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A.D. 1878. works of the Undertakers, nor need the water supplied by the Undertakers be

constantly laid on under pressure: Provided always, that the Undertakers shall at all times between 8 p.m. of every day and 6 a.m. of the following day, keep their principal mains charged with water, unless prevented by frost, unusual drought, or other unavoidable cause or accident, or during necessary repairs.

5 Rates for sup

38. The Undertakers shall, at the request of the owner or occupier of any ply for domestic dwelling-house or part of a dwelling-house entitled under the provisions of this

part of this Order to demand a supply of water for domestic purposes (which
shall include one watercloset) furnish to such owner or occupier a sufficient
supply of water for such domestic purposes at any rate not exceeding the rates 10
per annum herein-after specified ; (that is to say,)
Where the annual rackrent or value of the premises so supplied with water

does not exceed five pounds, the sum of eight shillings and eightpence : Where such rackrent or value exceeds five pounds and does not exceed ten pounds, the sum of sixteen shillings :

15 Where such rackrent or value exceeds ten pounds and does not exceed

fifteen pounds, the sum of twenty-four shillings: Where such rackrent or value exceeds fifteen pounds and does not exceed

twenty pounds, the sum of thirty-two shillings: Where such rackrent or value exceeds twenty pounds and does not exceed 20

twenty-five pounds, the sum of thirty-nine shillings : Where such rackrent or value exceeds twenty-five pounds and does not exceed

thirty pounds, the sum of forty-six shillings : Where such rackrent or value exceeds thirty pounds and does not exceed thirty-five pounds, the sum of fifty-three shillings

25 Where such rackrent or value exceeds thirty-five pounds and does not exceed

forty pounds, the sum of sixty shillings : Where such rackrent or value exceeds forty pounds and does not exceed

forty-five pounds, the sum of sixty-six shillings : Where such rackrent or value exceeds forty-five pounds and does not exceed 30

fifty-pounds, the sum of seventy-two shillings : Where such rackrent or value exceeds fifty pounds and does not exceed

fifty-five pounds, the sum of seventy-eight shillings : Where such rackrent or value exceeds fifty-five pounds and does not exceed sixty pounds, the sum of eighty-four shillings :

35 Where such rackrent or value exceeds sixty pounds and does not exceed

sixty-five pounds, the sum of eighty-nine shillings: Where such rackrent or value exceeds sixty-five pounds and does not exceed

seventy pounds, the sum of ninety-four shillings: Where such rackrent or value exceeds seventy pounds and does not exceed 40

seventy-five pounds, the sum of ninety-nine shillings: Where such rackrent or value exceeds seventy-five pounds and does not

exceed eighty pounds, the sum of one hundred and four shillings : Where such rack-rent or value exceeds eighty pounds and does not exceed eighty-five pounds, the sum of one hundred and eight shillings:

45 Where such rackrent or value exceeds eighty-five pounds and does not

exceed ninety-pounds, the sum of one hundred and twelve shillings:

waterclosets and baths.

Where such rackrent or value exceeds ninety pounds and does not exceed A.D. 1878.

ninety-five pounds, the sum of one hundred and sixteen shillings :
Where such rackrent or value exceeds ninety-five pounds and does not

exceed one hundred pounds, the sum of one hundred and twenty shillings: 5 Where such rackrent or value exceeds one hundred pounds, at a rate per

centum not exceeding six pounds : Provided that the foregoing rates shall not apply to any house or premises where any trade or business is carried on, but to private dwelling-houses

only. 10

39. The Undertakers may charge in respect of every watercloset beyond the Rates for first in any house within the limits of supply an additional sum not exceeding seven shillings and sixpence per annum, and for every bath an additional sum not exceeding ten shillings per annum, and such additional sums may be received

with and as part of, or recovered by the same means as, the rate for the supply 15 of water for domestic purposes : Provided always, that for baths containing,

as usually filled for use, a greater quantity of water than fifty gallons the Undertakers may charge an increased rate in proportion to the size of such baths.

40. The Undertakers may from time to time supply any person, corporation, Water supplied 20

or company with water for other than domestic purposes, for such remuneration by agreement. and upon such terms and conditions as may be agreed upon between the Undertakers and such person, corporation, or company ; but, notwithstanding any such agreement, no person, corporation, or company shall be entitled to such a supply

whenever and as long as the Undertakers are of opinion that the same woul.l 25 interfere with the proper supply of water within the limits of supply for domestic

purposes under this part of this Order, and every such agreement shall be by virtue of this Order determinable by the Undertakers on one month's notice in writing.

41. The Undertakers may, if they think fit, enter into agreements for the Sale by meter. 30 supply of water by measure to any consumer, and may charge a rent for each

meter provided by them at a rate per annum not exceeding fifteen per centum of the price of the meter, such rent to be paid quarterly in advance, and to be recoverable in all respects with and as the water rate.

42. The Undertakers shall at all times, at their own expense, keep all meters Undertakers 35 or other instruments for measuring water let by them for hire to any consumer

to keep meters

let for hire in in proper order for correctly registering the supply of water, and in default of repair. their so doing the consumer shall not be liable to pay rent for the same during such time as such default continues. The Undertakers shall, for the purposes

aforesaid, have access to, and be at liberty to remove, test, inspect, and replace, 40 any

such meter or other instrument at all reasonable times. 43. Where water is supplied by measure, the register of the meter or other Register of instrument for measuring water shall be primâ facie evidence of the quantity &c. to be prima of water consumed, and in respect of which any water rent is charged and sought facie evidence.

to be recovered by the Undertakers, and in the event of the meter or other in45 strument failing from any cause to register or indicate the quantity of water consumed, the consumption during the corresponding quarter of the previous

consent of owner of house.

A.D. 1878. year shall be held to be the quantity to be charged for: Provided always, that

if the Undertakers and the consumer differ as to the quantity consumed, such difference shall be determined, upon the application of either party, by two justices, who may also order by which of the parties the costs of the proceedings before them shall be paid, and the decision of such justices shall be final and 5

binding on all parties. Proviso as to 44. Section forty-four of “The Waterworks Clauses Act, 1847,” shall for

the purposes of this part of this Order have effect as if the words “ with the
" consent in writing of the owner or reputed owner of any such house, or of
“ the agent of such owner,” were omitted therefrom: Provided always, that 10
any rent paid by an occupier in pursuance of the provisions of the said section
may be deducted by such occupier from any rent from time to time due by

him to such owner. When several 45. When several houses or parts of houses in the occupation of several houses supplied by one pipe,

persons are supplied by one common pipe, the several owners or occupiers 15 each to pay.

of such houses or parts of houses shall be liable to the payment of the same
rates for the supply of water as they would have been liable to if each of such
several houses or parts of houses had been separately supplied with water from
the works of the Undertakers by a distinct pipe : Provided always, that the
Undertakers shall not be compelled to supply water to the occupier of any part 20
of a dwelling-house unless the water rate is paid for the whole of such dwelling-

house and premises. Supply of 46. Where there are several tenements in a row, no tenant or occupier of any water to tenements iu a row.

one of the tenements, nor any person on his behalf, shall take or use the water
laid on by the Undertakers to any other such tenement, unless the tenant or 25
occupier be, in respect of the tenement so occupied by him, rated under this
part of this Order for a supply of water.

Penalties.

Penalty for impurity of water.

Penalty for injuring meters, &c.

47. If on any day the water supplied by the Undertakers is of less purity than it ought to be, according to the provisions of this part of this Order, the 30 Undertakers shall in every such case be liable to a penalty not exceeding ten pounds: Provided that no penalty shall be incurred in any case in which it is proved that the defect in purity was occasioned by an unavoidable cause or accident.

48. Every person who wilfully, fraudulently, or by culpable negligence 35 injures or suffers to be injured any pipe, meter, or fittings belonging to the Undertakers, or fraudulently alters the index to any meter, or prevents any meter from duly registering the quantity of water supplied, or fraudulently abstracts, consumes, or uses water of the Undertakers, shall (without prejudice to any other right or remedy for the protection of the Undertakers or the 40 punishment of the offender) for every such offence forfeit and pay to the Undertakers a sum not exceeding five pounds, and the Undertakers may in addition thereto recover the amount of any damage by them sustained ; and in any case in which any person has wilfully, fraudulently, or by culpable negli

gence injured or suffered to be injured any pipe, meter, or fittings belonging to A.D. 1878. the Undertakers, or has fraudulently altered the index to any meter, or prevented any meter from duly registering the quantity of water supplied, or has

fraudulently abstracted, consumed, or used water of the Undertakers, the 5 Undertakers may also, until the matter complained of has been remedied, but

no longer, discontinue the supply of water to the person so offending (notwithstanding any contract previously existing), and the existence of artificial means for causing such injury, alteration, or prevention, or for abstracting, consuming,

or using water of the Undertakers, when such pipe, meter, or fittings is or are 10 under the custody or control of the consumer, shall be primâ facie evidence that

such injury, alteration, prevention, abstraction, consumption, or user, as the case may be, has been fraudulently, knowingly, and wilfully caused by the consumer using such meter. 49. Any tenant or occupier of one of several tenements in a row who takes Penalty for

of 15 or uses the water laid on by the Undertakers to any other such tenement, or water by

allows the same to be used contrary to the provisions of this part of this Order, tenants of one shall for every such offence be liable to a penalty not exceeding five pounds. ments in a row.

of several tene

Miscellaneous.

tenants not

50. In case any consumer of water supplied by the Undertakers leave the Incoming 20 premises where such water has been supplied to him without paying to them liable to pay the water rate or meter rent due from him, the Undertakers shall not be arrears of

water rates. entitled to require from the next tenant of such premises the payment of the arrears left unpaid by the former tenant, unless such incoming tenant has

undertaken with the former tenant to pay or exonerate him from the payment 25 of such arrears. 51. The Undertakers shall keep separate annual accounts with respect to Separate

accounts in their water undertaking, showing the amount of their paid-up capital in such

respect of undertaking, and such accounts shall in all respects be in accordance with the water under

taking.
provisions of “ The Waterworks Clauses Act, 1847.
30
52. Any summons or warrant issued for

any
of the purposes
of this part of

Several names this Order may contain in the body thereof or in a schedule thereto several in one sumnames and several sums.

53. Any justice who issues a warrant of distress in pursuance of the provi- Warrant of sions of this part of this Order may order that the costs of the proceedings for distress shall

include costs. 35 the recovery of the money to be levied shall be paid by the person liable to

pay such money, and such costs shall be ascertained by such justice and shall be included in the warrant of distress for the recovery of such money,

54. No justice or judge of any county court or quarter sessions shall be Liability to

disqualified from acting in the execution of this part of this Order by reason water rate not 40 of his being liable to the payment of any water rate or other charge under this justice from

acting. part of this Order.

mons or warrant,

A.D. 1878.

PART IV.

GENERAL PROVISIONS RELATING BOTH TO THE GAS UNDERTAKING AND

THE WATER UNDERTAKING.

accounts more

As to pipes 55. If any difference arises between the Undertakers and any railway, canal, crossing the works of a

or other company whose land or works the Undertakers have power to cross 5 railway or

under the authority of this Order, for the purposes of meeting ihe demands for other company

gas or water within the limits of supply, as to the mode of laying down, re-
pairing, altering, or enlarging their mains, pipes, or works, or the facilities to be :
afforded for the same, the same shall be settled by an engineer to be appointed
by the Board of Trade at the request of either party.

10 Fine may be 56. In case the amount due by any consumer of gas or water is not paid demanded on

within one month after demand, the Undertakers shall be entitled to demand than a month by way of fine a sum not exceeding one penny for every shilling of such overdue.

amount: Provided that it be stated in the account furnished to such consumer
that such fine will be demanded in default of payment of such amount within 15
a month after demand; and any such fine so demanded by the Undertakers
shall be paid to the Undertakers, and may be recovered by them in like manner

as gas rents or water rates, as the case may be. Incorporation 57. Section one hundred and forty of “ The Companies Clauses Consolidaof section 140 of Companies

tion Act, 1845,” is hereby incorporated with this Order ; provided that for the 20 Clauses Con

purpose of such incorporation the expression “ the Company” shall be construed solidation Act,

to mean - the Undertakers." Saving of exist- 58. Nothing in this Order contained shall alter, vary, or affect any contract ing contracts,

or agreement duly made or any liability incurred before the passing of the Act confirming this Order with respect to the gasworks or waterworks of or the 25

supply of gas or water by the Undertakers. Costs of Order. 59. All the costs, charges, and expenses of and incidental to the applying for,

preparing, obtaining, and confirming this Order, and otherwise in relation thereto, shall be paid by the Undertakers.

1845.

&c.

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GAS LANDS. Land situated on the south side of Station Road at Walton-on-the-Naze, on the north-west of vacant ground belonging or reputed to belong to Peter Schuyler Bruff and others, on the east of coal sheds and storehouses belonging 35 or reputed to belong to, and occupied by, William Hart, and on the west of gardens at the rear of Spring Cottages and of land belonging or reputed to belong to the said Peter Schuyler Bruff and to the Walton-on-the-Naze Gas and Water Company, Limited.

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