A.D. 1878. ordinary claim or demand as aforesaid, although such fund may not at the time have reached or may have been reduced below the full amount of one twentieth as aforesaid. Application of excess of profits over prescribed rates. Power to fund out of dividends in excess of the prescribed rates of dividend, and application 20. If the clear profits of the undertaking of the Undertakers in any year amount to a larger sum than is sufficient to pay the prescribed rates, the excess, 5 or such portion of it as is not carried to the insurance fund, shall be carried to the credit of the divisible profits of such undertaking for the next following year. 21. Where in any year the amount of the prescribed rates is by reason create a reserve of a diminution of the standard price charged by the Undertakers in such year increased, then out of the amount of the divisible profits of the Undertakers 10 applicable to the payment of such increase the Undertakers may in such year set apart such sum as they think fit, and all sums (if any) so set apart by the Undertakers, and any reserve or other fund of the Undertakers existing at the passing of the Act confirming this Order, may be invested in Government or other securities, and the dividends and interest arising from such securities 15 may also be invested in the same or the like securities in order that the same may accumulate at compound interest, and the fund so formed shall be called "the reserve fund," and shall be applicable to the payment of dividend in any year in which the clear profits of the Undertakers may be insufficient to enable the Undertakers in such year to pay the prescribed rates, and, save as in 20 this Order otherwise provided, no sum shall in any year be carried by the Undertakers to any reserve fund. thereof. Appointment of a receiver. 22. The mortgagees of the Undertakers under this Order may enforce payment of arrears of principal, or principal and interest, due on their mortgages by the appointment of a receiver; and in order to authorise the appointment 25 of a receiver in respect of principal, or principal and interest, the amount owing to the mortgagees by whom the application for a receiver is made shall not be less than one tenth part of the total amount for the time being owing by the Undertakers on mortgage under the authority of this Order. Application of 23. All moneys raised under this Order shall be applied to the purposes of 30 the undertaking authorised by the Act of 1861, and this Order. money. Power to purchase additional lands. Undertakers may construct additional gasworks on lands described in schedule, and may make and sell gas, &c. Lands. 24. The Undertakers may from time to time purchase by agreement, and subject to the provisions of section five of "The Gasworks Clauses Act, 1871," may hold, for any of the purposes of this Order, any land not exceeding three 35 acres in addition to the land shown on the map deposited for the purposes of this Order (in this Order referred to as "the deposited map "), and described in the schedule to this Order, annexed. Construction of additional Gasworks, Manufacture and Sale of Gas, &c. 25. The Undertakers on the lands shown on the deposited map, and 40 described in the schedule to this Order annexed, so long as they are possessed of the same, may, in addition to their existing gasworks and works connected therewith, situate on part of such lands as aforesaid, construct and maintain and from time to time alter and enlarge, retorts, gas-holders, receivers, purifiers, meters, apparatus, and works for the manufacture and storing of gas, and of A.D. 1878. coke and other residual products obtained in the manufacture of gas, and matters producible therefrom; and they may, subject to the provisions of this Order, make gas, and supply and sell the same within the limits of supply, 5 and may manufacture coal-tar, coke, pitch, asphaltum, and ammoniacal liquor, oil, and all other residual products obtained in the manufacture of gas and matters producible therefrom, and may sell and dispose of the same at the works and elsewhere. 10 15 20 Quality of Gas. 26. The quality of gas supplied by the Undertakers shall, with respect to Quality of gas. its illuminating power, be such as to produce a light equal in intensity to the light produced by fourteen sperm candles, and shall in all respects be in accordance with the provisions of "The Gasworks Clauses Act, 1871." Price of Gas. 27. The standard price to be charged by the Undertakers for gas supplied by them shall be four shillings per one thousand cubic feet, provided that the Undertakers may increase or diminish such standard price subject to a reduction or increase in the prescribed rates to be calculated as follows: For every penny or part of a penny charged in excess or in diminution of such standard price in any year, the prescribed rates shall for such year be reduced or increased by five shillings in the one hundred pounds per annum. In case the amount due by any consumer is not paid within one month after demand, the Undertakers may demand by way of fine a sum equal to one 25 twentieth of such amount, and any such sum so demanded by the Undertakers shall be paid to the Undertakers, and may be recovered by them in like manner as gas rents. Pressure of Gas. Fixing maxi mum price to dividend. 28. All gas supplied by the Undertakers to any consumer of gas shall be Pressure of gas. 30 supplied at such pressure as to balance from midnight to sunset a column of 35 water not less than six tenths of an inch in height, and to balance from sunset to midnight a column of water not less than eight tenths of an inch in height at the main, as near as may be to the junction therewith of the service pipe supplying such consumer. Testing of Gas. 29. The Undertakers shall, within six months after passing of the Act Testing of gas. confirming this Order, cause to be provided at their works a testing place, with apparatus therein, according to the provisions of "The Gasworks Clauses Act, 1871;" and the burner to be used for testing the gas shall be a Sugg's 40 London Argand, No. 1, with a six-inch by one-and-three-quarter-inch glass chimney, and if at any time the gas flame tails over the top of the glass a six-inch by two-inch chimney shall be used, and any gas examiner appointed under "The Gasworks Clauses Act, 1871," for the purposes of this Order, may from time to time, subject to the terms of his appointment, at such 45 testing place or elsewhere, as and when he thinks fit, test the pressure at A.D. 1878. which the gas is supplied, and for that purpose may open any street, road, passage, or place vested in or under the control of any local or road authority. No penalty in case of un avoidable cause. Undertakers to pay interest on deposit. Saving of existing con tracts. Costs of Order. Miscellaneous. 30. No penalty shall be incurred by the Undertakers for insufficiency of 5 pressure, defect of illuminating power, or for excess of impurity in the gas supplied by them in any case in respect of which it is proved that such insufficiency, defect, or excess was caused by an unavoidable cause or accident. 31. Where any money is deposited by any person by way of security with 10 the Undertakers for the payment to them of all moneys which may become due to them by such person in respect of any supply of gas or of the purchase or hire of any meter, the Undertakers shall pay interest at the rate of five pounds per centum per annum on every sum of ten shillings deposited by way of such security for every six months during which the same remains in 15 their hands. 32. 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 of or the supply of gas by the Undertakers. 33. 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. 20 A piece or parcel of ground containing by admeasurement 8,079 square yards, or thereabouts, situate at Elland, in the township of Elland-cum-Greetland, in the parish of Halifax, in the West Riding of the county of York, between the River Calder and the Calder and Hebble Navigation, bounded on the north-east by the Lancashire and Yorkshire Railway, on the north-west 30 by the towing path of the said Navigation, and on all other sides by lands belonging to Henry Savile, or to the trustees of the will of the Right Honorable John Savile Lumley Savile, Earl of Scarborough, deceased, upon which the existing works of the Undertakers are constructed. Also a piece or parcel of ground belonging to and in the occupation of 35 the Undertakers containing by admeasurement 1A. 3R. 29P., or thereabouts, situate at Elland, in the township of Elland-cum-Greetland aforesaid, between the said River Calder and the said Navigation, bounded on the north and north-west by lands belonging to the said Henry Savile, or to the said trustees; on the south by the Lancashire and Yorkshire Railway, and on 40 the south-east by the said River Calder. 5 FORMBY GAS. Order empowering the Formby Gas Company, Limited, to construct Gasworks, and to make and supply Gas within the township of Formby in the parish of Walton-on-the-Hill in the county of Lancaster. 1. This Order may be cited as "The Formby Gas Order, 1878." A.D. 1878. Short title. of Acts. 2. The provisions of "The Lands Clauses Acts" (except with respect to the Incorporation purchase and taking of lands otherwise than by agreement, and with respect to the entry upon lands by the promoters of the undertaking), of "The Gasworks 10 Clauses Act, 1847," and of" The Gas works Clauses Act, 1871," are hereby incorporated with this Order, except where the same are expressly varied by this Order. 3. The several words and expressions to which by the Acts in whole or in Interpretation. part incorporated with this Order, and by "The Gas and Water Works Facilities Act, 1870," meanings are assigned, have in this Order the same 15 respective meanings. Order. 4. The limits within which the provisions of this Order shall be in force and Limits of have effect (in this Order referred to as "the limits of supply ") shall be the township of Formby, in the parish of Walton-on-the-Hill, in the county of Lancaster, except such portions of that township as are within the limits 20 within which the mayor, aldermen, and burgesses of the borough of Southport are authorised to supply gas under the provisions of the Southport Improvement Act, 1865, and the Southport Improvement Act, 1871. Undertakers. 5. The Formby Gas Company, Limited, shall be the Undertakers for the Undertakers. 25 purposes of this Order, and are in this Order referred to as "the Under takers." Capital. 6. The share capital of the Undertakers shall not exceed ten thousand Capital. pounds, unless they are hereafter authorised to raise additional share capital by 30 Provisional Order under "The Gas and Water Works Facilities Act, 1870," or by Act of Parliament. 7. The amount of all moneys borrowed by the Undertakers and secured by Limit of bormortgage of the undertaking authorised by this Order shall not at any time rowing power. exceed in the whole two thousand five hundred pounds, and no higher rate of 35 interest than five pounds per centum per annum shall be paid by the Undertakers without the consent of the Board of Trade in respect of any moneys borrowed by the Undertakers after the passing of the Act confirming this Order. Acquisition of Lands, &c. 8. The Undertakers may by agreement purchase or take on lease and use Power to pur 40 such of the lands shown on the map deposited for the purpose of this Order, (in this Order referred to as "the deposited map,") and described in the schedule to this Order annexed, as may be required for the undertaking chase land. A.D. 1878. authorised by this Order; and they may from time to time purchase by agreement, and, subject to the provisions of section five of "The Gasworks Clauses Act, 1871," may hold, for any of the purposes of this Order, such other lands as they may require for such purposes: Provided, that they shall not at any time hold more than five acres in addition to the said lands shown and 5 described as aforesaid. Undertakers may erect and maintain gas described in schedule, and may make and sell gas, &c. Construction and Maintenance of Gasworks, Manufacture and Sale of Gas, 9. The Undertakers on any of the lands shown on the deposited map, and described in the schedule to this Order annexed, when the same have been 10 works on lands acquired by them, and while they are possessed of the same, may erect and maintain, and from time to time alter and enlarge, retorts, gas-holders, receivers, purifiers, meters, apparatus, and works for the manufacture and storing of gas, and of coke and other residual products obtained in the manufacture of gas, and matters producible therefrom; and they may, subject to the provisions 15 of this Order, make gas, and supply and sell the same within the limits of supply, and may manufacture coke, coal-tar, pitch, asphaltum, and ammoniacal liquor, oil, and all other residual products obtained in the manufacture of gas, and matters producible therefrom, and may sell and dispose of the same at the works and elsewhere. Differences with railway and other com panies. Quality of gas. Price of gas. Pressure of gas. 20 10. If any difference arise between the Undertakers and any railway, canal, or other company whose land or works the Und ertakers have power, under the authority of this Order, to cross for the purpose of meeting the demands for gas within the limits of supply, as to the mode of laying down, repairing, altering, or enlarging pipes, or as to the facilities to be afforded for the same, 25 the difference shall be settled by an engineer to be appointed by the Board of Trade at the request of either party. Quality of Gas. 11. The quality of gas supplied by the Undertakers shall, with respect to its illuminating power, be such as to produce a light equal in intensity to the light 30 produced by fourteen sperm candles, and shall in all respects be in accordance with the provisions of "The Gasworks Clauses Act, 1871." Price of Gas. 12. The price to be charged by the Undertakers for gas supplied by them to consumers shall not exceed six shillings and sixpence per one thousand cubic 35 feet, and so in proportion for any less quantity supplied: Provided nevertheless, that every fraction of one hundred feet may be charged as one hundred feet. Pressure of Gas. 13. All gas supplied by the Undertakers to any consumer of gas shall be supplied at such pressure as to balance from midnight to sunset a column of 40 water not less than six-tenths of an inch in height, and to balance from sunset to midnight a column of water not less than eight-tenths of an inch in height, at the main as near as may be to the junction therewith of the service pipe supplying each consumer. |