As to the enactments incorporated with provisional orders [see s. 10, supra, p. 327] :

·

The Gas Works Clauses Act, 1847, contains ample power for undertakers, authorised to construct gas works, to open and break up streets, &c., and various other necessary and convenient powers and privileges, and the undertakers are thereby subjected to divers conditions for the public benefit. This Act has been amended by the Gas Works Clauses Act, 1871 (34 & 35 Vict. c. 41), which applies (inter alia) to all gas undertakings authorised by provisional order under the Gas and Water Works Act, 1870, save where the provisions are expressly varied by the order, s. 3. It contains further important enactments in connection with gas undertakings. It is to be construed as one with the above Act of 1847. S. 1. See Commercial Gas Co. v. Scott, L. R. 10 Q. B. 400.

The Waterworks Clauses Act, 1847 (10 Vict., c. 17), contains all necessary powers for a water company. It was amended by the Waterworks Clauses Act, 1863, 26 & 27 Vict. c. 93.

The following Rules have been made by the Board of Trade.

BOARD OF TRADE RULES.

The Board of Trade, under the powers conferred upon them by section 14 of the Gas and Water Works Facilities Act, 1870, Amendment Act, 1873, have made the following rules with respect to applications for the grant of provisional orders under the Gas and Water Works Facilities Act, 1870

GAS.
ADVERTISEMENT.

1. Promoters desiring incorporation must register themselves under the Companies Act, 1862.

[See further as to gas and water companies, supra, pp. 109, 131. The Articles, supra, p. 142, et seq., can readily be adapted].

2. The publication of the advertisements in October and November as required by Section 5 (2) of the Gas and Water Works Facilities Act, 1870, is to be made in manner prescribed by Part I. of Schedule B. to the said Act.

3. The advertisement must state that all persons desirous of making any representation to the Board of Trade, or of bringing before them any objection respecting the application, may do so by letter addressed to the Assistant Secretary of the Railway Department of the Board of Trade on or before the 15th January next ensuing, and that copies of their objections must at the same time be sent to the promoters.

4. The notice in writing on or before the 1st November to any com

pany, corporation, or person supplying gas within the district to which the proposed application refers, which is required by Section 5 (1) of the Act, must state that every such company, corporation, or person desirous of making any representation to the Board of Trade, or of bringing before them any objection respecting the application, may do so by letter addressed to the Assistant Secretary of the Railway Department of the Board of Trade, on or before the 15th of January next ensuing, and that copies of their objections must at the same time be sent to the promoters.

Deposit of Documents on or before the 30th November.

The deposit of documents required by Section 5 (3) of the Act, is to be made as required in Part II. of Schedule B.

5. The maps to be deposited on or before the 30th November under Part II. of Schedule B. with respect to gasworks must be on a scale of not less than an inch to the mile, and the plan of the proposed works shall be on a scale of not less than one inch to the 100 feet, and as far as may be in accordance with a model plan which may be obtained on application to the Railway Department of the Board of Trade. In cases where any of the works shall be situate on tidal lands within the ordinary spring tides, all tidal waters shall be coloured blue on the map and plan.

Deposit of Documents on or before the 23rd December.

The deposit of documents required by section 5 (4) of the Act is to be made as required by Part III. of Schedule B.

CONSTRUCTION OF WORKS.

6. When the application includes a power to construct any gasworks or works connected therewith, a list of the local and road authorities in whose districts the proposed works are situated, must accompany the application on or before the 23rd December, and evidence of the consent of the authorities, required by the 4th section of the Act, must be given before the application can be entertained.

Such evidence should be given by furnishing a certified copy of the resolution passed at the meeting of the local authority, at which the application was approved, together with a copy of the notice convening the meeting, which notice must contain a statement that the subject of the proposed provisional order will be brought before the meeting. When the consent of the road authority is also required, similar evidence in respect of the road authority must be furnished.

7. When the application includes a power to construct works for the manufacture of gas, the promoters must comply with the requirements of the following standing order of the House of Commons (No. 15) for Session 1877

"On or before the 15th day of December immediately preceding the application for a bill for constructing gasworks . . or works for the manufacture or conversion of the residual products, notice shall be served upon the owner, lessee, and occupier of every dwellinghouse within 300 yards of the limits within which . . . such works may be constructed,"

Similar notice must be given when works are proposed to be constructed for the storage of gas.

The notices referred to in this rule must state that all persons desirous of making any representations to the Board of Trade, or of bringing before them any objections respecting the application, may do so by letter addressed to the Assistant Secretary of the Railway Department of the Board of Trade on or before the 15th January next ensuing, and that copies of their objections must at the same time be sent to the promoters.

8. A copy of the notice which was served on or before 1st November next before the application, on every company, corporation, or person supplying gas within the district, which is required by Section 5 (1) of the Act, must accompany the application on or before the 23rd December.

9. A copy of the notice which was served on or before the 15th December on every owner, lessee, or occupier within 300 yards of any proposed works which is required by Rule No. 7 must accompany the application on or before the 23rd December.

10. In addition to the plans to be deposited under Schedule B. (Part II.) on or before the 30th November, a plan showing the site of the existing gasworks and of any proposed enlargement thereof, must accompany every application made on or before the 23rd December, other than applications for additional capital.

ADDITIONAL CAPITAL.

11. In the case of a company making application for additional capital, a certified copy of the resolution of three-fourths of the shareholders present and voting at a special general meeting approving of the application, together with a copy of the notice convening the meeting, must be furnished before the application can be entertained.

12. When an application is made for additional capital, a statement of the existing capital of the company, showing the amount authorised, raised, and expended, together with a statement in detail under separate heads, of all the purposes for which the new capital is required, must accompany the application on or before the 23rd December.

AGREEMENTS AND AMALGAMATIONS.

13. When an application includes power for two or more companies supplying gas in any district to enter into agreements jointly to furnish gas, and to amalgamate their undertakings, certified copies of the resolutions passed by three-fourths of the shareholders of each company present and voting at a special general meeting called for the purpose of considering the application, with a copy of the notice convening the meeting, must be furnished before the application can be entertained.

PURCHASE OF LAND.

14. Where the promoters propose to take any lands for the purposes of gasworks or waterworks, the contracts for the purchase of all the lands required must be produced at the time when the proofs of compliance with the provisions of the Act concerning deposit and publication are produced.

WATERWORKS.

15. The above regulations, with the exception of Nos. 4, 5, 7, 8, 9, and 10 will apply, mutatis mutandis, to applications for provisional orders to authorise any water undertaking.

16. The plans and sections to be deposited on or before the 30th November under Part II. of Schedule B. with respect to waterworks shall be such plans and sections as would be required by the standing orders for the time being of the House of Commons, if the promoters instead of applying for a provisional order were proceeding by private bill.

17. The notice in writing in October or November to all owners, reputed owners, lessees or reputed lessees, and occupiers of all mills and manufactories for a distance of twenty miles below the point in which water is proposed to be abstracted from any stream, which is required by Section 5 (2) of the Act, must state that all persons desirous of making any representation to the Board of Trade, or of bringing before them any objection respecting the application, may do so by letter addressed to the Assistant Secretary of the Railway Department of the Board of Trade, on or before the 15th of January next ensuing, and that copies of their objections must at the same time be sent to the promoters.

18. A copy of the notice of the proposed abstraction of water which was served in October or November, as mentioned in Rule No. 17, must accompany the application on or before the 23rd December.

GAS AND WATER WORKS.

GENERAL INSTRUCTIONS.

19. The draft provisional order to be deposited at the Board of Trade on or before the 23rd December must be in triplicate, and must be printed on one side of the page of paper, so as to leave the back of the page blank, and any Schedule annexed must begin a new page. The names of the promoters, or of their agents, must be printed on the outside of every draft provisional order, and there should be a notice at the end of it stating that objections are to be sent in manner provided by Rule No. 3.

20. All memorials, objections, and other documents sent to or deposited with the Board of Trade must be on common foolscap paper.

21. The promoters will be required to pay a fee of 35l. towards the expense of settling the provisional order; thus sum must be paid to the officer of the Board of Trade with whom the draft provisional order is deposited, and at the time of the deposit.

22. Where the promoters are a company incorporated under the Companies Act, 1862, a printed copy of the memorandum of association, articles of association, and any registered special resolution of the company, must accompany the application; and in the case of a company incorporated in any other manner, a copy of every deed or instrument of settlement or incorporation, or Act of Parliament relating to the company, must also accompany the application.

23. In forwarding to the Board of Trade objections to any application before the 15th January, as provided by Rules 3 and 4, the objectors or

their agents are to state that their objections have been forwarded to the promoters also.

24. The promoters must be prepared to prove compliance with the provisions of the Act concerning deposit and publication by the 10th January. Six days' notice will be given of the day and hour at which the promoters are to attend for the purpose at the Board of Trade. Printed forms of proof will be supplied on application to the Railway Department of the Board of Trade; these should be filled up by the promoters, and brought with the requisite documents to that department at the time fixed for the proof.

25. The bill for confirming provisional orders will be brought in as early in the session as possible. All preliminary questions must, however, be determined before the 1st of March.

DEPOSIT AND ADVERTISEMENT OF PROVISIONAL ORDER WHEN MADE AS REQUIRED BY SECTION 8.

26. When a provisional order has been made, and before it is introduced into the confirmation bill, the promoters will be required to submit to the Board of Trade the receipt of the clerk of the peace or sheriff clerk, or to prove by affidavit the deposit of the order with such officer as required by part IV. of Schedule B. to the Act. They must also produce a copy of the local newspaper containing the advertisement* of the order. This advertisement must state the office where printed copies of the order can be obtained; the office must be the office named in the original advertisement of the application. Proof must also be given that the advertised order is a correct copy of the order delivered by the Board of Trade to be advertised; that it was inserted in the newspapers in which the original advertisement of the application was published, and that a sufficient number of printed copies of the order have been deposited for sale at the office named in the original advertisement and the price for which they may be obtained.

* Section 9 of the Act requires that this advertisement should be published not later than the 25th April.

Copies of the order as settled by the Board of Trade can be obtained by the promoters from the Queen's printers, at the expense of the promoters, by an order to be obtained in the Railway Department of the Board of Trade.

PROLONGATION OF TIME FOR COMMENCEMENT OR COMPLETION OF GAS AND WATER WORKS.

The Board of Trade, under the powers conferred upon them by Section 11 of the Gas and Water Works Facilities Act, 1870, have made the following rules with respect to applications for a prolongation of time for the commencement or the completion of the works authorised by any order made under the above-named Act :

1. The application should be in the form of a memorial setting forth the grounds on which the application is made, and must be made at least one month before the expiration of the time prescribed for the commencement or the completion of the works, as the case may be.