bookwise, with quarter margin) is to be in the following form, with such variations as circumstances require: [Short title of undertaking.] To the Board of Trade, The memorial of the undertakers of [short title of undertaking], Showeth as follows: 1. Your memorialists have published, in accordance with the requirements of “The Gas and Water Works Facilities Act, 1870,” the following advertisement: [Here advertisement to be set out verbatim.] 2. Your memorialists have also deposited, in accordance with the requirements of the said act, copies of the said advertisement and [Here state deposit of the several matters required by act.] Your memorialists, therefore, pray that a provisional order may be made in the terms of the draft proposed by your memorialists, or in such other terms as may seem meet. A. B., C. D., Undertakers. PART IV. Deposit and Advertisement of Provisional Order when made. (1.) The undertakers are to deposit printed copies of the provisional order, when settled and made, for public inspection in the offices of clerks of the peace and sheriff clerks, where the documents required to be deposited by them under Part II. of this schedule were deposited. (2.) They are also to deposit a sufficient number of such printed copies at the office named in that behalf in the advertisement, such copies to be there furnished to all persons applying for them at the price of each. (3.) They are also to publish the provisional order as an advertisement once in the local newspaper in which the original advertisement of the intended application was published. [NOTE.-The Board of Trade Rules will be found post, p. 375.] THE GAS AND WATER WORKS FACILITIES ACT, 1870, AMENDMENT ACT, 1873. 36 & 37 VICT. CAP. 89. An Act to extend and amend the provisions of " The Gas and [5th August, 1873.] BE it enacted by the Queen's most excellent majesty, by and with the advice and consent of the lords spiritual and temporal, and commons, in this present parliament assembled, and by the authority of the same, as follows: 1. This act may be cited for all purposes as "The Gas and Short title. Water Works Facilities Act, 1870, Amendment Act, 1873." tation. 2. In this act the several words and expressions to which Interpreby "The Gas and Water Works Facilities Act, 1870," meanings are assigned, have the same respective meanings as in the said act: The expression "special act" shall mean and include any The expression "prescribed" shall mean prescribed by the Cases to which act applies. Undertakers may obtain provisional orders from board of trade. Notices and deposit of 3. This act shall apply where the amendment of any special act in force in any district is required by the undertakers or, subject as is in this act hereinafter provided, by the local authority of such district in relation to all or any of the matters following: (1.) The illuminating power of the gas to be supplied; and such matters, or any one or more of them, as the case 4. Subject to the provisions of this act, provisional orders making an amendment of a special act, may be obtained on the application of the undertakers, or of the local authority of any district in which the same is in force, made previous to the fifteenth day of February, one thousand eight hundred and seventy-four. 5. The undertakers or local authority intending to make an documents as application for a provisional order in pursuance of this act shall proceed as follows: in schedule. Power for board of trade to determine on application and on objection. Power for board of trade to make pro (1.) During the thirty days immediately preceding their application they shall publish notice of their intention to make such application by advertisement, according to the regulations contained in Part I. of the schedule to this act : (2.) On or before the fifth day after the last publication of such advertisement they shall deposit the documents described in Part II. of the said schedule, according to the regulations therein contained. 6. The board of trade shall consider the application, and inquire as to the propriety of proceeding upon such application, and they shall consider any objection thereto that may be lodged with them on or before such day as they from time to time appoint, and shall determine whether or not the application may be proceeded with. 7. Where, with a view to prevent undue loss to any undertakers arising from unusual increase in the cost of production visional order. of gas, or to the prevention of undue accumulation of profits by undertakers, it appears to the board of trade expedient and proper that the application should be granted, with or without addition or modification, or subject or not to any restriction or condition, and it has been proved to their satisfaction that all the requirements of this act have been in all respects complied with, the board of trade may settle and make a provisional order accordingly; provided that the operation of such provisional order shall be limited to such period (not exceeding two years) as the board shall therein prescribe provided also, that where any addition shall be made by any such provisional order to the maximum price of gas prescribed by the special act, provision shall be made by such provisional order that the undertakers being a person, company, or companies carrying on business under the special act for his or their own pecuniary benefit, shall not divide more than at the rate of five per cent. per annum on their ordinary capital for any half year in which they shall have charged more than the maximum price prescribed by the special act, or if such undertakers shall not have paid a dividend of five per cent. on such capital for each of the two financial years next preceding the application, more than such sum as shall have been the average amount of the dividend in such two years, and before allowing any such addition the board of trade shall ascertain the amount of dividend paid on such capital during the said two years, the contracts, if any, for coal still in force, the present and former prices received by them for coke and residual products, the amount of gas unaccounted for and lost during each of the said two years, and their charges for gas during the same period. orders made to 8. Every provisional order made by the board of trade Provisional under the authority of this act shall be signed by a secretary be taken as or assistant secretary of the board of trade, and shall take valid. effect from a day subsequent to the date of the signing of the same to be named therein (in this act referred to as the commencement of such provisional order), and every such order purporting to be so signed shall be conclusive evidence of every fact and circumstance necessary to authorize the making thereof, and shall be deemed and taken to all intents and purposes whatsoever to have been made in pursuance of and in conformity with the provisions of this act; and so long as such provisional order shall continue in force, it shall be of the same force and effect as an act of parliament. Provided always, that where an application under this act W. BB Publication of provisional order as in schedule. Confirmation of provisional order by act of parliament. has been made by any undertakers for the grant of a provisional order for the amendment of a special act, it shall be lawful for the local authority of the district in which such special act is in force, at any time before the fifteenth February one thousand eight hundred and seventy-four, to apply to the board of trade for the grant of a provisional order for the amendment of such special act with respect to the illuminating power or the maximum price of the gas to be supplied by the undertakers, or with respect to the pressure at which such gas is to be supplied. Provided also, that at any time during the continuance of any provisional order granted to any undertakers, it shall be lawful for the local authority of the district in which the same is in force to apply to the board of trade to revoke or amend such provisional order, and the board of trade may revoke or amend the same accordingly. 9. When a provisional order has been made as aforesaid, and delivered to the persons who applied for the same, they shall, before the day named for the commencement of such provisional order, deposit and publish the same by advertisement according to the regulations contained in Part Three of the schedule to this act. 10. The board of trade shall, as soon as they conveniently can after the making of any provisional order under the authority of this act, procure a bill to be introduced into either house of parliament for an act to confirm the provisional order, which shall be set out at length in the schedule to such bill. If, while any such bill is pending in either house of parliament, a petition is presented against any provisional order comprised therein, the bill, so far as it relates to the order petitioned against, may be referred to a select committee, and the petitioner shall be allowed to appear and oppose as in the case of a bill for a local and personal act. In case either house of parliament shall refuse to confirm any provisional order under this act, notice of such refusal shall forthwith be given by the board of trade to the persons who applied for the same, and to the local authority of any district to which such provisional order relates, and the board of trade shall cause a copy of such notice to be published as an advertisement once in the local newspaper in which |