Cap. 78. and com 32. Nothing in this Act shall take away or abridge 33 & 34 Vict., any power to open or break up any road along or across which any tramway is laid, or any other power vested in any local authority or road authority for any of the pur- Rights of poses for which such authority is respectively constituted, authorities or in any company, body, or person for the purpose of laying down, repairing, altering, or removing any pipe for the supply of gas or water, or any tubes, wires, or apparatus for telegraphic or other purposes, but in the exercise of such power every such local authority, road authority, company, body, or person shall be subject to the following restrictions; (that is to say,) 1. They shall cause as little detriment or inconvenience to the promoters and lessees as circumstances admit: 2. Before they commence any work whereby the traffic on the tramway will be interrupted they shall (except in cases of urgency, in which cases no notice shall be necessary) give to the promoters and lessees, if there be any, notice of their intention to commence such work, specifying the time at which they will begin to do so, such notice to be given eighteen hours at least before the commencement of the work : 3. They shall not be liable to pay to the promoters or lessees any compensation for injury done to the tramway by the execution of such work, or for loss of traffic occasioned thereby, or for the reasonable exercise of the powers so vested in them as aforesaid: 4. Whenever for the purpose of enabling them to execute such work the local authority or the road authority shall so require, the promoters or lessees shall either stop traffic on the tramway to which the notice shall refer, where it would otherwise interfere with such work, or shore up and secure the same at their own risk and cost during the execution of the work there: Provided that such work shall always be completed by the local authority or the road authority, as the case may be, with all reasonable expedition : 5. Any company, body, or person shall not execute such work so far as it immediately affects the tramway except under the superintendence of the promoters, unless they refuse or neglect to give. such superintendence at the time specified in the notice for the commencement of the work or discontinue the same during the progress of the P panies, &c. 33 & 34 Vict., Cap. 78. Difference between promoters and road work; and they shall execute such work at their own expense, and to the reasonable satisfaction of the promoters: Provided that any additional expense imposed upon them by reason of the existence of the tramway in any road or place where any such mains, pipes, tubes, wires, or apparatus shall have been laid before the construction of such tramway shall be borne by the promoters. 33. If any difference arises between the promoters or lessees on the one hand and any local authority or road authority, or any gas or water company, or any company, authority, &c. body, or person to whom any sewer, drain, tube, wires, or apparatus for telegraphic or other purposes may belong, or any other company, on the other hand, with respect to any interference or control exercised, or claimed to be exercised, by them or him, or on their or his behalf, or by the promoters or lessees by virtue of this Act, in relation to any tramway or work, or in relation to any work or proceeding of the local authority, road authority, body, company, or person, or with respect to the propriety of or the mode of execution of any work relating to any tramway, or with respect to the amount of any compensation to be made by or to the promoters or lessees, or on the question whether any work is such as ought reasonably to satisfy the local authority, road authority, body, company, or person concerned, or with respect to any other subject or thing regulated by or comprised in this Act, the matter in difference shall (unless otherwise specially provided by this Act) be settled by an engineer or other fit person nominated as referee by the Board of Trade on the application of either party, and the expenses of the reference shall be borne and paid as the referee directs. Motive power for carriages used on tramways. (a) *** 34. *** All carriages used on any tramway shall be moved by the power prescribed by the special Act, and where no such power is prescribed, by animal power only. *** (a) For Regulations of Board of Trade for protection of Gas and Water Pipes where electrical traction is employed, see Appendix C, pp. 585-589. GASWORKS CLAUSES ACT, 1871. 34 & 35 Vict., Cap. 41. An Act to amend the Gasworks Clauses Act, 1847. (a) [13th July, 1871.] [Preamble and introductory words repealed by Statute Law Revision (No. 2) Act, 1893]. 34 & 35 Vict., Cap. 41. 10 & 11 Vict. c. 15 and this Act to be construed 1. The Gasworks Clauses Act, 1847, and this Act, shall be construed together as one Act, and the provisions of this Act shall be held to repeal and supersede such of the provisions of that Act as are inconsistent with this Act. 2. This Act may be cited as "The Gasworks Clauses Short title. Act, 1871." together. 3. The provisions of this Act shall apply to every gas Application of undertaking authorised by any special Act hereafter Act. passed, or by any provisional order made under the authority of the Gas and Water Works Facilities Act, 1870, save where the said provisions are expressly varied or excepted by any such special Act or provisional order; and every such special Act and provisional order is in this Act included in the term "the special Act." 4. Terms used in this Act have the same meanings Interpretation respectively as the same terms have when used in the of terms. Gasworks Clauses Act, 1847, and in the Gas and Water Works Facilities Act, 1870. The term "prescribed" in this Act shall mean prescribed by the special Act: The term "premises in this Act shall include house and building: And the expression superior courts' or court of competent jurisdiction" in this Act, or in any Act wholly or partially incorporated herewith, shall be read and have effect as if the debt or demand in respect of which the expression is used were an ordinary simple contract debt and not a debt or demand created by statute. (a) For application of this Act to the Gaslight and Coke Company and the South Metropolitan Gas Company, see Gaslight and Coke Company's (Capital Consolidation) Act, 1898, s. 21, p. 529, and South Metropolitan Gas Company's Acts, 1881, s. 2, P 544, and 1882, s. 2, p. 545. For exclusion of its application to the Commercial Gas Company, see s. 3 of that Company's Act of 1875, p. 557. 34 & 35 Vict., Cap. 41. Prohibition against erect ing gasworks elsewhere than on lands specified in schedule. Sale of superfluous lands. Receipts of guardians, &c. to be sufficient discharge. For appointment of receiver. Undertakers from indict General Previsions. 5. The Undertakers shall not manufacture gas, or any residual products, except upon lands described in the special Act, and they shall not store gas, except upon those lands, without the previous consent in writing of the owner, lessee, and occupier of every dwelling-house situate within three hundred yards of the limits of the site where such gas is intended to be stored. 6. The Undertakers may sell and dispose of any lands which are vested in them, or which they are authorised to purchase, or which they may hereafter require, and which shall not be required for the purposes of the undertaking. and the provisions of “The Lands Clauses Consolidation Act, 1845," sections 128 to 132 (both sections inclusive) shall apply to any such sale; and the Undertakers may also from time to time sell and dispose of any works, buildings, or erections on any lands belonging to them which shall not be required for the purposes of the undertaking. 7. If any money be payable to a shareholder in a gas undertaking, being a minor, idiot, or lunatic, the receipt of his or her respective guardian or committee shall be a sufficient discharge to the Undertakers for the same. 8. The mortgages of the Undertakers may enforce payment of arrears of interest or principal, or principal and interest, due on their mortgages, in England and Ireland, by the appointment of a receiver, and in Scotland by the appointment of a judicial factor: and in order to authorise the appointment of a receiver or judicial factor 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 in the whole one thousand pounds, or such sum as shall be specified in the special Act. 9. Nothing in this or the special Act shall exonerate not exempted the Undertakers from any indictment, action, or other proceeding for nuisance in the event of any nuisance being caused by them. ment. Power to Persons empowered by The Lands Clauses Consolidation Act, 1845," to sell and convey or release lands may, if they think fit, subject to the provisions of that Act, and of "The Lands Clauses Consolidation Acts. Amendment Act, 1860." grant to the Undertakers any easement, right, or privilege, not being an easement of water, required for the purposes of the special Act, in, over, or affecting any such lands; and the provisions of the last-mentioned Acts with respect to lands and rentcharges, as far as the same are applicable in this behalf, shall extend and apply to such grants, or to such easement, rights, or privileges as aforesaid. Supply of Gas to Owners and Occupiers of Premises. 34 & 35 Vict., Cap. 41. to furnish 11. The Undertakers shall, upon being required so to Undertakers do by the owner or occupier of any premises situate within sufficient twenty-five yards from any main of the Undertakers, or such other distance as may be prescribed, give and con- to owners and supply of gas tinue to give a supply of gas for such premises, under such occupiers pressure in the main as may be prescribed, and they shall within the furnish and lay any pipe that may be necessary for such limits of the purpose, subject to the conditions following; (that is to say,) The cost of so much of any pipe for the supply of gas to any owner or occupier as may be laid upon the property of such owner or in the possession of such occupier, and of so much of any such pipe as may be laid for a greater distance than thirty feet from any pipe of the Undertakers, although not on such property, shall be defrayed by such owner or occupier. Every owner or occupier of premises requiring a supply of gas shall Serve a notice upon the Undertakers at their office, Enter into a written contract with the Undertakers Give to the Undertakers (if required by them so to special Act. |