Huddersfield Corporation Gas Act of 1919

The Huddersfield Corporation Gas Act of 1919 was summarised as:

An Act to make provision for the transfer of the undertakings of the Longwood and Slaithwaite and the Kirkheaton Dalton and Lepton Gas Companies to the Mayor Aldermen and Burgesses of the borough of Huddersfield to make further provision in regard to the gas undertaking of the said Mayor Aldermen and Burgesses and for other purposes.

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9 & 10 GEORGE V.
HUDDERSFIELD CORPORATION GAS ACT 1919.
ARRANGEMENT OF SECTIONS.
Preamble
::;hort and collective titles
Incorporation of Acts
Interpretation
PART 1.-PRELIMINARY.
PART 11.-TRANSFER OF UNDERTAKINGS.
Confirmation of scheduled agreements
Longwood Company's mortgage debts to continue charge on
undertaking
Actions &c. not to abate and penalties to be recoverable
Contracts to be binding on Corporation
Books &c. to remain evidence
Companies to wind up affairs
Repeal of Companies' Acts
Companies' undertakings to form part of the Corporation's
undertaking
PART III.-GASWO&KS AND SUPPLY OF GAS.
Temporary limitation on exercise of powers
Limits of supply
Maintenance of gasworks
Additional lands
Power to lay pipes in private streets
Power to lay down pipes for ancillary purposes
Standard calorific power
Pressure
Section. Page.
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11. Huddersfield Corporation. Gas Act 1919.
Saving as to penalties ...
Period of error in defective meter
Price of gas ...
Power to vary price according to purpose for which gas supplied
Amending obligations as to supply of gas •••
Corporation may refuse to supply gas or electrical energy in
certain cases
Supply of gas where consumer has separate supply •••
Anti-fluctuators to be used with gas engines •••
Occupier to pay expenses of re-connecting discontinued supply
Notice to discontinue supply of gas
Supply of gas in bulk •••
Dwelling-houses for employees and other buildings ..•
Application of Electric Lighting Acts
For Protection of London and North Western and Lancashire
and Yorkshire Railway Companies
For Protection of Midland Railway Company
For Protection of the West Riding County Council
Supply of gas ...
Mains for power gas
PART IV.-POWER GAS.
Conditions a.s to quality of power gas
Regulations as to power gas •••
Provisions a.s to general Acts relating to power gas
PART V.-FINANCE.
Power to borrow
Redemption of Longwood Company's mortgages
Application of sections of existing Acts as to borrowing
Rate of accumulation of payments to sinking fund
Power to re-borrow
Expenses of execution of Act
Application of section 265 of the Public Health Act 1875
Incorporation of certain sections of recited Acts
CostR of Act ...
~CHEDUI.ES.
Section.
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AN
ACT
To make provision for the transfer of the undertakings
of the Longwood and Slaithwaite
and the Kirkheaton Dalton and Lepton Gas
Companies to the Mayor Aldermen and
Burgesses of the borough of Huddersfield to
make further provision in regard to the gas
undertaking of the said Mayor Aldermen
and Burgesses and for other purposes.
[RoYA.L AssENT 15TH AuousT 1919.J
WHEREAS under the Huddersfield Gas Act 1861 and divers other Preamble.
Acts the Mayor Aldermen and Burgesses of the borough Qf H uddersfield
(in this Act called "the Corporation") supply gas in the borough
and certain districts in the neighbourhood thereof:
5 And whereas by the Longwood Gas Act 187 5 the Longwood and
Slaithwaite Gas Company were incorporated and by that Act and
divers other Acts they were authorized to make and supply gas in tht,
Preamble.
2 Huddersfield Corporation Gas Act 1919.
township of Longwood and part of the township of Lindley-cumQuarmby
in the borough in the urban districts of Golcar and Slaithwaite
and in parts of the urban districts of Linthwaite and Marsden:
And whereas an agreement has been entered into between the said
Company and the Corporation (a copy of which is set forth in the 5
second schedule to this Act) for the transfer to the Corporation of the
Company's undertaking:
And whereas by the Kirkheaton Dalton and Lepton Gas Act 1887
the Kirkheaton Dalton and Lepton Gas Company "'ere incorporated
and authorized to make and supply gas within an area comprising 10
the urban district of Kirkheaton part of which is also within the
Corporation's limits for the supply of gas and in part of the urban
district of Lepton :
And whereas an agreement has been entered into between the
last mentioned Company and the Corporation (a copy of which is set 15
forth in the third schedule to this Act) for the transfer to the
Qorporation of the Company's undertaking :
And whereas it is expedient to confirm the said agreements and
to make provision for carrying them into effect :
And whereas it is expedient to make further prov1s1on m regard 20
to the gas undertaking of the Corporation and the supply of gas
by them:
And whereas it is expedient that the other provisions contained in
this Act be enacted :
And whereas the purposes of this Act cannot be effected without 25
the authority of Parliament:
And whereas in relation to the promotion of the bill for this Act
the requirements of the Borough Funds Acts 1872 and 1903 have been
observed and the approval of the Local Government Board has been
obtained : 30
MAY IT THEREFORE PLEASE YOUR MAJESTY
That it may be enacted and be it enacted by the King's Most Excellent
Majesty by and with the advice and consent of the Lords Spiritual
II udders.field Corporation · Gas Act 1919. 3
and Temporal and Commons in this present Parliament assembled
and hy the authority of the same as follows (that is to say) :-
PART !.-PRELIMINARY.
1. (1) This Act may be cited as the Huddersfield Corporation Shortand
collective
5 Gas Act 19 L 9. titles.
(2) The unrepealed provisions of the Acts mentioned in the first
schedule and this Act (including the enactments set forth in the
fourth schedule) may be cited together as the Huddersfield Corporation
Acts 1852 to 1919.
10 2. The following Acts and parts of Acts (so far as the same are Incorporation
applicable for the purposes and are not inconsistent with the provisions of Acts.
of t,his Act) are hereby incorporated with this Act (namely):-
( 1) The Lands Clauses Acts except the provisions with respect to
the purchase and taking of lands otherwise thau by agreement
15 and except section l 27 of the Lands Clauses Consolidation
Act 1845 relating to the sale cf superfluous lands ;
(~) The Gasworks Clauses Act 1847: Provided that section 13
of that Acp shall be read as if the words " or any premises"
were inserted after the words" private building" and as if the
20 words "Provided al1:0 that every such contract entered into
by the undertakers shall be alike in terms and amount under
like circumstances to all consumers" were added at the encl of
that section ; and
25
30
(3) The Gasworks Clauses Act 1871: Provided that in their
application t.o the Corporation sections 28, 29, 30 and 33 of
that Act shall be construed as if the words " calorific power "
were substituted therein for the words '' illuminating power"
and as if the provisions of this Act with reference to the
apparatus for testing the calorific power of the gas were substituted
for the regulations referred to in section 28 so far as
they relate to testing for illuminating power.
3. ( l) In this Act unless the suqject or con.text
reqmresotherwise
1!1terpreta- ho11.
(a) "The Corporation" means the Mayor Aldermen and Burgesses
35 of the borough of Huddersfield ;
-l Huddersfield Cory<>'l'atio-n, Gas Act 1919.
{ b) '' The borough" means the county borough of Huddersfield ;
( c) " The borough fund " and " the borough rate " mean the
borough fund and the borough rate of the borough ;
( d) " The gas limits" means the limits within which the Corporation
are for the time being authorized to supply gas ; 5
(e) " The Longwood Company" means the Longwood and Slaithwait-e
Gas Company;
(/) " The Kirkheaton Company" means the Kirkheaton Dalton
and Lepton Gas Company;
(y) " The Companies" means the Longwood Company and the 10
Kirkheaton Company;
(h) "The scheduled agreement" means in reference to the
Longwood Company the agreement set forth in the second
schedule and iii reference to the Kirkheaton Company the
agreement set fort,h in the thfrd schedule and " the scheduled 15
agreements" means both those agreements;
(i) " rhe day of transfer" means in reference to the undertakiug
of the Longwood Company the date refen-ed to as the day of
transfer i_n the agreement set forth in the second schedule and
in reference to the undertaking of the Kirkheaton Company 20
the date referred to as the day of transfer in tlw agreement
set forth in the third schedule ;
(J) Each of the Acts mentioned in the first scl 1edule is referred to
as the Act of the year in which it was passed;
(k) '' The first schedule" "the second i:;chedule" ·• the third 25
schedule '' ancl " the fourth schedule " mean respectively the
first schedule the second schedule the third schedule and
the fourth schedule to this Act.
(2) Words and expressions to which meanings are assigned by the
enactments incorporated with this Act have in this Act the same 30
respective meanings unless there be something in the snbject or
context repugnant to such construction ..
Huddersfield Corporation, Gas Act 1919. 5
PART II.-TRANSFER OF UNDERTAKINGS.
4. (1) The scheduled agreements are hereby confirmed and made ~t°=hi;:~~:in
binding upan the parties the:reto respectively and effect may and shall agreement••
be given thereto accordingly subject to such modifications (if any) as
5 may be agreed between the said parties in writing under their respective
common seals.
{2) Upon the day of transfer the undertaking property and assets
of each of the Companies shall by virtue of this Act be transferred to
and become vested in the Corporation in accordance with the provisions
10 of the scheduled agreements.
5. The mortgage debts of the Longwood Company outstanding Longwood
at the day of transfer and the interest accruing thereon after that day ~~~;;!'•
h ll h f · be h h d k' f h debts to coll• s a t erea ter contmue to a c . arge on t e un erta mg o t at tinue charge
Company in the hands of the Corporation to the same ,extent and r~~~utlerta.k15
with the same incidents as if this Act had not been passed but with
the substitution of the Corporation for the Longwood Company m respect
of such mortgage debts.
6. · Subject as between the Corporation and the Lon!!wood Actions &c. ~ not to abate
Company to the provisions of the scheduled agreement and without and penalties
to be recev•
20 prejudice to any remedy over by the Corporation against that erable.
Company no action suit prosecution or other proceeding whatsoever
commenced either by or against that Company in relation to any
property right privilege debt liability or obligation transferred to
the Corporation shall abate or be discontittued or prejudicially
25 affected by reason of the transfer to and vesting in the Corporation of the
undertaking of the Company but the same shall continue and take effect
either in fa.v~mr of or against the Corporation in the same manner in all
respects as the same would have continued and taken effect in relation
to the Company if the transfor had not been made and all penalties
30 incurred by reason of any offence against the provisions of any enactments
of the Longwood Company previously. to the day of transfer may be
sued for and all offences_comi:nitted against such provisions previously
to the day of transfer may be prosequted by the Corporation in such or
the like manner to all intents and purposes as such penalties might have
35 been sued· for or such offences prosecuted if the transfer bad not taken
place and all'~oneys payable to the Longwood Company prior to the
Contraota to
be binding on Corporation.
Books &c. to
remain
evidence.
Companies to
wind up
affairs.
6 Huddersfield Corporation Gas Act rn I 9.
day of transfer may be sued for and recovered by the Corporation in
the same manner in all respects as the . same might have been sued
for and recovered by the Company if this Act had not been passed.
7. Subject to the provisions of the scheduled agreements all agreements
contracts deeds and other instruments affecting either of the 5
Companies and in force at the day of transfer shall after that day be as
binding and of as full force and effect against or in favour of the C,orporation
and may be continued or enforced as fully and effectually as if
instead of the Company the Corporation had been a party thereto.
8. All books and documents which if the transfer had not been 10
made would have been evidence in respect of any matter for or against
either of the Companies shall be admitted in evidence in respect of the
same and the like matter for or against the Corporation.
9. The following provisions shall apply to the Longwood Company
and to the Kirkheaton Company and each of those Companies is 15
referred to in this section as'' the Company" (namely):-
(1) From and after the day of transfer the Company shall
continue to exist only for the purpose of paying their debts and
liabilities (other than such as are to be discharged or taken over
by the Corporation) and of receiving and recovering the sums 20
payable to the Company under the scheduled agreement and
distributing or otherwise applying the same and of winding up
the affairs of the Company and carrying into effect the purposes
of this Act so far as they relate to the Company and the directors
of the Company who are in office at the day of transfer and the 25
survivors or survivor of them shall continue without re-election to
hold the office of directors of the Company and they or a majority
of them shall have full power and authority to take all necessary
proceedings for carrying into effect the several purposes of this
section;
If the number of directors of the Company be reduced by
death resignation or otherwise below three before the completion
of such winding up the continuing directors shall from time to
time choose a stockholder or stockholders of the Company to fill
30
the vacancy or vacancies so caused; 85
(2) As soon as may be practicable after the day of transfer
the directors of the Company shall proceed to wind up the affairs
Huddersfield Corporation Uas Act 1919. 7
of the Company and shall pay the debts and liabilities of the'
Company (other than such as are to be discharged by the Corporation)
and subject to the payment thereof shall distribute the
surplus moneys of the Company to and among the several persons
5 who at the day of transfer are the registered holders of stock
in the capital of the Company or their respective executors
administrators, or assigns-·
(a) in the case of' the Longwood Company in.accordance with
the provisions of the scheduled agreement ; and
10 (b) in the case of the Kirkheaton Company in proportion to
the amount of stock in the capital of the Company held
by them respectivelyand
for the purpose of such distribution the several persons whose
names shall appear in the books of the Company at t-he day of
15 transfer to be the proprietors of stock therein shall unless
the contrary be proved to the satisfaction of the directors be
considered to be stockholdei s of the Company and the receipt
in writing of such persons or of their executors administrators
or assigns or of the committee or guardian of the estate of any
20 such person who shall be au idiot lunatic or minor shall be an
effectual discharge to the Company and the directors thereof for
the money therein expressed to be received and shall exonerate
them from any obligation affecting the _stock or interest in respect
whereof such payment is made;
25 (3) Where the directors of the Company are for six
months after the payment of the purchase money by the
Corporation unable after diligent inquiry to find the person
to whom any money is payable or where any money is payable
to a person who or whose committee cannot give an effectual
30 receipt for the same the directors may pay the money as
. nearly as may be in manner provided for payment of money into
court by any Act for the time being in force for the relief of
trustees and such Act shall apply with all necessary modifications
to such money and where the amount does not exceed five hundred
35 pounds the directors may pay the same into the county court ot
Yorkshire holden at Huddersfield and every such payment into
court shall effectually discharge the Company and directors from
all further liability with respect to such money;
( 4) U pou the purposes specified in this section being fulfilled
40 the Company shall by virtue of this Act be dissolved.
Repeal of
Companies'
Acts.
8 Huddersfield CorpO'ration Ga.'4 Act· 1919:
10. As from the day of transfer(
l) The following Acts shall be repealed except so far as may
be necessary to give effect to the provisions of this Act and except
the enactments mentioned in the fourth schedule (namely):-
Longwood Gas Act 18 7 5 ;
Slaithwaite Gas Act t876 ;
Longwood Gas Act 1902 ;
Longwood and Slaithwaite Gas Act 1914; and
. Kirkheaton Dalton and Lepton Gas Act 18 8 7.
5
(2) The enactments mentioned in the fourth schedule shall 10
apply and have effect as if the Corporation were referred to therein
instead of the Longwood Company or the Kirkheaton Company
as the case may be.
Compani'!8 11. Each of the Companies' undertakings when acquired by the
undertakmg1 • • , •
to form part Corporation shall form part of the Corporat10n s gas undertakmg. 15
of the Corpor0 •
ation's undertaking.
PART III.-GASWORKS AND SUPPLY OF GAS.
Temporary
· limitation on
exercise of
powers.
Limits of
supply.
12. The provisions contained in this part of this Act shall not
apply to the undertaking of each of the Companies or to the supply of
gas within their limits of supply until the day of transfer.
13. (1) On and after the day of transfer the powers and 20
obligations of the Longwood Company and of the Kirkheaton Company
respectively with respect to the supply of gas shall cease and determine
and the limits of the Corporation for the supply of gas shall be extended
so as to comprise the areas within the Companies' .limits of supply and
subject to the provisions of this Act the Acts relating to the 25
Corporation's gas undertaking and· the supply of gas by them shall
have effect as if those areas had originally been included therein and
the Corporation shall have within those areas all such powers and
authorities with respect to their gas undertaking and the supply of gas
and in any way incident or relating thereto as they have within their 30
existing limits of supply.
(2) The limits of the Corporation for the supply of gas as extended
by this section comprise the borough the urban districts of Golcar
Kirkheaton Linthwaite Slaithwaite and ::;outh Crossland and so much
of the urban districts of Lepton and Mars, len and of the township of 35
Fixby in the rural district of Halifax as is coloured red on the map
hereinafter mentioned.
Huddersfield Corporation Gas Act 1919. 9
(3) The area comprised within such limits is edged blue upon
the map signed in triplicate by the Right Honourable the Earl of
Donoughmore the Chairman of the Committee of the House of Lords
to whom the bill for this Act was referred one of which maps has been
5 deposited in the Parliament Office of the House Qf Lords one in the
Private Bill Office of the House of Commons and one with the town
clerk of the borough at his office.
Copies of or extracts from the said map deposited with the town
clerk certified by him to be true shall be received in all courts and
10 elsewhere as prima facie evidence of the contents of the map.
14. The Corporation may maintain alter improve enlarge extend :Me.intenance
of ge.sworka.
and renew or discontinue the gasworks transferred to them upon the
lands upon which the same are erected and may exercise upon the
lands described in the schedules to the Longwood Gas Act 1875 the
15 Slaithwaite Gas Act 1876 the Longwood Gas Act 1902 and the
Kirkheaton Dalton and Lepton Gas Act 1887 respectively (copies of
which are set forth in the fourth schedule) the powers which they were
authorized by the Huddersfield Corporation Act 1897 to exercise upon
the lands described in the first schedule to that Act.
20 15. The Corporation may for the purposes of their gas under- Additione.l . . • • lands.
taking purchase take and hold (by agreement but not otherwise) m
addition to the lands which they are now authorized to acquire or hold
any lands and hereditaments not exceeding in the whole five acres
which the Corporation may require for the purposes of their works
25 and undertaking but the Corporation shall not create or permit a
nuisance on any such lands and Iio such lands· shaU be used by the
Corporation for the purpose of manufacturing gas or residual products.
16. The Corpora.tio~ may on the application or' the owner or P~wez: to lay
occiipier of any premises within the gas lim_its a.hutting on or being ~d:~n
30 erected in any street laid out but not dedicated to public use supply streeta.
those premises with gas and for that purpose the Gasworks Clauses
Act 18-'7 shall apply as if section 7 (Undertakers not to enter on
private land without consent) of that Act were excepted from
incorporation in the Acts relating to the Corporation.
85 17. The Corporation may lay down place repair alter remove Powerto
and renew ma.ins pipes and culverts and other apparatus for the purpose ;~~0
f":1
of procuring conducting or disposing .of any oil or other material used ;::.
by them in or resulting from the manufacture .of gas .or any residual
products thereof or for any other purpose connected with their gas
St.-ndard
calori.lic
power.
10 Huddersfield Corporation Gas A.et 1919.
undertaking and the provisions of the Gasworks Clauses Act 1847 with
respect to the breaking up of streets for the purpose of laying pipes
and for the protection of pipes when so laid shall so far as applicable
for the purposes of this section extend and apply mutatis mutandis
to and for the purp~s thereo£ 5
18. (1) The provisions of this section shall apply to the Corporation
and their gas undertaking in substitution for the provisions as to(a)
a prescribed standard of illuminating power;
(b) penalties in respect of a deficiency in illuminating power; and
(c) testing for illuminating po,ver;
contained in sections 12, 32 and 36 and in schedule A of the Gasworks
Clauses Act 1871 in section 28 of the Act of 1876 and in any other
enactment relating to or affecting the Corporation.
10
(2) Within three months after the passing of this Act or such
further time as the Local Government Board may allow the Corporation 15
shall provide at the prescribed testing places apparatus for testing the
calorific power of the gas supplied by them similar to the apparatus for
the time being prescribed . by the Metropolitan Gas Referees for testing
the calorific power of the gas supplied by the companies referred to in
the London Gas Act 1905. 20
(3) The prescribed testing places are(a)
the place prescribed by section 14 (Alteration of testing
places for gas) of the Huddersfield Corporation Act 1897;
(b) either at the works erected upon the lands described in the
schedule to the Longwood Gas Act 1875 or at the works 25
erected upon the lands described in the schedule to the
Longwood Gas A.et 1902 ;
(c) at the works erected upon the lands described in the schedule
to the Kirkheaton Dalton and Lepton Gas Act 1887 or
within two hundred yards from any part thereo£ 30
( 4) As from the passing of this Act the gas supplied by the Corporation
shall when tested in the mode and under the conditions for
the time being prescribed by the Metropolitan Gas Referees be of a
calorific power of not less than five hundred British thermal units and
Iludder,fiel,d, Corporation Gas Act 1919. 11
in the interpretation of this Act the ex.pression ''standard calorific power"
shall mean five hundred British thermal units and the expression
"calorific power" shall mean gross calorific power per cubic foot of gas:
Provided that if at any time application is made to the Board of
5 Trade by the Corporation or by any body or person who may appear to
the Board of Trade to have a substantial interest in the matter to
reduce or increase the standard calorific power the Board of Trade
after hearing the parties and any other persons who appear to the
Board to be interested may make such reduction or increase of the
10 standard calorific power as they think fit.
( 5) Not more than one testing for calorific power shall be made on
any one day: Provided that .if on any occasion of testing the calorific
power of the gas is found to be below the standard calorific power a second
testing shall be made ~n the same day after an interval of not less than
15 one hour and the average of the two testings shall be deemed to be the
calorific power of the gas on that day.
(6) If on any day the calorific power of the gas supplied by the
Corporation when tested as required by this section is below the standard
calorific power the Corporation shall be liable to the following penalties
20 in respect ot such deficiency (that is to say):-
(a) If the deficiency does not exceed fourteen British thermal
units a sum not exceeding two pounds ;
(b) If the deficiency exceeds fourteen British thermal units but
does not exceed twenty-eight British thermal units a sum not
25 · exceeding five pounds;
(c) If thA deficiency exceeds twenty-eight British thermal units
then for each complete twenty-eight British thermal units of
defective power a sum not exceeding ten pounds.
19. Section 29 (Pressure of gas) of the Act of 1876 is hereby' P~sure.
30 amended by the substitution for the words " from midnight to suruiet
not less than six-tenths of an inch and from sunset to midnight not
less than eight-tenths of an inch" of the words "not less than fifteentenths
of an inch."
20. No penalty shall be incurred by the Corporation for neglect savin~aa to
f 1 · 1 f · d · h h penalties. 35 or re usa to give a supp y o gas m accor ance wit t e enactments
relating to them or for insufficiency of pressure defect of calorific power
Period of
terror in defective
meter.
12 Hudder.efi,eld Corporation Gas Act 1919.
or excess of impurity in the gas supplied by them in any case in which
the court having cognisance of the case are of opinion that such neglect
refusal insufficiency defect or excess was occasioned by unavoidable
cause or accident or by any circumstance beyond the control of .the
Corporation. 5
21. (1) In the event of any meter used by a consumer· of gas
being tested in manner provided by the Sale of Gas Act 1859 and
being proved to register erroneously within the meaning of the said
Act such erroneous registration shall be deemed to have first arisen
during the then last preceding quarter of the year unless it be proved 10
to have first arisen during the then current quarter.
(2) The amount of the allowance to be made to or of the
surcharge to be made upon the consumer by the Corporation shall be
paid by or to the Corporation to or by the consumer as the case
may be and shall be recoverable in the like manner as gas charges 15
are recoverable by the Corporation.
Price of gu. 22. Notwithstanding anything contained in the Acts relating to
the Corporation the price charged by them for gas supplied to any
consumers in the urban districts of Golcar Lepton Linthwaite Kirkheaton
Marsden Slaithwaite and South Crossland and in the township 20
of Fixby may exceed the price charged for gas supplied in the borough
by not more than sixpence per thousand cubic feet.
P~wer to va~ 23, (1) Notwithstanding anything contained in the Acts relating
pnce accord- • •
in,; to purpose to the Corporation the price to be charged by them for a supply of gas
for which gas d' h ~ h" h h . l"ed supplied. may vary accor mg to t e purposes 1or w 1c t e gas 1s supp 1 as 25
Amending
obligations as
to supply of
gas.
may be agreed upon between the Corporation and the person taking
such supply :
(2) Provided that the Corporation shall not under the powers of
this section give any preferential price as between any consumers who
shall take a supply of gas for the same purpose under like circumstances. 30
24. Notwithstanding anything contained in the Acts relating to
the Corporation they shall not be obliged to give from any main a
supply of gas for any purpose other than lighting or domestic use in
any case where the capacity of such main is insufficient for such
purpose or if and so long as any such supply would in the opinion of the 35
Corporation interfere with the sufficiency of the gas required to be
supplied by means of such main for lighting purposes.
Huddersfield Corporation Gas Act 1919. 13
25. The Corporation may refuse to supply gas or electrical energy ~ire":!:n to
to any person whose payments for the supply of either gas or electrical :;:~~!i" or
energy or meter rent are for the time heing in arrear whether any such enerl9' in
certam case,.
payments be due to the Corporation in respect of a supply to the
5 premises in respect of which such supply is demanded or in respect of
other premises.
26. Notwithstanding anything contained in the Gasworks Supply of gas • where conClauses
Act 1871 or any other Act a person shall•not be entitled to sumerha.s
demand or continue to receive from the Corporation a supply of gas :1;.i~~
10 for any premises for which he has at the same time a supply of gas from
an installation other than that of the Corporation or a supply of electricity
except from the Corporation unless he shall have agreed to pay to
the Corporation such minimum annual sum as will give to them a
reasonable return on the ~apital expenditure and will cover charges
1-5 incurred by them in order to meet the possible maximum demand for
those premises and the sum to be so paid shall be determined in default
of agreement by arbitration in manner provided by the Arbitration
Act 1889.
2 7. (I) The Corporation may by notice in writing require a Anti- • fluctuators
20 consumer of gas supplied by the Corporation and used for the working to_ be uae~
f . fi d ffi . . fl . . b} with gas o · an engme to x an use an e c1ent anti- uctuator m a smta e engineR.
position upon the premises to which the gas is supplied and whereon
the eugine is in use or to keep an efficient anti-fluctuator so fixed and
used in proper order and repair at all times while in use or to repair
25 renew or replace an anti-fluctuator which is not in proper order or
repair.
(2) If the consumer after any such notice as aforesaid fails to fix.
and use an efficient anti-fluctuator or to keep an anti-fluctuator in
proper order and repair or to repair renew or replace an anti-fluctuator
30 which is not in proper order and repair the Corporation may cease to
supply him with gas.
(3) The Corporation may at all reasonable times demand and shall
thereupon have access to any ant.i-fluctuator fixed upou any premises
to which gas is supplied by the Corporation and for the purpose of
35 ascertaining whether the anti-fluctuator is efficient and in proper order
or repair may take off remove test and inspect the anti-fluctuator such
taking off removing testing and inspecting to be done at the expense of
the Corporation if the anti-fluctuator be found efficient and in proper
order hut otherwise at the expense of the consumer.
Occupier to
pay expenses
of re-con• necting
discontinued
1Upply.
Notice to
discontinue
eupply of gas.
Supply of gu
in bulk.
Dwellinghou'lell
for
employees
and other
buildings.
Applic~tion of
:Electric
Lighting Act.I.
u Huddersfield Corporation Gas Act 1919.
( 4) For the purposes of this section an " anti-fluctuator" means
any apparatus article or thing for the purpose of controlling and
regulating the supply of gas to any engine and pre\tenting any
inconvenience or danger from the intermittent consumption of gas by
the engine. 5
28. In any case in which in consequence of any default on the
part of the occupier of any premises the Corporation shall have cut off
the supply of gas to such premises and the occupier so in default shall
desire to resume such supply he shall pay to the Corporation the
expenses of re-connecting the supply and the Corporation shall not 10
be under any obligation to supply gas to such occupier until he shall
have paid such expenses.
2 9. A notice to the Corporation from a consumer for the
discontinuance of a supply of gas shall not be of any effect unless it be
in writing signed by or on behalf of the consumer and be left at or 15
sent by post to the office of the Corporation or be given by the
consumer personally at the office of the Corporation.
30. The Corporation may contract with any local authority
company or persons authorized to supply gas under Parliamentary
powers in any district adjacent to the gas limits for the supply to 20
them respectively of gas in bulk upon such terms and conditions and
for such periods not exceeding in any case seven years from the making
of the contract as may be agreed upon but nothing in this section
shall authorize the Corporation to lay any mains or other pipes or
to interfere with any street beyond the gas limits. 25
31. The Corporation may purchase or take on lease and maintain
he uses and buildings for persons in their employment in connection
with their gas undertaking and offices show rooms and other buildings
for the purposes of that undertaking and they may also erect maintain
and let any such buildings upon any lands for the time being belonging 30
or leased to the Corporation for those purposes.
32. Nothing in this Act shall authorise any interference with
electric lines and works of any undtrtakers under the Electric Lighting
Acts 1882 and 1888 to which the provisions of section 15 of the former
Act apply except in accordance with and subject to the provisions of that 35
section and the provisions of that section shall be deemed to extend to
and include any electric lines or works of such undertakers constructed
or placed upon or above the level of the ground.
]!udderefield Corporation Gas Act 1919. 15
83. The following provisions for the protection of the London and : 0~~
North Western Railway Company and the Lancashire and Yorkshire ;~~~d
Railway Company or either of those companies (in this section referred !:;Yo~;:hire
to as " the Rail way Company") shall be m force and have effect :- Railway Compui-.
5 (1) The Corporation in laying down or executing or iu effecting
the repairs and renewals of any mains, pipes or other works
upon across over under or in any way affecting the
railways lands or property now or hereafter belonging to or
used worked or occupied by the railway company or the
10 bridges approaches viaducts stations or other works or any
level crossings over the railways of the railway company shall
lay down execute and effect the same under the superintendence
(if the same be given) and to the reasonable
satisfaction of the principal engineer of the railway company
15 and only according to such plans to be submitted to and
previously reasonably approved by him or settled by arbitration
as hereinafter provided and in all things by and at the
expense of the Corporation. The Corporation shall (except
in cases of emergency when as long a notice as practicable
20 shall be given) give to the engineer of the railway company
fourteen days notice in writing of their intention to carry
out .such works after the plans shall have been so approved
or settled;
(2) The Corporation shall with all convenient speed restore and
25 make good any works and the roads and pavements over any
such bridges level crossings and approaches which the railway
company al'e or may be liable to maintain and which may be
disturbed or interfered with by or owing to any operations of
the Corporation and shall keep any such 10ad or pavement in
30 repair for three months alter restorll.tion and making good
and for such further time if any :uot exceeding twelve months
as the soil so broken up shall continue to subside ;
(3) All such works matters and things shall be constructed
executed and done so as ~ot to cause any injury to such rail35
ways bridges level crossings approaches viaducts stations
works lands or property or interruption to the passage or
conduct of traffic over such railways or at auy station
thereon;
( 4:) If the Corporation make unnecessary delay in restoring and
16 Hudde1·sfield Corporation Gas Act 1919.
making good BUch road pavement or works or neglect to keep
such road or pavement in repair as aforesaid the railway
company may after three days' notice to the Corporation
cause such work to be executed or such restoration and
making good to be effected and the expense of executing or 5
effecting the same shall be repaid to them by the Corporation ;
(5) The Corporation shall repay to the railway company the
expense of any temporary works or watching which the
railway company may reasonably consider necessary to
provide for the protection of any of their railways or the 10
traffic thereon during and with reference to the carrying out .
of the works aforesaid ;
(6) If any injury or interruption shall arise from orb~ in any way·
owing to any of the acts operations matters and things
aforesaid or the bursting leakage or failure of any such mains 15
pipes or works the Corporation shall make compensation in
respect thereof to the railway company and in the event of
any dispute as to the amount of any such compensation
the same shall be determined by arbitration as hereinafter
provided; 20
(7) Any dispute or difference which may arise between the
railway company and the Corporation with reference to the
foregoing provisions of this section or in any way arising
thereout or as to any works to be carried out in pursuance
thereof shall be settled by arbitration by an engineer or other 25
fit person to be appointed by the President of the Institution
of Civil Engineers on the application of the railway company
and the Corporation or either of them ;
(8) All gas supplied by the Corporation to any station of the
railway company shall be supplied at such pressure as to 30
balance a column of" water not less than twenty-tenths of one
inch in height at the outlet of the primary meter or meters
· registering that supply to such company ;
(9) Any gas examiner appointed under the Gasworks Clauses Act
1871 may for the purposes of this Act subject to the terms of" 35
his appointment on the premises of the rail way company at
the outlet of' the primary met.er or meters registering the
supply to such company as and when he thinks fit test the
5
Hudder.ifield Corporation Gas Act 1919. 17
pressure at which the gas is supplied and the Corporation
shall afford to the examiner all reasonable facilities for making
the test.
34. The following prov1s10ns for the protection of the
Railway Company (in this section referred to as "the
Company") shall be in force and have effect:-
Midland For protection of Midland
Railway Railway
Company.
(1) The Corporation shall not exercise the powers of the section of
this Act whereof the marginal note is "Power to lay pipes Sec. 16.
in private streets" with respect to any street or road belong10
ing to or under the control or management of the railway
company except with the consent of that company but such
consent shall not be unreasonably withheld and if any
difference shall arise between the railway company and the
Corporation as to whether such consent is in any case
15 unreasonably withheld the difference shall be determined by
an arbitrator to be agreed upon or failing agreement to be
appointed on the application of either party by the President
of the Institution of Civil Engineers and in carrying out
any works authorised by the said section the Corporation
20 shall not unreasonably obstruct or interfere with the
convenient access to any such street or road ;
(2) All gas supplied by the Corporation to any station of the
railway company shall be 8Upplied at such pressure as to
bala11ce a column of water not less than twenty-tenths of one
25 inch in height at the outlet of the primary meter or meters
registering that supply to such Company;
(3) Any gas examiner appointed un1er the Gasworks Clauses Act
1871 may for the purposes of tliis Act subject to the terms of
his appointment on the premises of the railway company at
30 the outlet of the primary meter or meters registering the
supply to such company as and when he thinks fit test the
pressure at which the gas is supplied and the Corporation
shall afford to the examiner all reasonable facilities for making
the test.
· 35 36. In executing the works and exercising the powers authorised For protection
by this Act so far as they affect any main road or any county bridge ~i~~~iding
(which expression shall in this section mean a'nd include any bridge g~~~!11.
18 Huddersfield Corporation Gas Act 191'9.
which is .for the time being .a county or main road bridge and the
~pproaches to such bridge) repairable by the County Council of the
West Riding of Yorkshire (in this section called " the County Council")
the following provisions for the protection of the County Council shall
have effect unless otherwise agreed in writing between the County 5
Council and the Corporation (that, is to say) :-
(1) All mains pipes or works to be laid in or along any such main
road br in upon or across any such county bridge shall so far
as is reasonably practicable be constructed and laid in such
position at the side of the road as the County Council shall by l 0
writing under the hand of their surveyor reasonably direct or
(if the said surveyor agrees) under the footpath: Provided
that this sub-section shall not apply to service pipes;
(2) Except in cases of emergency and except when the works
consist of service pipes fourteen days' notice shall be given of 15
the intention to open any main road or bridge and the
Corporation shall deliver to the County Council or their
surveyor. for reasonable approval a plan of the proposed works
not less than twenty-one days before the Corporation
commence to open or . break up any main road or bridge for 20-
the purpose of executing the works;
{3} AU works shall be executed by the·Corporation so as not to
stop or (so far as reasonably practicable) impede or interfere
with the traffic on any such main road or county bridge;
(4} Notwithstanding anything in this Act contained it shall be 2Slawful
for the County Council at any time or times to remove
alter widen reconstruct or rebuild any county bridge on alongside
or near to which are any mains pipes or works of the
Corporation in the same manner as they might have removed
altered widened reconstructed or rebuilt such bridge if this 30·
Act had not been passed and such mains pipes or works had
not been laid on alongside or near to such bridge And in the
event of any such bridge being removed altered widened
reconstructed or rebuilt as aforesaid the Corporation at their
own expense may and if and when reasonably requested by 35·
the said surveyor shall remove or alter the position of such
Illa.ins and pipes arid any works by which the same are carried
on alongside or near to any such bridge as aforesaid to the
reasonable satisfaction of the said surveyor: Provided that-
5
10
15
Huddersfield Corporation Gc,,s Act 1919. 19
(a) the County Council shall at the expense of the
Corporation afford all reasonable facilities to the
Corporation for such alterations ;
(b) before and during such removal alteration widening
reconstruction or rebuilding of any such bridge as
aforesaid the County Council shall at the like
expense afford all reasonable facilities for temporarily
carrying such mains or pipes across the stream river
or other place over which such bridge is carried
so as not to interrupt the continuous supply of gas :
Provided also that if any request of· the said surveyor for
the removal or alteration of the position of any mains pipes
or works of' the Corporation is not complied with the County
Council shall not be responsible for or liable to make any
compensation in ·respect of any injury which may happen to
the said mains pipes or works in connection with or in
consequence of the ;emoval alteration widening reconstructing
or rebuilding of such bridge;
(5) Notwithstanding anything in this Act contained if any
20 difference arise between the Corporation and the County
Council touching this section or anything to be done or not
to be done thereunder such difference shall be determined by
arbitra\ion by an engineer to be agreed upon or failing agreement
to be appointed by the Board of Trade on the application
25 of either of the parties in difference and any difference
between the Corporation and the County Council under the
provisions of the Gasworks Clauses Act 1847 with respect to
the breaking up of streets for the purpose of laying pipes
shall be determined in like manner instead of in the manner
30 provided for by those provisions.
PART IV.-PoWER GAs.
36. (1) The Corporation may make produce or purchase and Supply of
may by agreement supply to any person within the gas limits at such power gas.
price as may be agreed between the Corporation and such person gas
35 (in this Act called "power gas") which shall not be required to
comply with the provisions of the Acts relating to the Corporation as
to the calorific power purity or pressure of the gas supplied by them
Sec. 30.
Mains for
power ga.a.
Conditions aa
to quality of
power gae.
20 Huddersfield Corporation Gas Act 1919.
and notwithstanding anything contained in any such Act the provisions
of sections 11, 12, 24 to- 34 36 and 37 of the Gasworks Clauses Act
1871 sh~ll not apply to the Corporation in respect of power gas nor
shall the provisions of the said Acts with rAspect to calorific power
purity or pressure as aforesaid and the testing thereof or with respect 5
to the price of gas be applicable (a) in respect of power gas supplied
by the Corporation or (b) to the Corporation in respect of power gas.
(2) Power gas shall be deemed to be gas within the meaning and
for the purposes of the section of this Act whereof the marginal note is
"Supply of gas in bulk" and may subject to the provisions of this part 10
of this Act be supplied for utilisation for any purpose other than
lighting.
(3) Nothing in this section shall deprive any person within the gas
limits of any right which he may possess under the Acts relating to
the Corporation of requiring a supply of gas of the calorific power 15
purity and pressure prescribed by those Acts or any enactment incorporated
therewith.
3 7. For the purposes of this part of this Act the Corporation may
lay down repair take up alter relay and renew mains pipes and
apparatus within the gas limits and the provisions of the Gasworks 20
Clauses Act 1847 with respect to the breaking up of streets for the
purpose of laying pipes and for the protection of pipes when laid shall
so far as applicable for the purposes of this section extend and apply
with the necessary alterations to and for such purposes.
38. (1) It shall not be lawful for the Corporation at any time to 25
supply power gas which does not possess a distinctive and readily
perceptible smell.
(2) For every contravention of this section the Corporation shall
be liable on summary conviction to a fine not exceeding fifty pounds. /,
(3) It shall be the duty of the inspectors of factories and the 30
inspectors of mines to enforce the provisions of this section within their
district so far as respects factories workshops and mines inspected by
them respectively and such inspectors shall for this purpose have all
powers and authorities conferred by section 119 of the Factory and
Workshop Act 1901 and by section 98 uf the Coal Mines Act 1911 and 35
section 17 of the Metalliferous Mines Regulation Act 1872 respectively :
lluddersfiel,d Corporation Gas Act 1919. 21
(4) Provided that no proceedings shall be taken against the
Corporation by any such inspector in respect of any contravention of
the provisions of this section discovered by him on au y inspection of a
factory workshop or mine unless he shall have given notice in writing
5 to the Corporation of such contravention and of the nature of the
contravention as soon as possible after he discovers the same. •
39. (1) The Secretary of State for the Home Department may Regulation• . . • . u to powo,r
from tune to time either before or after the Corporation sha11 have gas.
commenced to give a supply of power gas to consumers (after
10 holding such inquiries as he may think fit and considering any representations
made to him by the Corporation) make or impose in the
interests of the safety or health of persons regulations terms and
conditions with respect to such supply.
(2) The Corporation shall not under the powers of this Act supply
15 or continue to supply power gas otherwise than in accordance with any
.regulations and upon and subject to any terms and conditions which
shall have been so made or imposed and shall for the ti'me being be in
force:
(3) Provided that if in the opinion of the Corporation compliance
20 with any such regulations terms and conditions would render the supply
or continued supply of power gas by them unremunerative or impracticable
it shall be lawful for the Corporation upon giving to all consumers
of power gas supplied by them not less than three months' notice of
their intention so to do to discontinue such supply and in that event
25 the Corporation shall not be under any obligation to supply or to continue
to supply power gas to any person.
( 4) For every contravention of this section the Corporation shall
be liable on summary conviction to a fine not exceeding fifty pounds.
( 5) For the purpose of enforcing this section or for the purpose of
30 any inquiry by the said Secretary of State ther1mnder inspectors of
factories and inspectors of mines shall have such and the like powers
and authorities as are conferred by the enactments referred to in the
sectiou of this Act the marginal note whereof is "Conditions as to sec. ss.
quality of power gas."
35 40. Nothing in this Act contained shall exempt the Corporation Provision• aa to gener"l
from the provisions of any general Act relating to the manufacture or Act.11 relating to power gas.
supply of power gas passed before or after the passing of this Act or
ti-om any regulations which may be made under any such general Act.
Power to
borrow.
22 Huddersfield Corporation Gas Act 1919.
p ART V.--FINANCE.
41. (1) The Corporation may from time to time independently
· of any other borrowing power borrow at interest for the purposes
mentioned in the first column of the following table the respective
sums mentioned in the second column thereof and they shall pay off 5
all money so borrowed within the respective periods (each of which
is in this Act referred to as '' the prescribed period") mentioned in
the third column of the said table (namely):-
2 8
Purpose. Amount. Period for Repayment. 1 O
(a) For and in connection with
the purchase of the undertakmgs
of the Companies under
the scheduled agreements
the payment of any sums
payable to the Companies
their directors and officers
the payment of the costs
charges and expenses of the
Corporation of or connected
with the transfer and for the
redemption of the Longwood
Company's mortgages.
(b) For paying the costs charges
and expenses of this Act.
Such sums as
may be requisite.

The sum requisite.

Thirty-five years
from the day of
transfer
15
20
Five years from
the passing of 25
this Act.
(~) The Corporation may also with the consent of the Local
Government Board borrow such further money as may be necessary for any
of the purposes of this Act or of the gas undertaking of the Corporation.
Any money borrowed under this sub-section shall be repaid within 30
such period (in this Act referred to as "the prescribed period") as may
be prescribed by the said Board.
(3) In order to secure the repayment of any money borrowed
under this section and the payment of interest thereon the Corporation
may mortgage or charge the revenue of their gas undertaking and the 35
borough fund and the borough rate.
Huddersfield Corporation Gas Act 1919. 23
42. (1) The Corporation may by agreement with the holder of Redemption
of Longwood
any mortgage of the Longwood Company at any time substitute for the Company's
mortgage held by him any mortgage or other security of.the Corporation mortgages.
or pay off the amount secured by such mortgage and redeem the same
5 with money borrowed or raised under this Act and the holder of any
such mortgage whether or not he is a trustee or under any disability
may agree with the Corporation to accept any mortgage or other
security of the Corporation in lieu of money in consideration for the
amount secured by his mortgage.
Jo (2) Any security under this section substituted for any mortgage
shall be held in the same rights on the same trusts and subject to the
same powers provisions charges and liabilities as those in on or subject
to which the mortgage was held immediately before the substitution
and so as to give eflect to and not to revoke any deed will or other
15 instrument or testamentary or other disposition disposipg of or affecting
the mortgage and every such deed will instrument or disposition shall
take effect with reference to the whole or a proportionate part as the
case may be of the substituted security.
(3) The Corporation shall make provision for tlie redemption of the
20 Longwood Company's mortgages and of any mortgage or other security of
the Corporation substituted for the same by means ofa sinking fund to be
formed and maintained in accordance with the provisions of this Act so
far as applicable so as to redeem or to be in a position to redeem the
same within a period of thirty-five years from the day of transfer and if
25 at the end of that period the said mortgages are not wholly redeemed
then the Corporation shall so long as they are liable to pay interest
thereon apply in or towards payment thereof the annual income arising
fi·om the said sinking fund.
48. The following provisions sha.11 (with the necessary moditica- App_lication or
30 tions and subject to the provisions of this Act) extend and apply =~~:; 1cts
mutat1s . mutand1s . b d d h" { l ) aa to borrow- to the moneys orrowe un er t 1s Act name y :-· ing.
Of the Huddersfield TramwayB and Improvement Act 1890.
Section 35.-(Sinking funds may be adjusted in certain events);
Section 38.-(Annual return to Local Government Board with
35 respect to sinking funds &c.) ;
Section 40.-(Application of moneys borrowed).
Rat.e of
accumulation
of payments
to aiakiag
fund.
Power to
re-borrow.
24 Hud,dersfteld Corporation Gas .Act 1919.
Of the Act of 1897.
Section 40.-{As to sinking fund);
Section 42.-(Corporation not to regard trusts).
Of the Act of 1900.
Section 59.-(As to moneys raised by Corporation stock);
Section 63.-(Protection of lenders from inquiry);
Section 66.-{Audit of accounts) ;
Section 67.-(Inquiries by and expenses of Local Government
Board).
Of the Act of 1902 . . Section 47.-(Provisions as to mortgages).
Of the Act of 1906.
Section 76.-(Mode of payment off of money borrowed).
Of the Act of 1913.
5
10
Section 97.-(Certain prov1s10ns of Public Health Acts as to 15
borrowing not to apply).
44. Where under the provisions of any Act of Parliament or of
any order confirmed by or having the effect of an Act of Parliament or
of any order made under any such Act or order the Corporation are
empowered or required to form a sinking fund for the payment off of 20
money borrowed then if the sinking fund is an accumulating sinking
fund the rate for the investment of the fund on which the amount of
the annual payments to the fund is based shall be three pounds ten
shillings per centum per annum or such other rate as the Local
Government Board may from time to time approve. 25
45. {l) The Corporation shall ha.ve power(a)
to borrow for the purpose of paying off any moneys previously
Huddersfield Corporation Gas Act 1919. 25
borrowed under any statutory borrowing power which are
intended to be forthwith repaid; or
(b) to borrow in order to replace moneys which during the
previous twelve months have been temporarily applied from
5 other funds of the Corporation in repaying moneys previously
borrowed under any statutory borrowing power and which at
the time of such repayment it was intended to replace by
borrowed moneys.
(2) Any moneys borrowed under this section shall for the purposes
10 of repayment be deemed to form part of the originarloan and shall be
repaid within that portion of the period prescribed for the repayment
of that loan which remains unexpired and the provisions which are for
the time being applicable to the original loan shall ~pply to the moneys
borrowed under this section.
15 (3) The Corporation shall not have power to borrow for the
purpose of making any payment to a sinking fund or of paying any
instalment or making any annual payment which has or may become
due in respect of borrowed moneys.
( 4) The Corporation shall not have power to borrow in order to
20 replace any moneys previously borrowed which have been repaid(a)
by instalments or annual payments; or
(b) by means of a sinking fund; or
(c) out of moneys derived from the sale of land; or
(d) out of any capital moneys properly applicable to the purpose of
25 the repayment other than moneys borrowed for that purpose.
30
(5) The following provisions are hereby repealed but without
prejudice to anything done or suffered to be done thereunder respectively
(namely):-
Section 369 of the Act of 1871;
Section 131 of the Act of 1876;
Section 33 of the Huddersfield Tramways and Improvement
Act 1890;
Section 42 of the Huddersfield Corporation Waterworks Act
"1890;
Section 77 of the Act of 1906 ;
:Expenses of
execution
of Act.
Application of
eection 265 of
the Public
Health Act
18i5.
lucorpomtion
of certain
sections of
recited Acts.
26 Huddersfield Corporation Gas Act 1919.
And the provision of any other Act so far as it applies to the
money borrowed thereunder the provisions of any of the sections
repealed by this sub-section.
(6) Ji.,or the purposes of this section the expression" statutory borrowing
power" means any power whether or not coupled with a duty of 5
borrowing or continuing on loan or re-borrowing money or of redeeming
or paying off or creating or continuing payment of or in respect of any
annuity rent-charge rent or other security representing or granted in
lieu of consideration money for the time being existing under any Act
of Parliament public or local passed or to be passed or under any 10
provisional order confirmed by Act of Parliament passed or to be
passed or under any order or sanction of any Government Department
made or given or to be made or given by authority of any Act of
Parliament passed or to be passed.
46. Any expenses of the execution by the Corporation of this 15
Act with respect to which no other provision is made may be defrayed
by the Corporation out of the revenue of their gas undertaking or out
of the borough fund.
47. Section 265 (Protection of local authority and their officers
from personal liability) of the Public Health Act 187 5 shall extend and 20
apply to the purposes of this Act and of the gas undertaking of the
Corporation as if the same were re-enacted herein.
48. The following provisions are incorporated with this Act and
shall apply as if the same with the necessary modifications were set
out in this Act (namely):- 25
Of the Act of 1902.
Section 56.-(Authentication and service of notices);
Section 58.-(Informations by whom to Le laid);
Section 61.-(Recovery of penalties &c).
Of the Act of 1906.
Section 34.-(Temporary stoppage of streets);
Section 79.-{As to rating of railways for certain purposes) ;
Section 87.-(Powers of Act cumulative);
Of the Act of 1913.
Section 107 .-(Judges not disqualified).
30
85
Huddersfield Corporation Gas Act 1919. 27
49. The costs charges and expenses preliminary to and of and Costs of Ac\.
incidental to the preparing obtaining and passing of this Act as taxed
by the taxing officer of the House of Lords or of the House of
Commons shall be paid by the Corporation out of the revenue of their
5 gas undertaking or out of the borough fund or out of the money to be
borrowed under this Act for the purpose.
Seo. I.
28 Huddersfield Corporation Gas Act 1919.
THE SCHEDULES.
THE FIRST SCHEDULE.
H\lddersfield Burial Ground Act 1852.
Huddersfield Gas Act 1861.
Huddersfield Water Act 1869.
Huddersfield Waterworks Act 1871.
Huddersfield Improvement Act 1871.
Huddersfield Waterworks and Improvement Act 1876.
Huddersfield Improvement Act 1880.
Huddersfield Corporation Act 1882.
Huddersfield Tramways and Improvement Act 1890.
Huddersfield Corporation Waterworks Act 1890.
Huddersfield Electric Lighting Order 1890 (confirmed by the Electric Lighting
Orders Confirmation (No. 3) Act 1890).
Borough of Huddersfield Order 1890 (confirmed by the Local Government Board's
Provisional Orders Confirmation (No. 15) Act 1890).
Huddersfield Waterworks Tramroad Act 1894;
Huddersfield Waterwork!! Act 1896.
Huddersfield Electric Lighting Order 1896 (confirmed by the Electric Lighting
Orders Confirmation (No. 1) Act 1896).
Huddersfield Corporation Tramways Order 1897 (confirmed by the Tramways
Orders Confirmation (No. 2) .Act 1897).
Huddersfield Corporation Act 1897.
Huddersfield Corporation Tramway Order 1898 (confirmed by the Tramways
Orders Confirmation (No. 2) Act 1898).
Huddersfield· Corporation Tramways Order 1900 (confirmed by the Tramways
Orders Confirmation (No. 1) Act 1900).
Huddersfield Corporation Tramways Act 1900.
Huddersfield Corporation Act 1902.
Huddersfield (Extension to Linthwaite) Electric Lighting Order 1903 (confirmed
by the Electric Lighting Orders Confirmation (No. 6) Act 1903)
Huddersfield Corporation Tramways Order 1903 (confirmed by the Tramways
Orders Confirmation (No. 1) Act 1903).
Huddersfield Corporation Act 1902 Amendment Act 1904.
H11,ddersfield Corporation Gas Act 1919. 29
Huddersfield (Extension to Golcar) Electric Lighting Order 1904 (confirmed by the
Electric Lighting Orders Confirmation (No. 3) Act 1904) ..
Huddersfield Corporation Act 1906.
Huddersfield Corporation Tramway Order 1907 (confirmed by the Tramways Orders
Confirmation Act 1907).
Huddersfield Water Act 1908.
Huddersfield Corporation Tramways Order 1910 (confirmed by the Tramways
Orders Confirmation Act 1910).
Huddersfield (Extension to South Crosland) Electric Lighting Order 1910 (confirmed
by the Electric Lighting Orders Confirmation (No. 1) Act 1910).
Huddersfield Order 1912 and Huddersfield Order (No. 2) 1912 (confirmed by the
Local Government Board's Provisional Orders Confirmation (No. 4) Act 1912).
Huddersfield Corporation Act 1913.
Huddersfield Order 1914 (confirmed by the Local Government Board's Provisional
Orders Confirmation (No. 6) Act 1914.
Huddersfield Order 1915 (confirmed by the Local Government Board's Provisional
Orders Confirmation (No. 2) Act 1915).
sec.·_,.
30 Hudd,ers.field Corporation Gas Act 1919.
THE SECOND SCHEDULE.
AGREEMENT WITH LoNGWOOJ) COMPANY.
AN AGREEMENT made the sixteenth day of December one thousand nine
hundred and eighteen BETWEEN THE LoNGWOOD & SLAITHWAITE GAS
COMPANY (hereinafter called "the Company") of the one part and THE MAYOR
ALDERMEN AND BURGESSES OF THE BOROUGH OF HUDDERSFIELD (hereinafter called
" the Corporation ") of the other part :
WHEREAS the Company was incorporated by and is now regulated by the
following Acts of Parliament so far as the same are now subsisting namely the
Longwood Gas Act 1875 the Slaithwaite Gas Act 1876 the Longwood Gas Act 1902
and the Longwoocl and Slaithwaite Gas Act 1914 and the Acts incorporated therewith
respectively and the issued capital of the Company consists of eighteen
thousand one hundred pounds Consolidated Preference Stock entitled to a preferential
dividend of four pounds per cent. per annum and one hundred thousand
four hundred pounds Consolidated Ordinary Stock entitled to a standard dividend
of five pounds per cent. per annum but subject to increase or decrease according
as the price charged by the Company for gas supplied is below or aboTe the
standard price and the Company has borrowed by the creation of mortgage bonds
and otherwise moneys amounting in the aggregate to forty-nine thousand four
hundred and twenty pounds :
Now IT IS HEREBY AGREED by and between the parties hereto as follows :-
1. The Company shall sell and the Corporation shall purchase at the price
hereinafter mentioned all and singular the lands buildings chattels effects book debts
real and personal property assets rights powers privileges liberties and authorities
and all other the undertaking of the C'.ompany as existing on the thirtieth day of
June one thousand nine hundred and eighteen (which without derogating from the
generality of this description includes the lands described in the schedule hereto)
subject to the said loan debt of forty-nine thousand four hundred and twenty pounds
and the interest thereon and to the payment and discharge by the Corporation of
all the debts _liabilities and obligations of the Company (other than those in respect
of amounts due to its stockholders on account of their holdings) as on the date
aforesaid.
2. The price to be paid by the Corporation to the Company shall be the sum
of one hundred and seventeen thousand five hundred and ninety-five pounds arrived
at as follows namely-seventeen thousand one hundred and ninety-five pounds
represents eighteen thou..~and one hundred pounds Consolidated Preference Sto~k of
the Company at the rate of ninety-five pounds for every one hundred pounds of stock
and one hundred thousand four hundred pounds represents one hundred thousand
four hundred pounds Consolidated Ordinary Stock at the rate of one hundred pounds
Huddersfield Corporation Gas A.et 191.9. 31
for every one hundred pounds of stock and in addition the Corporation shall ( subject
to clause 11 hereof) pay to. the Company interest on the said sum of eighteen
thousand one hundred pounds at the rate of fom pound11 per cent. per annum and
on the said sum of one hundred thouaand four hundred pounds at the rate of five
pounds per cent. per annum calculated in each case from the thirtieth day of June
one thousand nine hundred and eighteen up to the day of transfer and the said
purchase price and interest when received by the Company shall (without any
responsibility on the part of the Corporation and as a matter between the Company
and its stockholders) be distributed and paid by the Company between and to the
respective holders of the said stocks whose names appear on the Company's books
as the registered holders thereofon the day of transfer and the said sum of seventeen
thousand one hundred and ninety-five pounds and the interest on the said sum of
eighteen thousand one hundred pounds and all other (if any) interest payable
thereon under these presents shall be go distributed and paid to the registered
holders of the said Consolidated Preference Stock in proportion to their respective
holdings and the said sum of one hundred thousand four hundred pounds and the
interest thereon and all other (if any) interest payable thereon under these presents
shall be so distributed and paid to the registered holders of the said Consolidated
. Ordinary Stock in proportion to their respective holdings.
3. The Corporation shall pay satisfy and discharge all the debts liabilities and
-obligations of thA Company subject to which the undertaking is sold and transferred
and at all times keep the Company indemnified tberefrom.
4. The said purchase. price and interest shall be paid by the Corporation on
the next quarter day which shall follow the expiration of thirty days after the
date wht>n the bill hereinafter mentioned shall have received the Royal Assent
and the date so fixed is herein referred to as the day of transfer: Provided that if
the ~anction of any government authority shall be required for the raising by the
Corporation of a loan for the payment of such price such price shall. not be payable
until the expiration of three calendar months from the date on which such sanction
is obtained but the Corporation shall nevertheless be entitled to possession of the
undertaking and the same shall be transferred to them on the day of transfer.
All interest payable by the Corporation as aforesaid shall be paid on the day of
transfer and if the purchase price shall not be paid on that day the Corporation
shall as from that day until paymt>nt of the purchase price pay interest on the
said sums of eighteen thomand one hundred pounds and one hundred thousand
four hundred pounds at the respective rates hereinbefore mentioned and such
interest shall be paid half-yearly on the thirtieth day of June and the thirty-first day
of December in every year. The Corporation shall immediately after the bill
hereinafter mentioned has been read a third time in the second House take all
necessary steps and use due diligence to obtain any and every such sanction as
afort>said.
5. If the said sale and purchase hereby agreed upon shall take effect
the same shall so take effect as and from the thirtieth day of June one thousand nine
hundred and eighteen as from which date up to the day of transfer thP- business
32 Huddersfield Corporation Gas A.et 1919.
and undertaking of the Company shall be deemed to have been managed and
carried on and shall be managed and carried on by the Company in the ordinary
course of business for and on behalf of the Corporation and accordingly all moneys
received and paid by the Company after the said thirtieth day of June one
thousand nine hundred and eighteen shall (subject as herein provided) be deemed
to be received and paid for and on account of the Corporation and the Corporation
shall pay and discharge and indemnify the Company against all expenses liabilities
and engagements of the Company heretofore or hereafter incurred or entered
into by the Company for the purposes of or in the course of so carrying on the
said busi~ess and undertaking from the date aforesaid. The respective remttnerations
of the directors and of the secretary and engineer of the Company
apportioned up to the day of transfer shall be paid to them respectively up to that
day on the same basis as heretofore and the payment thereof shall be treated as an
expense of carrying on the said business and undertaking of the Company.
6. In addition to the mid purchase price the Corporation shall on the payment
thereof pay the following sums to the persons following as comp.,nsation for loss of
office namely to the persons who shall be the directors of the. Company on the day
of transfer the sum of four hundred and eighty pounds to be divided equally
between them and to John Henry Brearley (the secretary and engineer of the
Company) if he shall be living on the thirty-first day of July one thousand nine
hundred and nineteen the sum of four thousand pounds together with interest on
those sums at the rate of five per cent per annum from the day of transfer
until the payment thereof such interest to be paid half-yearly anq. the Corporation
shall also as from the day of transfer pay to Mary Jane Furness (a pensioner of
the Company) the sum of one pound one shilling per week during her widowhood
7. No compensation shall be allowed on either side in case of any error misstatement
or omission with regard to quantity or otherwise in the said schedule
hereto.
8. The Corporation shall pay for the stamping of these presents and shall also
pay to the Company on the day of transfer all its reasonable costs and expenses of
or for or incidental to the preparation and completion of these presents and a
duplicate thereof and the carrying of the same into effect according to Schedule II
of the General Order under the Solicitors' Remuneration Act 1881 and its reasonable
costs and expenses in connection with the said bill.
9. As and from the date hereof the Company shall not without the consent of
the Corporation make any capital outlay except to complete works in progress and
for the period from that date until the day of transfer the management of the
undertaking (including the making of contracts for the purchase of coal and other
materials and things and the fixing of the price of gas) shall so far as reasonably
possible be carried on by the Company subject to such reasonable directions aa
may from time to time be given by the Corporation having regard to their interest
Ullder this agreement. During that period the Company shall not make any
payment to aoy director or to the secretary and engineer beyond their remunera-
Huddersfield Corporation Ga& Act 1919. 33
tion salary or wages at the rates on the said thirtieth day of June one thousand
nine hundred and eighteen. As and from the date hereof the Corporation Gas
Engineer and any other officer of the Corporation nominated by them for the
purpose shall as an act of grace have access at all reasonable times to the works
offices.and books of the Company who shall give to him or them such information
and assistance from time to time as may be reasonably required.
10. The Company shall on the day of transfer give possession to the Corporation
of all the premises hereby agreed to be sold together with all the deeds books and
documents of the Company but until its winding up has been completed the
Company shall have access to such books as contain _the records of the proceedings
of the directors and stockholders of the Company or affect or relate only to the
stockholders.
11. 1'he dividends paid by the Company on the said issued capital of the Company
(both Preference and Ordinary) up to the thirtieth day of June one thousand nine
hundred and eighteen (although made after that date) shall be treated as having
been paid on that date and prior to the date as from which the said sale and
purchase takes effect and the Company shall not account therefor and the Company
shall be at liberty to declare and pay to the respective stockholders dividends on
their holdings ( either by way of interim dividend or otherwise) for any half-year
or year after the date hereof and prior to the day of tramfer but so that any
dividends so hereafter declared and paid on the said Consolidated Ordinary Stock
shall not exceed the authorized rate having regard to the price charged for gas and
the Statutory Undertakings (Temporary Increase cf Charges) Act 1918 and that
the interest payable under clause 2 hereof shall be reduced by the amount of any
dividends so hereafter declared and paid whether in respect of the preference or
ordinary stock and the balance only of such interest be payable to the respective
stockholders.
12. ~very person except the secretary and engineer of the Company who
on the day of transfer is employed by the Company shall be taken over by the
Corporation on the same terms and conditions as he may be employed by the
Company unless he shall at least fourteen days before the day of transfer give notice
in writing to the Corporation that he is unwilling to enter into their employment. ,
13. The Corporation shall promote and use its best endeavours to procure the
passing in the next Session of Parliament of a bill with such clauses as may be
necessary to carry this agreement into effect and to obtain the dissolution of the
Company and the Company shall at the request of the Corporation aid and assist
the Corporation in procuring the passing of such bill and so far as the Corporation
may reasonably require will by its officers and servants support the bill by evidence
or as the circumstances may require.
14. This agreement is subject to the approval of Parliament and to the
procuring of the said bill to be passed as an Act of Parliament as before mentioned
and is subject to such alterations as Parliament may make therein but in the event
-of Parliament making any material alteration in this agreement it shall be in the
34 Huddersfield CorporaJ,ion Gas Act 1919.
option of either party by notice in writing given to the other of them before the
said bill is read the third time in the second House to cancel the sale and purchase
hereby agreed upon and in such event such sale and purchase shall be at an end
and this agreement shall have no effect.
15. If the bill to be promoted by the Corporation as aforesaid be not passed
by Parliament in the year one thousand nine hundred and nineteen the sale and
purchase hereby agreed upon and this agreement shall (subject as hereafter
mentioned) be at an end : Provided that if the said bill shall be proceecied with in
the year one thousand nine hundred and nineteen and carried forward by Parliament
to the next succeeding ~ession the said sale and purchase and this agreement shall
not come to an end unless the said bill be not passed by Parliament in the year one
thousand nine hundred and twenty.
16. If any question difference or dispute shall arise with reference to this
agreement or the constructon thereof or as to anything herein contained or as to
the rights liabilities or duties of either the Company or the Corporation hereunder
the same shall be referred to a sole arbitrator to be agreed upon between them or
in default of such agreement to be appointed on the request of either party by the
Local Government Board and the award of such arbitrator shall be final and binding
on the parties and any such reference shall be deemed to be an arbitration within
the Arbitration Act 1889 or any statutory modification or re-enactment thereof
for the time being in force the provisions whereof shall apply so far as applicable.
IN WITNF.SS whereof the respective common seals of the parties have been
hereunto affixed the day and year first before written.
THE SCHEDULE BEFORE REFERRED TO.
1. ALL that piece of land situate in Longwood in Huddersfield in the County
of York containing an area of one acre one rood and thirty perches .(more or less)
and bounded on or towards the north by an occupation road leading from Cliffe
End Mills to Longwood Station on or towards the west by property belonging to
Hirst and Mallin!!on Limited on or towards the south and south-west by a public
highway called Dale Street leading from Longwood to Milnsbridge and on or
towards the south and south-ea&t by another highway leading from Milnsbridge to
Huddersfield. Together with the gasworks offices and buildings erected thereon
held on lease from Sir Joseph Radcliffe for nine hundred and ninety-nine years
from the first day of November one thousand eight hundred and fifty-nine at the
yearly rent of Thirty-seven pounds.
Also a right of way over the said occupation road granted for the said term of
nine hundred and ninety-nine years by an indenture dated the twenty-fourth
day of April one thousand eight hundred and seventy-eight and made between
Sir Joseph Percival Pickford Radcliffe of the first part William Edwards Hirst
Huddersfield Corporation Gas Act 1919. 35
Benjamin Hanson Henry Hanson and Benjamin Byram Hanson of the second part
and the Longwood Gas Company of the third part.
ALSO a right to make and use an underground passage under part of the said
occupation road granted and demised for the residue of the 11aid term of nine
hundred and ninety-nine years at the yearly rent of one shilling by an indenture
dated the twenty-first day of June one thousand nine hundred and six and made
between Sir Joseph Percival Pickford Radcliffe of the first part Stead Hirst and
Alexander Mallin.son of the second pa.rt and the Longwood Gas Company of the
third part.
2. ALL THAT piece of ground situate in the township of Golcar in the parish
of Huddersfield aforesaid bounded on the north-ea..'!t by Dale Street on the south
by Royd Street and on the north-west by Dale Street Mills and containing an area
of two roods seventeen perches (more or less) AND all that piece of ground situate
in the township of Golcar aforesaid and lying to the south-east of the piece of
ground last describf.d and bounded on the north and north-east by Dale Street on
the south by the l\Iilnsbridge Viaduct of the London & North Western Railway
and on the west by a street called Crow Lane (formerly known as Viaduct Street)
containing an area of three acres and thirty-six perches (more or less) with the
several dwelling houses gasworks and other buildings erected thereon held on lease
for a term of nine hundred and ninety-nine years from the twenty-fifth day of
December one thousand eight hundred and sixty-six atan apportioned yearly ground
rent of sixty pounds.
3. All that piece of ground situate at or near to Mill Row (otherwise Miln
Row) in Golcar aforesaid containing an area of two acres and sixteen perches (more or
less) bounded on the north by the said Viaduct belonging to the London & North
Western Railway Company on the south in part by the centre of a road or street
called Savile Street and in other part by property of C. & J. Hirst & Sons Limited
on the east by property of C. & J. Hirst & Sons Limited and on the west
by Crow Lane together with the gasworks and buildings therP.on erected held
on lease for nine hundred and ninety-nine years from thP. twenty-fifth day of
December one thousand eight hundred and seventy-four at an apportioned yearly
ground rent of sixty-six pounds twelve shillings and threepence subject as to the
parts following of the said last meptioned piece of ground to the following underleases
which have been granted thereof namely:-
(a) Five hundred and eighty five square yards situate on the south side of
Crow Lane (formerly Viaduct Street) is sub-leased to John Firth and
William John Firth for a term of nine hundred and ninety nine years
(less one day) from the twenty fifth day of December one thousand eight
hundred and seventy-four at a yearly rent of seven pounds six shillings and
three pence.
(b) Seven hundred and twenty nine square yards situate on the east side of
Crow Lane is sub-leased to George Haigh for a term of nine hundred and
ninety-nine years (less one day) from the twenty fifth day of December
36 Huddersfield Corp<Y1'ation Gas Act 1919.
one thousand eight hundred and seventy-four at a yearly rent of seven
pounds eleven shillings and ten pence ;
(c) Six hundred and ninety-nine square yards on the north side of Savile
Street is sub-leased to George Haigh for a term of nine hundred and
ninety-nine year;, (less one day) from the twenty-fifth day of December
one thousand eight hundred and seventy-four at a yearly rent of eight
pounds fourteen shillings and nine pence ; and
( d) Six hundred and fifty-five square yards on the north side of Savile Street
is sub-leased to Buckley Hanson Joe Hanson and Robert Hanson for a
term of nine hundred and ninety-nine yea.rs (less one day) from the
twenty-fifth day of December one thousand eight hundred and seventyfour
at a yearly rent of eight pounds three shillings and nine pence.
4. ALL THAT plot of land situate in Manchester Road and Morley Lane
Milnsbridge in Linthwaite in the parish of Almondbury in the said county of York
eonta.ining an area of four hundred and thirty-two square yards (more or less)
bounded on the east by land now or late of George Herbert Metrick on the southwest
by the Manchester Road on the north-west in part by property now or late of
Sir Joseph Edward Radcliffe and in remaining part by Morley Lane with the
dwelling-house erected thereon in the occupation of Mr. J. H. Brearley the secretary
of the Company held on sub-lease for a term of nine hundred and seventy-four
years from the thirtieth day of September one thousand eight hundred and ninetynine
at a yearly rent of four pounds and five pence.
5. ALL THAT plot of land situate in Market Street Milnsbridge in Golcar
aforesaid containing an area of three. hundred and five square yards (more or less)
bounded on the east by Market Street on the south by property now or late of John
Beaumont on the west by Lipscomb Street and on the north by property now or
late of David Whitwam with the shop or dwelling-house thereon erected and occupied
by the Company as showroom and for stores held on sub-lease for nine
hundred and ninety-nine years (less one day) from the twenty-fifth day of December
one thousand eight hundred and seventy-four at a yearly rent of seven pounds
twelve shillings and sixpence.
6. THE interior of arches numbered three to sixteEm inclusive under the
London & North Wesh•rn Railway Company's viaduct in Golcar aforesaid between
Crow Lane and .Market Street with two strips of land at the north and south
sides of the said arches respectively held on lease from the London & North
Western Railway Company for fourteen years from the first day of November
one thousand nine hundred and fifteen at a yearly rent of forty-five pounds.
THE lands before mentioned are subject to the reservations covenants and
conditions contained in the several leases thereof and as to parts thereof are subject
to the reservations co,·enants and conditions contained in the assignment thereof
to the Company.
H'U<ldersfield Corporation Gas Act 1919. 37
7. ALL THAT plot of land with the gas holder thereon erected situate in Bridge
Street Slaithwaite in the said county of York containing an area of one thousand
one hundred and thirty-five square yards (more or less) bounded on the east by
property of the Slaithwaite Spinning Company Limited on the south by Bridge
Street and on the west and north by property of the Globe Worsted Company
Limited.
8. ALL THAT plot of land situate in Bridge Street Slaithwaite afore1&id with
the gas holder and buildings thereon erected containing an area of one thousand
eight hundred and seven square yards (more or less) and bounded on the east and
north by Bridge Street and on all other sides by property of Messrs. Pogson &
Company.
The two plots of land last described are subject to certain reservations contained
in the conveyances thereof and to a covenant contained in one of them.
The Common Seal of the Longwood and Slaithwaite
Gas Company was hereunto affixed in the
presence of

WM. CROWTHER, Chafrman.
JNO. HY. BREARLEY, Secretary.
The Common Seal of the Mayor Aldermen and
Burgesses of the borough of Huddersfield
was hereunto affixed in the presence of
CARMI SMITH, Maycw.
J. HENRY FIELD, Town Clerk.
Sec.,.
38 Huddersfield Corporation Gas Act 1919.
THE THIRD SCHEDULE.
AGREEMENT WITH KIRKHEATON Coa&PANY..
AN AGREEMENT made the sixteenth day of December One thousand nine
hundred and eighteen BETWEEN THE KlRKHEATON DALTON AND LEPTON GAS
COMPANY (hereinafter called "the Company ") of the one part and THE llA.YOR
.ALDERMEN AND BURGESSES OF THE BOROUGH OF HUDDERSFIELJ) (hereinafter called
"the Corporation ") of the other part :
WHEREAS the Company was incorporated by and is now regulated by the
Kirkbeaton Dalton and Lepton Gas Act 1887 and the Acts incorporated therewith
and the capital of the Company consists of six thousand pounds capital stock
and its pret1ent liabilities amount to one thousand four hundred and twenty-four
pounds:
Now IT IS HEREBY. PR0VISION.iLLY AGREED by and between the parties hereto
as follows :-
1. The Company shall sell and the CorpQration shall purchase at the price of
six thousand six hundred pounds all and singular the lands (including the lands
described in the schedule hereto) buildings chattels effects real and personal
property assets rights powers privileges liberties and authorities and all other the
undertaking of the Company as existing on the first July nineteen hundred and
nineteen with the exception of the accounts then owing to the Company freed and
discharged from and sufficiently indemnified by the Company against all debts and
liabilities of the Company of every description including all liability to the holders
of the said capital stock but excepting the liability of the Company as from the
first·July nineteen hundred and nineteen to supply gas and lanterns in the urban
district of Lepton under agreements between the Company and the Lepton Urban
District Council dated.respectively the eleventh July nineteen hundred and twelve
the eighteenth December nineteen hundred and thirteen and the thirty-first
December nineteen hundred and fifteen and excepting the liability of the Company
as from the first July nineteen hundrerl and nineteen under a contract dated
October fourth nineteen hundred and eighteen between the Company and
Georg.e l\Iallinson and Sons Kirkheaton for the sale by the Company to
the said George l\Iallinwn & Sons of all the tar and ammoniacal liquor
which may be produced at the Company's works during the two years ending
December thirty-first nineteen hundred and twenty and the Corporation will
indemnify the Company against all liability under such agreements and contract
as from the day of transfer hereinafter referred to and the Corporation shall
be entitled to the benefit of such agreements and contract as from that date.
2. The said purchase price shall be paid by the Corporation on the next
quarter day which shall follow the expiration of thirty days after the date when
the hill hereinafter mentioned shall have received the Royal Assent and the date
• Huddersfield Corporation ()as Act 1919. 39
so fixed is herein referred to as the day of transfer : Provided that if the sanction
of any Government authority shall be required for the raising by the Corporation
of a loan for the payment of such price such price shall not be payable until the
expiration of three calendar months from the date on which such sanction is obtained
but the Corporation shall nevertheless be entitled to possession of the undertaking
and the same shall be transferred to them on the day of transfer. If the purchase
price shall not be paid on the day of transfer the Corporation shall as from that
day until payment of the purchase price pay interest on the said sum of six
thousand six hundred pounds at the rate of £5 per cent. per annum and such
interest shall be paid half-yeariy on the thirtieth day of June and the thirty-first
day of December in every year.
3. If the said sale and purchase hereby agreed upon shall take effect the same
shall so take effect as and from the first day of July nineteen hundred and nineteen
up to which date the Company shall discharge and sufficiently indemnify
the Corporation against all its debts and liabilities of every description ::;ave as aforesaid
including all liability to the holders of the said capital stock and shall be entitled
to receive and retain all accounts then owing to the Company. As from that date up to
the day of transfer the business and undertaking of the Company shall be managed
and carried . on by the Company in the ordinary course of business for and on
behalf of the Corporation and accordingly all moneys received and paid by the
Company on or after the said first day of July nineteen hundred and nineteen
shall (subject as herein provided) be deemed to be received and paid for and on
account of the Corporation and the Corporation shall pay and discharge and
indemnify the Company against all expenses liabilities and engagements of the
Company incurred or entered into by the Company for the purposes of or in the
course of so carrying on the said business and undertaking on or after the said
first day of July nineteen hundred and nineteen.
4. All compensation (if any) due for loss of office to any director official servant
or other employee of the Company on or consequent on the transfer of their undertaking
to the Corporation shall be paid by the Company and the Corporation shall
be free from all liability therefor.
5. As and from the date hereof the Company shall not without the consent of
the Corporation make any capital outlay and for the period from that date until
the day of transfer the management of the undertaking (including the making of
contracts for the purchase of .coal and other materials and thing11) shall be carried
on hy the Company subject to such directions as may from time to time be given by
the Corporation having regard to their interest undn this agreement bnt no alteration
shall be made in the present price of gas. As and from the first July nineteen
hundred and nineteen the Company shall not make any payment to any director
or to the manager secretary engineer or other officer of the Company beyond their
present remuneration salary or wages and shall not declare or pay any dividend.
As and from the date hereof the Corporation gas engineer anrl any other officer of
the Corporation nominated by them for the purpose shall have access at all reawn-
40 Hudd,ersfield Corporation Gas Act 1919.
able times to the works offices and books of the Company who shall give to him or
them such information and assistance as regards the affairs of the Company from
time to time as may be reasonably required.
6. The Company shall on the day of transfer give possession to the Corporation
of all the premises hereby agreed to be sold together with all the deeds
books and documents of the Company but until its winding up has been completed
the Company shall have access to such books as contain the records of the proceedings
of the directors and stockholders of the Company or affect or relate only
to the stockholders.
7. The Corporation shall pay for the sta.mping of these presents and shall
also pay to the Company on the day of transfer all its reasonable costs and expenses
of or for the preparation and completion of these presents according to Schedule II
of the General Order under the Solicitors' Remuneration Act 1881 and its reasonable
costs and expenses in supporting the promotion of the said bill as mentioned
in Clause 8 of these presents.
8. The Corporation shall promote and use its best endeavours to procure
the pasfling in the next session of Parliament of a bill with such clauses as may
be necessary to carry this agreement into effect and to obtain the dissolution of
the Company and the Company shall at the request of the Corporation aid and
assist the Corporation in procuring the passing of such bill and so far as the
Corporation may reasonably require will by its officers and servants support the
bill by evidence or as the circumetances may require.
9. This agreement is subject to the approval of Parliament and to the procuring
of the said bill to be passed as an Act of Parliament as before mentioned
and is subject to such alterations as Parliament may make therein but in the event
of Parliament making any material alteration in this agreement it shall be in the
option of either party by notice in writing given to the other of them before the
said bill is read the third time in the second House to cancel the sale and purchase
hereby agreed upon and in such event such sale and purchase shall be at an end
and this agreement shall have no effect.
10. If the bill to be promoted by the Corporation as aforesaid be not passed
by Parliament in the year nineteen hundred and nineteen it shall (subject as after
mentioned) be in the option of either party by notice in writing given to the other
of them to cancel the sale and purchase hereby agreed upon and upon the service
of such notice the sale and purchase hereby agreed upon and this agreement shall
be at an end and have no effect: ~rovided that if the said bill shall be proceeded
with in the year nineteen hundred and nineteen and carried forward by Parliament
to th'e nt-xt succeeding session such notice as aforesaid shall not be given during
such session unless the bill shall be withdrawn or refused by either House.
11. If any question difference or dispute shall arise with reference to this
agreement or the construction thereof or as to anything herein contained or as to
the rights liabilities or duties of either the Company or the Corporation hereunder
Hudde7sfield Corporation Gas Act 1919. 41
the same shall be referred to a sole arbitrator to be agreed upon between them or
in default of such agreement to be appointed on the request of either party by the
Local Government Board and the award of such arbitrator shall be final and
binding on the parties and any such referPnce shall be deemed to be an arbitration
within the Arbitration Act 1889 or any statutory modification or re-enactment
thereof for t,he time being in force the provisions whereof shall apply so far as
applicable.
IN WITNESS whereof the respective common seals of the parties have been
hereunto affixed the day and year first before written.
THE SCHEDULE BEFORE REPERRBD TO.
ALL THAT plot of land situate in the township of Dalton in the parish of
Kirkheaton in the said county of York containing by admeasnrement 4204 square
yards or thereabouts bounded on the north-east by Crossley Lane on the southeast
by land now or late of Richard Hugh Cholmondeley on the north-west by land
now or late of Freoorick Learoyd and on the south-west by the centre of the Kirk
Ings Beck which said plot of land is delineated in the plan drawn on an indenture
of lease dated the second day of December eighteen hundred and eighty-six and
made between the said R H. ChoJmondeley of the first part Henry Frederick
Beaumont of the second part and the Kirkheaton Dalton & Lepton Gas Co. Ltd. of
the third part and thereon coloured pink AND ALSO all those gas works gasometers
retort and purifying homes and chimney and the dwelling bou.se offices and other
buildings now erected on the said plot of land TOGETHER with the rights and
subject to the reservations mentioned in the said indenture of lease All which
said premises are held for a term of nine hundred and ninety-nine years from the
first day of November eighteen hundred and eighty-six at the yearly rent of twentytwo
pounds five shilli~gs and sixpence'. · · · ·
The Common Seal of the Kirkheaton Dalton & "
Lepton Gas Company was hereunto affixed_ in.
the presence of
Ohafrman of Direcf,<Yfs, FRANK ROEBUCK.
Director, JOSEPH ROEBUCK.
&cretary, A. L. TY AS.
The Common Seal .o(.tl:i-~ l\;layor, Aldermet1i and_
. iurgeslles. of .the ~rough of H;ud.d,ersfield
"'-.s.hereuµto affiied 1~n tqe ,pre~~nc~ o{ .
J .. HENRY FIELh;.' ''
Town Clerk.
,, L:S.
S-.1, 10&1{.
For protection
of the London
and North
Western
Railway
Compauy.
42 Hudder.efi,eld Corporation Gas Act 1919.
THE FOURTH SCHEDULE.
ENACTMENTS SAVED FROM REPEAL.
THE ,LoNGWOOD GAS ACT 1875.
47. In laying down any mains and pipes or in executing any works under the
powers conferred by this Act acros11 or in any way affecting any railway or canal
belonging to or worked by the London and North Western Railway Company or
any of the hridges or works thereof or any lands or property belonging to or
occupied by that company the same shall be done under the superintendence and
to the reasonable satisfaction of the engineer of that company and according to
plans to be submitted to and reasonably approved by him before any such works
are commenced and such works 11hall be ~xecuted by and at the expense of the
Company and so as not to cause any injury 'to any such railway canal bridge8
works lands or property or interruption to the passage or conduct of traffic over
any such railway or at any station thereof or over any such canal and if any
injury shall arise to any such railway canal or bridges works lands or property or
interruption to such traffic the Company 11hall make satisfaction to that company
in respect of such injury or interruption.
THE SCHEDULE TO THE FOREGOING ACT.
1. THE EXISTING GAS LAND OF THE COMPANY.
All that piece or pa.reel of land in the several townships of Longwood and
Golcar in the parish of Huddersfield in the west riding of the county of York
containing in the whole one acre one rood and thirty perches or thereabouts and
bounded as follows : that is to say on or towards the north by an occupation road
leading from Cliffe End Mills to Longwood Station on or towards the west by
tenements ·now or late in lease to Messrs. Brook & Crossland on or towards the
sout.h and south-west by a public highway called Dale Street leadin~ from Longwood
to Milnsbridge and on or towards the south and south-east by another
highway leading from Milnsbridge to Huddersfield.
2. THE NEW GAS LAND.
All that piece or parcel of land situate at or near to Milnsbridge in the several
townships of Longwood and Golcar in the parish of Huddersfield in the west
riding of the county of York now belonging to or reputed to belong to Henry
~avile and now or late in the occupation of Benjamin Hanson William Edwards
Hirst Henry Hanson and Benjamin Byram Hanson and containing three acres
Hudderafield Corporation Ga, .Act 1919. 43
one rood and thirty-three perches or thereabouts and bounded on or towards the
north and east by the said public highway called Dale Street leading from Longwood
to Milnsbridge on or towards the west by an occupation road leading from
Mill Row in Oolcar in a north-westerly direction and on or towards the south by
the viaducts of the London and North Western Railway Company (Huddersfield
and Manchester section).
THE SLAI'I'BW•ITE GAS Acr 1876.
53. In laying down any mains and pipes or in executing any works under the !or~ll"Oi:~~=
powers conferred by this Act across or in any way affecting any railway or canal a.nd North . W•t.ern Railbelonging
wholly or partly to or worked by the London and North Western Railway way Company.
Company or any of the bridges or works thereof or any lands or property belonging
wholly or partly to or occupied by that company the same shall be done under the
· superintendence and to the reasonable satisfaction of the engineer of that company
and according to plans to be submitted to and reasonably approved by him before
any such works are commenced and such works shall be executed by and at the
expense of the Company and so as not to cause any injury to any such railway canal
bridges works lands or property or interruption to the passage or conduct of traffic
over any such railway or at any station thereof or over any such canal and if any
injury shall arise to any such railway canal or bridges works lands or property or
interruption to such traffic the Company shall make satisfaction to that company
in respect of such injury or interruption.
THE SCHEDULE TO THE FOREGOING Acr.
THE EXISTING OAS LANDS.
All that piece of land situate in the township of Slaithwaite and parish of
Huddersfield in the West Riding of the county of York containing in the whole
thrtie thousand seven hundred and ninety-nine square yards or thereabouts and
bounded on the south side thereof by the street or road leading from Bridge Street
to the Waterside .Mill and the Slaithwaite.Baths on the north side thereof by the
Huddersfield and Manchester Canal on the east side thereof by the land hereinafter
described and recently purchased by the Limited Company and on the west side
thereof by fields the property or reputed property of the Earl of Dartmouth now
or lately occupied by James Vardey.
THE RECENTLY PURCHASED OAS LA!'iDS.
All that piece of land situate in the said township of Slaithwaite and pari!!h
of Huddersfield in the West Riding of the county of York containing in the whole
one thousand six hundred and ninety-five square yards or. thereabouts and bounded
on the south side thereof by the said street or road leading from Bridge Street to
4:4 Huddersfieul, Corporah·on Gas Act 1919.
the Wateri;:ide Mill and the Slaithwaite Baths on the north side thereof by the
~d canal on the east side thereof by land belonging or reputed -to belong to the
said Earl of Dartmouth and on the west side thereof by the existing gas lands
hereinbefore described.
THE LoNGWOOD GAS ACT 1902.
THE SCHEDULE.
PART I.
Lands containing two acres and sixteen perches or thereabouts in the township
of Golcar 'in the parish of Huddersfield and West Riding of the county of York on
which the existing gasworks of the Colne Vale Gas Drysaltery and Manufacturing
Company Limited stand adjoining and on the southern side of the railway of the
London and North Western Railway Company and lying between that railway
and Saville Street Longwood and bounded on the west by Crow Lane and -0n tha
east by other property of the said limited company.
PART II.
Certain lands containing two roods and seventeen perches or thereabouts in
the said township of Golcar bounded on the ell.St by Dale Street on the south and
south-west by Royd Street and on the north-west by the property known as Dale
Street Mills.
THE KIRKHEA.TON DALTON A.ND LEPTON GAS ACT 1887.
For the 7. In laying down or executing or in affecting the repairs or renewals of any protection of · the London mains pipes or other works of the Company upon across over under or in any way
;~si~~~d affecting the railways works lands or property now or hereafter belonging to or
LanCAAhire used by the London and North Western Railway Company or the Lancashire and
and Yorkahire · Railway Yorkshire Railway Company (in this section referred to as '' the railway companies")
Companies either separately or jointly or the bridges approaches viaducts stations or other
works of the railway companies or either of them the same shall be done under the
superintendence and to the reasonable satisfaction of the principal engineer or one
of the principal engineers for the time being of the railway companies or railway
company as the case may be and only according to such plans and in such manner
as shall be previously submitted to and reasonably approved by such engineer and
by and at the expense in all things of the Company who also shall restore and
make good the roads over any bridges and approaches which the railway
companies or either of them are or may be liable to maintain and which may
be disturbed or interfered with by or owing to any works or operations of the
Company and all such works and operations and all matters incidental thereto shall
be constructed executed and done 110 as not to cause any injury to such railways
bridge.s approaches viaducts stations works lands or property or any int.erruption
to the passage or conduct of traffic over such railways or any station thereon and if
]Judders.field Corporation (}as Act 1919. 45
any such injury or interruption shall arise from or be in any way owing to any of
the works operations matters and things aforesaid or the bursting leakage or failure
of any mains pipe or culvert in under or near to any bridge or level crossing the
Company shall make compensation to the railway companies or railway company in
'respect thereof the amount of suGh compensation together with full costs to be
recovered by 0
the railway companies or railway company from the Company by all
and thA same means as any simple contract debt of like amount is recoverable. In
case of any difference arising between the Company and such engineer as to any
plans or the mode of executing any works ~uch difference shall be settled by an
engineer to be appointed by the Board of Trade on the application of eithn party.
THE SCHEDULE REFERRED TO IN TIU: FOREGOING Al•r.
((i) A plot of land now in the occupation of the limited company containing
two thousand four hundred and twenty superficial square yards or thereabouts
situate in the said townshjp of Dalton and bounded on the north-west north
and .north-east sides thereof by land belonging or reputed to belong to
Mr. Frederick Learoyd on or towards the south-east side thert>of by the land
hereinafter described (b) and on or towards the south-west side tht>reof by Kirk
Ings Beck ( otherwise l.Rpton Dike) and also a plot of land in the occupation of
the limited company situate in the said township of Dalton and adjoining the said
plot of land above described at the east corner thereof and also adjoining Crossley
Lane leading from Huddersfit>ld to Kirkheaton aforesaid on the south west ~ide
theteof containing by admeasurement three hundred superficial square yards or
there.ahouts and bounded on or towards the north-east by Crossley Lane afore~aid
on or towards the north-west by land belonging or reputed to belong to the said
Mr. Frederick Learoyd and on or towards the south-east by the land hereinafter
dt>scribed (b ).
(b) A plot of land situate on the south-ea11t of and immediately adjoining the
lands (a) above described bounded on the north-west by thE.s lands (a) above
de~cribed on the south by Kirk logs Beck aforesaid and on the north-east by land
belonging or reputed to belong to Henry Frederick Beaumont Esq. and containing
by admeasurement one thousand four hundred and eighty-four superficial square
yards or thereabouts.

Huddersfield Corporation Gas Act of 1919

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