant or receive by its corporate name, and do all other acts as natural persons may. 3rd. To purchase lands and hold them for the benefit of themselves and their successors. |