Slike strani
PDF
ePub

62 & 63 Vict., Cap. 19.

Notices, &c. may be printed or written.

Service, of notices, &c.

34 & 35 Vict.

C. 17.

Remedying of

system and

works.

(3.) The Undertakers shall, if required by the Board of Trade or the Postmaster-General, or, where the local authority are not themselves the Undertakers, by the local authority, supply to them or him a copy of any such map or section and cause that copy to be duly corrected so as to agree with the original or originals thereof as kept for the time being at the office of the Undertakers.

(4.) If the Undertakers fail to comply with any of the requirements of this section they shall for each default be liable to a penalty not exceeding ten pounds, and to a daily penalty not exceeding two pounds.

Notices, &c.

61. Notices, orders, and other documents under the Special Order may be in writing or in print, or partly in writing and partly in print, and where any notice, order, or document requires authentication by the local authority, the signature thereof by the clerk or surveyor to the local authority shall be sufficient authentication.

62.-(1.) Any notice, order, or document required or authorised to be served upon any body or person under the Special Order or the principal Act may be served by being addressed to that body or person, and being left at or transmitted through the post to the following addresses respectively:

(a) in the case of the Board of Trade, the office of the Board of Trade;

(b) in the case of the Postmaster-General, the General Post
Office;

(c) in the case of any county council, the office of that council;
(d) in the case of any local authority, the office of that local
authority;

(e) in the case of the Undertakers, where the Undertakers are not
a local authority, the registered office of the Undertakers;
(f) in the case of a company having a registered office, at that
registered office, and in the case of a company having an office
or offices, but no registered office, the principal office of that
company;

(g) in the case of any other person, the usual or last-known
place of abode of that person.

(2) A notice, order, or document by this schedule required or authorised to be served on the owner or occupier of any premises shall be deemed to be properly addressed if addressed by the description of the "owner or "occupier" of the premises (naming the premises) without further name or description.

(3) A notice, order, or document by the Special Order required or authorised to be served on the owner or occupier of premises may be served by delivering it, or a true copy thereof, to some person on the premises, or, if there is no person on the premises to whom the same can with reasonable diligence be delivered, by fixing it on some conspicuous part of the premises.

(4.) Subject to the provisions of the Special Order as to cases of emergency, where the interval of time between the service of any notice or document under the provisions of the Special Order and the execution of any works, or the performance of any duty or act, is less than seven days, the following days shall not be reckoned in the computation of that time; that is to say, Sunday, Christmas Day, Good Friday, any bank holiday under and within the meaning of the Bank Holiday Act, 1871, and any Act amending that Act, and any day appointed for public fast, humiliation, or thanksgiving. [63-68. Revocation of Special Order.]

General

69.-(1.) If at any time it is established to the satisfaction of the Board of Trade.

(a) that the Undertakers are supplying energy otherwise than by means of a system which has been approved by the Board of Trade or (except in accordance with the provisions of the Special Order) have permitted any part of their circuits to be connected with earth or placed any electric line above ground;

or

(b) that any electric lines or works of the Undertakers are
defective, so as not to be in accordance with the provisions of
the Special Order or the Board of Trade regulations; or
(c) that any work of the Undertakers or their supply of energy is
attended with danger to the public safety, or injuriously affects
any telegraphic line of the Postmaster-General,

the Board of Trade may by order specify the matter complained of,
and require the Undertakers to abate or discontinue it within such
period as is therein limited in that behalf, and if the Undertakers
make default in complying with the order they shall be liable to a
penalty not exceeding twenty pounds for every day during which
the default continues.

(2.) The Board of Trade may also if they think fit by the same or any other order forbid the use of any electric line or work as from such date as may be specified in that behalf until the order is complied with, or for such time as may be so specified, and if the Undertakers make use of any such electric line or work while the use thereof is so forbidden they shall be liable to a penalty not exceeding one hundred pounds for every day during which the user continues.

(3) In any case of non-compliance with an order under this section, whether a pecuniary penalty has been recovered or not, the Board of Trade, if in their opinion the public interest so requires, may revoke the Special Order on such terms as they think just.

62 & 63 Vict., Cap. 19.

70.-(1.) The Board of Trade regulations for the time being in Publication of force shall within one month after they have come into force, as regulations. made or last altered, be printed at the expense of the Undertakers, and a true copy thereof, certified by or on behalf of the Undertakers, shall be kept by the Undertakers at their principal office within the area of supply, and supplied to any person demanding them at a price not exceeding sixpence for each copy, and where the local authority are not themselves the Undertakers, a like copy shall also be forthwith served upon the local authority.

(2.) If the Undertakers make default in complying with the provisions of this section they shall be liable to a penalty not exceeding five pounds, and to a daily penalty not exceeding five pounds.

[71. Nature and amount of Security.]

[72. Proceedings of Board of Trade.]

[73. Approval or consent of Board of Trade.]

[74. Notice of approval of Board of Trade &c. to be given by advertisement.] 75. If, in a case where the local authority are not themselves the Undertakers, any application is made to the Board of Trade to extend any time limited for the performance of any duties by the Undertakers, notice of the application shall be served on the local authority by the Undertakers, and an opportunity shall be given to the local authority to make representations or objections with reference thereto.

76.-(1) All penalties, fees, expenses, and other moneys recoverable under the Special Order, or under the Board of Trade regulations, the recovery of which is not otherwise specially provided for, may be recovered summarily in manner provided by the Summary Jurisdiction Acts.

(2.) Any penalty recovered on prosecution by an officer of the local authority, in a case where the local authority are not themselves the Undertakers, shall, if there is an electric inspector for

Notice of application for extension of time, &c. to be given to local authority.

Recovery and application of penalties.

62 & 63 Vict., Cap. 19.

Undertakers to

the time being appointed by the local authority, be paid to that officer and by him to the local authority, and shall be applied in aid of the local rate.

(3.) Any penalty recovered on prosecution by any other body or person, or any part thereof, may, if the court so direct, be paid to that body or person.

77. The Undertakers shall be answerable for all accidents, be responsible for damages, and injuries happening through the act or default of the all damages. Undertakers, or of any person in their employment, by reason of or in consequence of any of the Undertakers' works, and shall save harmless all authorities, bodies, and persons by whom any street is repairable, and all other authorities, companies, and bodies collectively and individually, and their officers and servants, from all damages and costs in respect of those accidents, damages and injuries.

Application to
Scotland.

38 & 39 Vict. C. 55.

Application to
Ireland.

41 & 42 Vict.
C. 52.
38 & 39 Vict.

c. 55.

61 & 62 Vict.

c. 37.

[78. As to mortgages.]

[79. Saving for Postmaster-General.]

[80. Saving rights of the Crown in the foreshore.]

[81. Undertakers not exempted from proceedings for nuisance.]

[82. Provision as to general Acts.]

Application to Scotland.

83. In the application of the provisions of this schedule to Scotland the following modifications shall be made:

(1.) The expression "arbiter," shall be substituted for the expression arbitrator.''

[ocr errors]

(2.) The sheriff of the county or any of his substitutes " shall be substituted for "a court of summary jurisdiction."

(3) References to recovery summarily as a civil debt shall be construed as references to recovery summarily.

[ocr errors]

(4.) The expression "complainer shall be substituted for the expression complainant,' and the expression "defender" for the expression defendant.'

(5.) The Secretary for Scotland" shall be substituted for "the Local Government Board."

(6.) The reference to section two hundred and sixty-five of the Public Health Act, 1875, shall not apply.

(7.) A reference to the Edinburgh Gazette shall be substituted for a reference to the London Gazette.

Application to Ireland.

84. In the application of the provisions of this schedule to Ireland the following modifications shall be made :

(1.) References to recovery summarily as a civil debt shall be construed as references to recovery before a court of summary jurisdiction.

(2) A reference to section two hundred and sixty-four of the Public Health (Ireland) Act, 1878, shall be substituted for a reference to section two hundred and sixty-five of the Public Health Act, 1875, and in the construction of that section, as incorporated in this schedule, "sanitary authority" shall mean the local authority as Undertakers.

[ocr errors]

(3.) Where the repair of any street or public bridge in a rural district is a public work within the meaning of the Local Government (Ireland) Act, 1898, that street or bridge shall, for the purpose of the provisions of this schedule, be deemed to be repairable by the county council and not by the district council.

(4.) A reference to the Local Government Board for Ireland shall be substituted for a reference to the Local Government Board. (5.) A reference to the Dublin Gazette shall be substituted for a reference to the London Gazette.

62 & 63 Vict.,

Cap. 46.

IMPROVEMENT OF LAND ACT, 1899.

62 & 63 Vict., Cap. 46. An Act to amend the
Enactments relating to
to the Improvement of
[9th August 1899.]

Land.

***

2. So much of the enactments mentioned in the First Schedule to this Act as make additions to the improvements authorised by section nine of the principal Act shall, subject to the restrictions contained in those enactments, have effect in Scotland.

***

Extension to Scotland of enactments

adding to list of authorised improvements.

9.-1.) This Act shall come into operation on the Commencefirst day of January next after the passing thereof.

(2.) This Act may be cited as the Improvement of Land Act, 1899, and the principal Act and this Act may be cited together as the Improvement of Land Acts, 1864 and 1899.

ment and short title.

[blocks in formation]

63 & 64 Vict., Cap. 228.

Short title.

CITY OF LONDON (VARIOUS
POWERS) ACT, 1900.

63 & 64 Vict., Cap. 228. An Act to empower the Corporation of the City of London *** to make further and better accommodation for the laying of pipes wires and other apparatus in over or under streets*** and for other purposes.

[Preamble.]

[6th August 1900.]

1. This Act may be cited as the City of London (Various Powers) Act 1900.

This Act applies to the City of London only, and does not appear to have yet been brought into operation as regards the construction of subways for the laying of pipes. The heads, however, of its provisions relating to public service works (including such subways) are given hereunder.

30. [Power to construct public service works in streets.]
31.

[Public service works to be constructed in accordance
with plans and sections deposited with Board of Trade.]
32. [Public service works to vest in corporation.]

33, 34. [Removal of pipes and wires into public service works.]

35. [Charge for use of public service works.]

36. [Cesser of powers to break up streets.]

37. [Maintenance of pipes and public service works.]

38. [Superintendent of public service works and other officers.]

39. [Connections of wires in public service works with other

wires.]

40.

41.

[Byelaws.]

[No byelaws to come into operation until allowed by

Board of Trade.]

42. [As to liability for accidents.]

43. [Cases of emergency.]

44-46. [Protective clauses.]

47. [Arbitrator, how appointed.]

48. [For protection of Postmaster General.]

49. [Not to authorise placing unauthorised wires in subways.] 50. [Company's obligation to give notice not to be affected.]

« PrejšnjaNaprej »