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. Rates for sup purposes. 5. 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 5 10 Where such rackrent or value exceeds ninety pounds and does not exceed A.D. 1878. Where such rackrent or value exceeds ninety-five pounds and does not Provided that the foregoing rates shall not apply to any house or premises only, and baths. 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 waterclosets 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. 20 40. The Undertakers may from time to time supply any person, corporation, Water supplied 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 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 35 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. to keep meters 42. The Undertakers shall at all times, at their own expense, keep all meters Undertakers or other instruments for measuring water let by them for hire to any consumer 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. water meter, 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 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 consent of owner of house. When several houses supplied by one pipe, each to pay. Supply of water to tene ments in a row. Penalty for impurity of water. Penalty for injuring meters, &c. 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. 45. When several houses or parts of houses in the occupation of several persons are supplied by one common pipe, the several owners or occupiers 15 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 dwellinghouse and premises. 46. Where there are several tenements in a row, no tenant or occupier of any 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. 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. Penalty for misuser of water by 49. Any tenant or occupier of one of several tenements in a row who takes 15 or uses the water laid on by the Undertakers to any other such tenement, or 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. Miscellaneous. of several tenements in a row. tenants not liable to pay arrears of water rates. 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 the water rate or meter rent due from him, the Undertakers shall not be 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. Separate accounts in respect of water undertaking. 51. The Undertakers shall keep separate annual accounts with respect to their water undertaking, showing the amount of their paid-up capital in such undertaking, and such accounts shall in all respects be in accordance with the provisions of " The Waterworks Clauses Act, 1847." 30 52. Any summons or warrant issued for of the purposes this Order may contain in the body thereof or in a schedule thereto several in one sumnames and several sums. any of this part of 53. Any justice who issues a warrant of distress in pursuance of the provisions of this part of this Order may order that the costs of the proceedings for 35 the recovery of the money to be levied shall be paid by the person liable to 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. pay Several names mons or warrant. Warrant of distress shall include costs. water rate not to disqualify 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 40 of his being liable to the payment of any water rate or other charge under this justice from part of this Order. acting. A.D. 1878. PART IV. As to pipes crossing the works of a railway or other company. Fine may be demanded on accounts more GENERAL PROVISIONS RELATING BOTH TO THE GAS UNDERTAKING AND 55. If any difference arises between the Undertakers and any railway, canal, 56. In case the amount due by any consumer of gas or water is not paid 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. Incorporation Saving of exist- Costs of Order. 10 amount: Provided that it be stated in the account furnished to such consumer 57. Section one hundred and forty of "The Companies Clauses Consolida- to mean 58. Nothing in this Order contained shall alter, vary, or affect any contract 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. 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. 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. |