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ments as shall be directed to be deposited with them under the Standing Orders of either House of Parliament.
to keep or depo.
LIX. If the Undertakers fail to keep or deposit, as herein- Penalty on Unbefore mentioned, any of the said Copies of the special Act, they dertakers failing shall forfeit Twenty Pounds for every such Offence, and also sit such Copies. Five Pounds for every Day afterwards during which such Copy shall be not so kept or deposited.
LX. And be it enacted, That this Act may be amended or Act may be repealed by any Act to be passed in this Session of Parliament. amended, &c.
CA P. XV.
An Act for consolidating in One Act certain Provisions usually contained in Acts authorizing the making of Gasworks for supplying Towns with Gas.
[23d 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 sup'plying 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 Extent of Act. Gasworks as 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.
And with respect to the Construction of this Act and any Interpretations Act incorporated therewith, be it enacted as follows:
in this Act:
II. The Expression "the special Act," used in this Act, "special Act:” shall be construed to mean any Act which shall be hereafter passed authorizing the Construction of Gasworks, and with which this Act shall be so incorporated as aforesaid; and the Word "prescribed," used in this Act in reference to any Matter "prescribed:" herein stated, shall be construed to refer to such Matter as the same shall be prescribed or provided for in the special Act, and the Sentence in which such Word occurs shall be construed as if, instead of the Word "prescribed," the Expression "prescribed for that Purpose in the special Act" had been used; and the Expression "the Lands" shall mean the Lands which shall "the Lands:" by the special Act be authorized to be taken or used for the Purposes
"the Undertakers:" Interpretations in this and the
"Month:" "Superior Courts:"
" County :"
10 VICT. Purposes thereof; and the Expression "the Undertaking" shall mean the Gasworks and the Works connected therewith by the special Act authorized to be constructed; and the Expression "the Undertakers" shall mean the Persons by the special Act authorized to construct the Gasworks.
III. The following Words and Expressions, in both this and the special Act, and any Act incorporated therewith, shall have the Meanings hereby assigned to them, unless there be something in the Subject or Context repugnant to such Construction; (that is to say,)
Words importing the Singular Number only shall include the Plural Number, and Words importing the Plural Number only shall include also the Singular Number:
Words importing the Masculine Gender shall include Fe
The Word "Person" shall include Corporation, whether
The Word "Lands" shall include Messuages, Lands, Tene-
The Expression "Gas Rate" shall include any Rent, Re-
The Word "Month" shall mean Calendar Month:
The Word "Oath" shall include Affirmation in the Case of
the Expression "Two Justices" shall be understood to "Two Jusmean Two or more Justices met and acting together: The Word "Sheriff" shall mean the Sheriff Depute of the "Sheriff":" County or Ward of a County in Scotland, and the Steward Depute of the Stewartry in Scotland in which the Matter submitted to the Cognizance of the Sheriff arises, and shall include the Substitutes of such Sheriff Depute and Steward Depute respectively:
The Expression "Quarter Sessions" shall mean Quarter "Quarter SesSessions as defined in the special Act; and if such Expression be not there defined it shall mean the Court of General or Quarter Sessions of the Peace which shall be held at the Place nearest to the Gasworks, or the principal Office thereof, for the County or Place in which the Gasworks are situate, or for some Division of such County having a separate Commission of the Peace.
And with respect to citing this Act or any Part thereof, be Citing the Act. it enacted as follows:,
IV. In citing this Act in other Acts of Parliament, and in Short Title of legal Instruments, it shall be enough to use the Expression "The the Act. Gasworks Clauses Act, 1847."
Portions of this
V. For the Purpose of incorporating Part only of this Act Form in which with any Act hereafter to be passed, it shall be enough to Act may be indescribe the Clauses of this Act with respect to any Matter in corporated in the Words introductory to the Enactment with respect to such other Acts. Matter, and to enact that the Clauses so described, or that this Act, with the Exception of the Clauses so described, shall be incorporated with such Act, and thereupon all the Clauses of this Act so incorporated shall, save so far as they are expressly varied or excepted by such Act, form Part of such Act; and such Act shall be construed as if such Clauses were set forth therein with reference to the Matter to which such Act relates.
And with respect to the breaking up of Streets for the Laying of Pipes. Purpose of laying Pipes, be it enacted as follows:
VI. The Undertakers, under such Superintendence as is Power to break herein-after specified, may open and break up the Soil and Pave- up Streets, &c., ment of the several Streets and Bridges within the Limits of intendence, and the special Act, and may open and break up any Sewers, to open Drains. Drains, or Tunnels within or under such Streets and Bridges, and lay down and place within the same Limits Pipes, Conduits, Service Pipes, and other Works, and from Time to Time repair, alter, or remove the same, and also make any Sewers that may be necessary for carrying off the Washings and waste Liquids which may arise in the making of the Gas, and for the Purposes aforesaid may remove and use all Earth and Materials in and under such Streets and Bridges, and they may in such Streets erect any Pillars, Lamps, and other Works, and do all other Acts which the Undertakers shall from Time to Time deem necessary for supplying Gas to the Inhabitants of the District included within the said Limits, doing as little Damage [No. 12. Price 2d.]
Laying of Pipes. as may be in the Execution of the Powers hereby or by the special Act granted, and making Compensation for any Damage which may be done in the Execution of such Powers.
Not to enter on private Land without Con.
Notice to be
served on Per
sons having Control, &c. be
up Streets or
Streets or Drains not to be broken up, except under
Superinten- dence of Persons having Control of the same.
VII. Provided always, That nothing herein shall authorize or empower the Undertakers to lay down or place any Pipe or other Works into, through, or against any Building, or in any Land, not dedicated to public Use, without the Consent of the Owners and Occupiers thereof; except that the Undertakers may at any Time enter upon and lay or place any new Pipe in the Place of an existing Pipe in any Land wherein any Pipe hath been already lawfully laid down or placed in pursuance of this or the special Act or any other Act of Parliament, and may repair or alter any Pipe so laid down.
VIII. Before the Undertakers proceed to open or break up any Street, Bridge, Sewer, Drain, or Tunnel, they shall give to the Persons under whose Control or Management the same. may be, or to their Clerk, Surveyor, or other Officer, Notice in Writing of their Intention to open or break up the same, not less than Three clear Days before beginning such Work, except in Cases of Emergency arising from Defects in any of the Pipes or other Works, and then so soon as is possible after the beginning of the Work, or the Necessity for the same shall have arisen.
IX. No such Street, Bridge, Sewer, Drain, or Tunnel shall, except in the Cases of Emergency aforesaid, be opened or broken up except under the Superintendence of the Persons having the Control or Management thereof, or of their Officer, and according to such Plan as shall be approved of by such Persons or their Officer, or in case of any Difference respecting such Plan, then according to such Plan as shall be determined by Two Justices; and such Justices may, on the Application of the Persons having the Control or Management of any such Sewer or Drain, or their Officer, require the Undertakers to make such temporary or other Works as they may think necessary for guarding against any Interruption of the Drainage during the Execution of any Works which interfere with any such Sewer If Persons hav- or Drain: Provided always, that if the Persons having such ing the Control, Control or Management as aforesaid, and their Officer, fail to attend at the Time fixed for the opening of any such Street, Bridge, Sewer, Drain, or Tunnel, after having had such Notice of the Undertakers Intention as aforesaid, or shall not propose any Plan for breaking up or opening the same, or shall refuse or neglect to superintend the Operation, the Undertakers may perform the Work specified in such Notice without the Superintendence of such Persons or their Officer.
&c. fail to superintend, Undertakers may perform
the Work without them.
X. When the Undertakers open or break up the Road or broken up to be Pavement of any Street or Bridge, or any Sewer, Drain, or reinstated with- Tunnel, they shall with all convenient Speed complete the Work for which the same shall be broken up, and fill in the Ground, and reinstate and make good the Road or Pavement, or the Sewer, Drain, or Tunnel, so opened or broken up, and carry away the Rubbish occasioned thereby, and shall at all
Times, whilst any such Road or Pavement shall be so opened Laying of Pipes. or broken up, cause the same to be fenced and guarded, and shall cause a Light sufficient for the warning of Passengers to be set up and maintained against or near such Road or Pavement where the same shall be open or broken up, every Night during which the same shall be continued open or broken up, and shall keep the Road or Pavement which has been so broken up in good Repair for Three Months after replacing and making good the same, and for such further Time, if any, not being more than Twelve Months in the whole, as the Soil so broken up shall continue to subside.
ing Streets, &c.
XI. If the Undertakers open or break up any Street or Penalty for DeBridge, or any Sewer, Drain, or Tunnel, without giving such lay in reinstat Notice as aforesaid, or in a Manner different from that which shall have been approved of or determined as aforesaid, or without making such temporary or other Works as aforesaid when so required, except in the Cases in which the Undertakers are hereby authorized to perform such Works without any Superintendence or Notice, or if the Undertakers make any Delay in completing any such Work, or in filling in the Ground, or reinstating and making good the Road or Pavement, or the Sewer, Drain, or Tunnel, so opened or broken up, or in carrying away the Rubbish occasioned thereby, or if they neglect to cause the Place where such Road or Pavement has been broken up to be fenced, guarded, and lighted, or neglect to keep the Road or Pavement in repair for the Space of Three Months next after the same is made good, or such further Time as aforesaid, they shall forfeit to the Persons having the Control or Management of the Street, Bridge, Sewer, Drain, or Tunnel, in respect of which such Default is made, a Sum not exceeding Five Pounds for every such Offence, and they shall forfeit an additional Sum of Five Pounds for each Day during which any such Delay as aforesaid shall continue after they shall have received Notice thereof.
XII. If any such Delay or Omission as aforesaid take place, In case of the Persons having the Control or Management of the Street, Parties may Delay, other Bridge, Sewer, Drain, or Tunnel in respect of which such Delay reinstate, and or Omission shall take place, may cause the Work so delayed or recover the Exomitted to be executed, and the Expence of executing the same pences. shall be repaid to such Persons by the Undertakers; and such Expences may be recovered in the same Manner as Damages are recoverable under this or special the Act.
And with respect to the Supply of Gas, and the Recovery of Supply of Gas. the Rent to be paid for the same, be it enacted as follows:
XIII. The Undertakers may from Time to Time enter into Power of the Company to any Contract with any Person for lighting or supplying with contract for Gas any public or private Building, or for providing any Person lighting Streets, with Pipes, Burners, Meters, and Lamps, and for the Repair &c. thereof, and may also from Time to Time enter into any Contract with the Commissioners, Trustees, or other Persons having