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powers are to be inserted in a licence, or provisional order, nor is such written consent to be given until the authority, company, or person has had notice, by advertisement or otherwise, as the Board may direct, and an opportunity to state objections.

OVERHEAD WIRES.-Section 14 contains an important restriction on the placing of electric lines above ground. It provides that, notwithstanding anything in this Act, or in any Act incorporated therewith, the undertakers shall not be authorised to place any electric line above ground, along, over, or across any street, without the express consent of the local authority, and the local authority may require the undertakers to forthwith remove any electric line placed by them contrary to the provisions of this section, or may themselves remove the same, and recover the expenses of such removal from the undertakers in a summary manner; and where any electric line has been placed above ground by the undertakers in any position, a court of summary jurisdiction, upon complaint made, if they are of opinion that such electric line is likely to become dangerous to the public safety, may, notwithstanding any such consent, make an order directing and authorising the removal thereof by such person and upon such terms as they may think fit.

There are two other provisions in later Acts relating to the laying of electric lines above ground which it will be convenient to refer to at this point.

The Electric Lighting (Clauses) Act, 1899, has, since October 1st, 1899, ordinarily been incorporated in special Acts, and has applied to provisional orders relating to electricity supply, subject to any variations or exceptions contained in the special Act or Order. Section 10 of that Act provides, in par. (b), that the undertakers shall not without the express consent of the Board of Trade, and, where the local authority are not themselves the undertakers, of the local authority also, place any electric line above ground except within premises in the sole occupation or control of the undertakers, and except so much of any service line as is necessarily so placed for the purpose of supply.

Electric lighting companies have always been rebellious against the veto of the local authorities over the placing of electric lines above ground, and the matter has now been dealt with in section 21 of the Electricity (Supply) Act, 1919, on the footing that, where the consent of the Board of Trade is obtained, the consent of the local authority is not to be required, but the Board of Trade, before giving their consent, are to give the local authority an opportunity of being heard.

POSITION OF PIPES AND WIRES.-Section 15 of the 1882 Act makes provision as to the alteration of the position of pipes or wires belonging to other parties, which are under a street, and in such a position as to interfere with the exercise of the powers of the undertakers for breaking up streets and laying electric lines, and provision also as to the alteration of the position of the electric lines or works of the undertakers, which may similarly prove to interfere with the exercise of powers vested in any local or other public authority, company, or person in relation to the street.

PROTECTION OF CANALS.-Section 16 is a section specially protecting the parties interested in lands adjoining canals. It requires that, where the undertakers have placed works under, in, upon, over, along or across any canal, so that the works interfere with the exercise by the owners of rights of making communications between docks and basins on their land and the canal, or interfere with the business of such docks and basins, the undertakers shall remove their works, and place them outside the range of such interference.

COMPENSATION FOR DAMAGE.-Section 17 provides that, in the exercise of the powers in relation to the execution of works given them under this Act, or any licence, order, or special Act, the undertakers shall cause as little detriment and inconvenience, and do as little damage, as may be, and shall make full compensation, to all bodies and persons interested, for all damage sustained by them by reason or in consequence of the exercise of such powers, the amount and application of such compensation in case of difference to be determined by arbitration.

METHOD OF USING ELECTRICITY.-Section 18 forbids the undertakers to prescribe any special form of lamp or to interfere with the manner in which the consumer uses the electricity. No local authority, company, or person, however, is to be at liberty to use any form of lamp, or to use the electricity supplied for any purposes, or to deal with it in any manner, so as to unduly or improperly interfere with the supply to any consumer. Any dispute as to these matters is to be determined by arbitration.

EQUALITY OF TERMS OF SUPPLY.-Section 19 directs that, where a supply of electricity is provided in any part of an area for private purposes, then, except in so far as is otherwise provided by the terms of the licence, order, or special Act, every company or person within that part of the area shall, on application, be entitled to a supply on the same terms on which any other company or person in such part of the area is entitled under similar circumstances to a corresponding supply.

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AGREED PRICES WITHOUT PREFERENCE.-Section forbids the undertakers, in making any agreements for a supply of electricity, to show any undue preference to any local authority, company, or person, but, save as aforesaid, they may make such charges for the supply of electricity as may be agreed upon, not exceeding the limits of price imposed by or in pursuance of their licence, order, or special Act.

CUTTING OFF SUPPLIES.-Section 21 empowers the undertakers to cut off the supply of electricity for non-payment of charges due, and to keep it disconnected until payment of the charges, together with the expenses of cutting off, but no longer.

Section 22 makes it a felony, punishable by penal servitude, or imprisonment, unlawfully and maliciously to cut or injure any electric line or work with intent to cut off any supply of electricity.

ABSTRACTION AND WASTE OF ELECTRICITY.-Section 23 provides that any person who maliciously or fraudulently abstracts, causes to be wasted or diverted, consumes, or uses any electricity shall be guilty of simple larceny and punishable accordingly.

ENTRY ON PREMISES.-Section 24 empowers any officer appointed by the undertakers to enter at all reasonable times the premises of consumers in order to inspect the fittings and apparatus, or to ascertain the quantity of electricity consumed or supplied, or, in cases where the supply is no longer required by the consumer, or may lawfully be cut off by the undertakers, to remove any fittings or apparatus belonging to the undertakers.

MISCELLANEOUS PROVISIONS.-Section 25 saves from liability to distress for rent or execution under any process of law or proceedings in bankruptcy any electric fittings or apparatus belonging to the undertakers and placed, for the purposes of supplying electricity, in or upon premises not in their possession.

Section 26 is a section inserted specially for the protection of the telegraph lines of the Postmaster-General. It is amended by section 25 of the Electricity (Supply) Act, 1919.

Section 27 provided for purchase of the undertaking by the local authority at the end of a period of 21 years or any subsequent period of 7 years. It is repealed by the Electric Lighting Act 1888, which substitutes a different provision (referred to later) in place of it.

Section 28 directs that, where any matter is by this Act, or any licence, order, or special Act, to be determined by arbitration, it shall, unless otherwise expressly provided, be determined by an engineer or other fit person to be nominated as arbitrator by the Board of Trade, on the application of either party, and the expenses of the arbitration are to be borne as the arbitrator directs. The procedure of the Board of Trade Arbitrations, etc., Act, 1874, is made applicable.

Section 29 seems to have contemplated the possibility that the competition of electricity would have proved more fatal to gas undertakings than has, in fact, been the case, for it provides that, where a supply of electricity is authorised in any area by licence, order, or special Act, and a supply of gas by any gas undertakers is also authorised within such area, or any part

thereof, by any provisional order or special Act, under which such gas undertakers are under any general or limited obligation to supply gas upon demand, the Board of Trade may, upon the application of the gas undertakers, inquire into the circumstances of the case, and, if they are satisfied that any specified part of such area is sufficiently supplied with electric light, and that the supply of gas in such specified part has ceased to be remunerative to the gas undertakers, and that it is just that they should be relieved from the obligation to supply gas on demand, the Board of Trade may in their discretion make an order relieving them from such obligation in such specified part of such area, either wholly or in part, and upon such terms and conditions as they may think proper.

Section 33 serves to avoid the risk that the working of mines should be interfered with through any requirement of support for electric lines. It provides that nothing in the Act shall limit or interfere with the rights of any owner, lessee, or occupier of any mines or minerals lying under or adjacent to any road, along or across which any electric line shall be laid, to work such mines and minerals.

Section 35 safeguards the exclusive rights and privileges of the Postmaster-General in relation to telegraphic busi

ness.

Electric Lighting Act, 1888.-We now come to the Electric Lighting Act, 1888, which contains only four operative sections.

CONSENT OF LOCAL AUTHORITIES TO PROVISIONAL ORDERS, AND EXCLUSION OF MONOPOLY.-Section I stipulates for the consent of the local authority being obtained before a provisional order is granted for electricity supply within its district, unless the Board of Trade, in any case in which such consent is refused, are of opinion that, having regard to all the circumstances, the consent ought to be dispensed with, in which case they are to make a special report, stating the grounds on which they have dispensed with the consent. The section further lays it down that the grant of authority to any undertakers to supply electricity within any area, whether granted by licence or by means

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