And with respect to the breaking up of Streets for the Purpose of laying Pipes, be it enacted as follows: 10 Vict., Cap. 15. Pipes. Power to break up Streets, &c., under Superintendence, and to open Drains. VI. The Undertakers, under such Superintendence as is hereinafter specified, may open and break up the Soil Laying of and Pavement of the several Streets and Bridges within the Limits of the Special Act, and may open and break up any Sewers, Drains, or Tunnels within or under such Streets and Bridges, and lay down and place within the same Limits Pipes, Conduits, Service Pipes, and other Works, and from Time to Time repair, alter, or remove the same, and also make any Sewers that may be necessary for carrying off the Washings and waste Liquids which may arise in the making of the Gas, and for the Purposes aforesaid may remove and use all Earth and Materials in and under such Streets and Bridges, and they may in such Streets erect any Pillars, Lamps, and other Works, and do all other Acts which the Undertakers shall from Time to Time deem necessary for supplying Gas to the Inhabitants of the District included within the said Limits, doing as little Damage as may be in the Execution of the Powers hereby or by the Special Act granted, and making Compensation for any Damage which may be done in the Execution of such Powers. VII. Provided always, That nothing herein shall authorize or empower the Undertakers to lay down or place any Pipe or other Works into, through, or against any Building, or in any Land, not dedicated to public Use, without the Consent of the Owners and Occupiers thereof; except that the Undertakers may at any Time enter upon and lay or place any new Pipe in the Place of an existing Pipe in any Land wherein any Pipe hath been already lawfully laid down or placed in pursuance of this or the Special Act or any other Act of Parliament, and may repair or alter any Pipe so laid down. Not to enter on private Land without Consent. &c. before VIII. Before the Undertakers proceed to open or Notice to be break up any Street, Bridge, Sewer, Drain, or Tunnel, served on they shall give to the Persons under whose Control or Persons havManagement the same may be, or to their Clerk, Sur- ing Control, veyor, or other Officer, Notice in Writing of their Inten- breaking up tion to open or break up the same, not less than Three Streets or clear Days before beginning such Work, except in Cases opening of Emergency arising from Defects in any of the Pipes or other Works, and then so soon as is possible after the beginning of the Work, or the Necessity for the same shall have arisen. Drains. Streets or IX. No such Street, Bridge, Sewer, Drain, or Tunnel shall, except in the Cases of Emergency aforesaid, be Drains not 10 Vict., to be broken up except under Superintendence of Persons . having Control of the same. If Persons having the Control, &c. fail to superintend, Undertakers may perform the Work without them. Streets, &c. broken up to be reinstated without Delay. Penalty for Delay in reinstating Streets, &c. opened or broken up except under the Superintendence of the Persons having the Control or Management thereof, or of their Officer, and according to such Plan as shall be approved of by such Persons or their Officer, or in case of any Difference respecting such Plan, then according to such Plan as shall be determined by Two Justices; and such Justices may, on the Application of the Persons having the Control or Management of any such Sewer or Drain, or their Officer, require the Undertakers to make such temporary or other Works as they may think necessary for guarding against any Interruption of the Drainage during the Execution of any Works which interfere with any such Sewer or Drain: Provided always, that if the Persons having such Control or Management as aforesaid, and their Officer, fail to attend at the Time fixed for the Opening of any such Street, Bridge, Sewer, Drain, or Tunnel, after having had such Notice of the Undertakers Intention as aforesaid, or shall not propose any Plan for breaking up or opening the same, or shall refuse or neglect to superintend the Operation, the Undertakers may perform the Work specified in such Notice without the Superintendence of such Persons or their Officer. X. When the Undertakers open or break up the Road or Pavement of any Street or Bridge, or any Sewer, Drain, or Tunnel, they shall with all convenient Speed complete the Work for which the same shall be broken up, and fill in the Ground, and reinstate and make good the Road or Pavement, or the Sewer, Drain, or Tunnel, so opened or broken up, and carry away the Rubbish occasioned thereby, and shall at all Times whilst any such Road or Pavement shall be so opened or broken up, cause the same to be fenced and guarded, and shall cause a Light sufficient for the warning of Passengers to be set up and maintained against or near such Road or Pavement where the same shall be open or broken up, every Night during which the same shall be continued open or broken up, and shall keep the Road or Pavement which has been so broken up in good Repair for Three Months after replacing and making good the same, and for such further Time, if any, not being more than Twelve Months in the whole, as the Soil so broken up shall continue to subside. XI. If the Undertakers open or break up any Street or Bridge, or any Sewer, Drain, or Tunnel, without giving such Notice as aforesaid, or in a Manner different from that which shall have been approved of or determined as aforesaid, or without making such temporary or other Works as aforesaid when so required, except in the Cases in which the Undertakers are hereby authorized to perform such Works without any Superintendence or Notice, or if the Undertakers make any Delay in completing any such Work, or in filling in the Ground, or reinstating and making good the Road or Pavement, or the Sewer, Drain, or Tunnel, so opened or broken up, or in carrying away the Rubbish occasioned thereby, or if they neglect to cause the Place where such Road or Pavement has been broken up to be fenced, guarded, and lighted, or neglect to keep the Road or Pavement in repair for the Space of Three Months next after the same is made good, or such further Time as aforesaid, they shall forfeit to the Persons having the Control or Management of the Street, Bridge, Sewer, Drain, or Tunnel, in respect of which such Default is made, a Sum not exceeding Five Pounds for every such Offence, and they shall forfeit an additional Sum of Five Pounds for each Day during which any such Delay as aforesaid shall continue after they shall have received Notice thereof. XII. If any such Delay or Omission as aforesaid take place, the Persons having the Control or Management of the Street, Bridge, Sewer, Drain, or Tunnel in respect of which such Delay or Omission shall take place, may cause the Work so delayed or omitted to be executed, and the Expense of executing the same shall be repaid to such Persons by the Undertakers; and such Expenses may be recovered in the same Manner as Damages are recoverable under this or the Special Act. 10 Vict., Cap. 15. In case of reinstate and Expenses. Gas. And with respect to the Supply of Gas, and the Re- Supply of covery of the Rent to be paid for the same, be it enacted as follows: XIII. The Undertakers may from Time to Time enter into any Contract with any Person for lighting or supplying with Gas any public or private Building, or for providing any Person with Pipes, Burners, Meters, and Lamps, and for the Repair thereof; and may also from Time to Time enter into any Contract with the Commissioners, Trustees, or other Persons having the Control of the Streets within the Limits of the Special Act for lighting the same or any of them with Gas, and for providing such Commissioners, Trustees, or Persons with Lamps, Lamp Posts, Burners, and Pipes for such Purpose, and for the Repairs thereof, in such Manner and upon such Terms as shall be agreed upon between the Undertakers and the said Commissioners, Trustees, or other Persons. Power of the contract for 10 Vict., Cap. 15. Power to Undertakers to let Meters. Meters not Undertakers Buildings for consumed. Recovery of XIV. (a) [The Undertakers may let for Hire any Meter for ascertaining the Quantity of Gas consumed or supplied, and any Fittings for the Gas, for such Remuneration in Money as shall be agreed upon between the Undertakers and any Person to whom the same may be so let, and such Remuneration shall be recoverable in the same Manner as the Rents or Sums due to the Undertakers for Gas, and such Meters and Fittings shall not be subject to Distress, or to the Landlord's Hypothec for Rent of the Premises where the same may be used, nor to be taken in execution under any Process of a Court of Law or Equity, or any Fiat or Sequestration in Bankruptcy against the Person in whose Possession the same may be.] [As to limited repeal of s. 14, see note (a) at foot.] XV. (a) [The Clerk, Engineer, or other Officer duly appointed for the Purpose by the Undertakers may at all reasonable Times enter any Building or Place lighted with Gas supplied by the Undertakers, in order to inspect the Meters, Fittings, and Works for regulating the Supply of Gas, and for the Purpose of ascertaining the Quantity of Gas consumed or supplied; and if any Person hinder such Officer as aforesaid from entering and making such Inspection as aforesaid at any reasonable Time, he shall for every such Offence forfeit to the Undertakers a Sum not exceeding Five Pounds.] [As to limited repeal of s. 15, see note (a) at foot.] XVI. If any Person supplied with Gas by virtue of this or the Special Act neglect to pay the Rent due for the same to the Undertakers, the Undertakers may stop the Gas from entering the Premises of such Person, by cutting off the Service Pipe, or by such Means as the Undertakers shall think fit, (a) [and recover the Rent due from such Person, if less than Twenty Pounds, together with the Expense of cutting off the Gas, and the Costs of recovering the Rent, in the same Manner as any Damages for the Recovery of which no special Provision is made are recoverable under this or the Special Act, or if the Rent so due amount to Twenty Pounds or upwards, the Undertakers may recover the same, together with the Expenses of cutting off the Gas, by Action in any Court of competent Jurisdiction.] [As to limited repeal of portion within brackets of s. 16, see note (a) at foot.] (a) ss. 14 and 15, the portion of s. 16 within brackets, and s. 17, repealed by Statute Law Revision Act, 1875, except so far as incorporated with Special Acts to which Gasworks Clauses Act, 1871, does not apply. For provisions under last-named Act, see ss. 18, 19, 21-23, 40, and 41 thereof, pp. 215-217, 221, 222. XVII. (a) [In all Cases in which the Undertakers are authorized to cut off and take away the Supply of Gas from any House or Building or Premises, under the Provisions of this or the Special Act, the Undertakers, their Agents or Workmen, after giving Twenty-four Hours previous Notice to the Occupier, may enter into any such House, Building, or Premises, between the Hours of Nine in the Foreuoon and Four in the Afternoon, and remove and carry away any Pipe, Meter, Fittings, or other Works the Property of the Undertakers.] [As to limited repeal of s. 17, see note (a) at foot.] 10 Vict., Cap. 15. Power to take away Pipes, &c. when Supply of Gas discontinued. of Gas. And with respect to Waste or Misuse of the Gas, or Undue Use Injury to the Pipes and other Works, be it enacted as follows: Gas of the XVIII. Every Person who shall lay or cause to be Penalty for laid any Pipe to communicate with any Pipe belonging to fraudulently the Undertakers without their Consent, or shall fraudu- using the lently injure any such Meter as aforesaid, or who, in case Undertakers. the Gas supplied by the Undertakers is not ascertained by Meter, shall use any Burner other than such as has been provided or approved of by the Undertakers, or of larger Dimensions than he has contracted to pay for, or shall keep the Lights burning for a longer Time than he has contracted to pay for, or who shall otherwise improperly use or burn such Gas, or shall supply any other Person with any Part of the Gas supplied to him by the Undertakers, shall forfeit to the Undertakers the Sum of Five Pounds for every such Offence, and also the Sum of Forty Shillings for every Day such Pipe shall so remain, or such Works or Burner shall be so used, or such Excess be so committed or continued, or such Supply furnished; and the Undertakers may take off the Gas from the House and Premises of the Person so offending, notwithstanding any Contract which may have been previously entered into. XIX. Every Person who shall wilfully remove, destroy, or damage any Pipe, Pillar, Post, Plug, Lamp, or other Work of the Undertakers for supplying Gas, or who shall wilfully extinguish any of the public Lamps or Lights, or waste or improperly use any of the Gas supplied by the Undertakers, shall for each such Offence forfeit to the Undertakers any Sum not exceeding Five Pounds, in addition to the Amount of the Damage done. (a) ss. 14 and 15, the portion of s. 16 within brackets, and s. 17, repealed by Statute Law Revision Act, 1875, except so far as incorporated with Special Acts to which Gasworks Clauses Act, 1871, does not apply. Penalty for wilfully damaging Pipes. |