Huddersfield Gas Act of 1861
The Huddersfield Gas Act of 1861 was summarised as:
An Act for Dissolving and Re-incorporating The Huddersfield Registered Gas Light Company, and for conferring upon them further Powers for the Supply of Gas to the Borough of Huddersfield, and certain neighbouring Townships and Places.
Whereas by articles of agreement, dated the second day of April One thousand eight hundred and twenty-one, a company or copartnership, called “The Huddersfield Gas Company,” was established for supplying Huddersfield with Gas, with a capital of Three thousand four hundred pounds, in shares of Twenty pounds each, and powers of increasing such capital:
And whereas in January One thousand eight hundred and forty-six the Company were completely registered under the provisions of the Joint Stock Companies Act, seventh and eighth of Victoria, chapter one hundred and ten, by the name of “The Huddersfield Registered Gas Light Company,” and by their deed of settlement entered into for the purpose of such registration, dated the seventeenth day of November One thousand eight hundred and forty-five, and which superseded the recited articles of agreement of the second day of April One thousand eight hundred and twenty-one, their then capital was stated to be Sixteen thousand pounds, and it was agreed that if at any time or times thereafter it should with reference to the then state and condition of the affairs and concerns of the Company and its future prospects be thought advisable for an extraordinary Board of Directors, specially called for the purpose, to raise more money for the Company, or for extending its business, it should be lawful for meetings of the Company, as therein set forth, to enter into resolutions to increase the capital of the Company, and the said Company were afterwards duly incorporated under "The Joint Stock Companies Act, 1856:"
And whereas the said Company erected Gas Works, and laid down mains and pipes through the streets and roads of the said town, and the neighbourhood thereof, for the purpose of supplying the same with Gas, and have hitherto supplied Gas to the said town and neighbourhood accordingly:
And whereas since the first establishment of the Company the population, mills, manufactories, and other buildings of the town and neighbourhood of Huddersfield have considerably increased, and the Company have from time to time, as occasion required, invested large sums of money, and constructed extensive works to meet the increased wants of the said town and neighbourhood, and the sums expended in the construction and extension of the said works amount to Sixty Thousand pounds:
And whereas since the first registration of the Company they have created shares to the amount of Twenty-three Thousand pounds ; and the present share capital of the Company so increased amounts to Thirty-nine Thousand pounds, and the balance between the sums of Sixty Thousand pounds and Thirty-nine Thousand pounds, amounting to Twenty-one Thousand pounds, has been supplied from the profits of the undertaking, divisible amongst the shareholders, and the Company are desirous of creating «harp* to represent that amount:
And whereas certain townships and places adjoining or near to the township of Huddersfield require to be lighted with Gas, and the Company are willing to light such townships and places, but require more capital and further powers to enable them effectually to carry out their original undertaking and light the said townships and places:
And whereas it is expedient that the Company should be enabled to take or purchase bj agreement certain lands in the neighbourhood of their existing works for the extension thereof:
And whereas the purposes aforesaid cannot be effected- without the authority of Parliament:
MAY IT THEREFORE PLEASE YOUR MAJESTY,
That it may be enacted,, and be it enacted by The Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:
I. This Act may be cited for all purposes as “The. Huddersfield Gas Act, 1861.”
II. The several Acts of Parliament following (that is to say): “The Companies Clauses Consolidation Act, 1845,” “The Lands Clauses Consolidation Act, 1845,” and “ The Gas Works Clauses Act, 1847,” shall be incorporated with and form part of this Act, except in so far as any of the clauses of those Acts may be expressly varied by or be inconsistent with tins Act: Provided always, that nothing in this or the incorporated Acts contained shall authorise the Company to purchase or take bends otherwise than by agreement.
III. In construing the incorporated Acts respectively in connexion with this Act, and also in construing this Act, the expression “The Company” shall mean the Company incorporated by this Act; the expression “The Registered Company” shall mean “The Huddersfield Registered Gas light Company,” incorporated under “The Joint Stock Companies Act, 1856;” the expression “The special Act” shall mean this Act; the expression “The Works,” or “The Gas Works,” or “The Undertaking,” shall mean and include the Gas Works, and works connected therewith by this Act vested in or authorised to be made by the Company, and the estate right, title, property, privileges and effects of the Company; the expression “The Promoters of the Undertaking” shall mean the Company.
IV. Except as in this Act otherwise provided, the several words and expressions to which meanings are assigned by the said Acts incorporated herewith, or any of them, shall in tins Act have the meanings so assigned to them respectively, unless there be something in the subject or context repugnant to or inconsistent with such construction.
V. The limits of this Act with respect to the supply of Gas are the townships, hamlets or places of Huddersfield, Fartown, Deighton, Sheepridge, so much of Bradley as is within three miles of the Market Cross in Huddersfield, Marsh, Paddock, Lindley, Lindley-cum-Quarmby (except such part thereof as is south of the centre of the Huddersfield and New Hey Turnpike Road, and west of a line extending southwardly from a point on the said road opposite to the Bay Horse Inn, at Lindley Lane End, to a point on the road leading from Paddock to Longwood, where the Angel Inn now stands), all in the parish of Huddersfield; Dalton, so much of Kirkheaton as is within three miles of the said Market Cross, Colne Bridge, and Mold Green, all in the parish of Kirkheaton; Almondbury, Lockwood, Salford, South Crosland, North Crosland, and Linthwaite, except such part thereof as is situate west of a line extending from the River Colne southwardly near to Spring Mill, to a point on the southern boundary of Linthwaite, and between the River Colne and a line parallel with and at a distance of three hundred yards from the south side of the Wakefield and Austerlands Turnpike Road, all in the parish of Almondbury; which said parishes, townships, hamlets and places are In the West Riding of the county of York; Provided always, that the Company shall not lay any mains or supply gas within the parish of Kirkheaton or the townships of Dalton or Almondbury, except so much of the last-mentioned townships as are coloured red on a certain map deposited at the office of the clerk of the peace for the West Riding of the county of York at Wakefield, until they shall have obtained the consent in writing for that purpose of Anthony Knowles Kaye, the present owner of the Gasworks at Mold Green, or other the proprietor for the time being of the said Gasworks.
VI. And whereas a map defining the limits of this Act, and a circle of one mile radius from the Market Cross in Huddersfield has been signed by Sir John Hanmer, Baronet, the Chairman of the Committee of the House of Commons to whom this Act was referred, therefore such map shall be deposited in the Private Bill Office of that House, and a copy signed as aforesaid shall be deposited at the office.of the Huddersfield Improvement Commissioners, within One month after the passing of this Act, and all ratepayers or gas consumers shall be entitled to inspect such copy at all reasonable times upon payment of a fee of One shilling.
VII. From and after the passing of this Act, the Registered Company shall be dissolved and cease to exist, and the present members of or shareholders in that Company, and all other persons who have already subscribed, or shall hereafter subscribe to the undertaking, and their executors, administrators, successors and assigns respectively shall be and they are hereby united and incorporated into a Company for the purpose of making and supplying Gas within the limits of this Act, and for doing all acts necessary for that purpose, and for other the purposes by this Act and the said incorporated Acts authorised, by and under the name of “The Huddersfield Gas Company,” and by that name shall be a body corporate with perpetual succession, and shall have a common seal and shall and may sue and be sued, and shall have power to purchase and hold lands for the purposes of the undertaking, subject to the restrictions and provisions herein and in the said incorporated Acts contained.
VIII. Subject to the provisions of this and the incorporated Acts, the Company may make and supply Gas within the limits of this Act, and may sell, manufacture, and dispose of coke, coal, tar, pitch, asphaltum, ammoniacal liquor, oil, and other matters, the products of the coal or other materials, or which can or may be compounded or produced from the coal or other materials employed in the manufacture of such Gas; and may also manufacture and sell, let or deal in gas-fittings, tubes, meters, pipes, and all other articles and things in any way connected with Gas works; or with the supply of Gas to the consumers thereof, in such manner as the Company may think proper.
IX. Subject to the provisions of this Act, all lands, works, erections, buildings, rights and easements, which immediately before the passing of this Act were vested in the Registered Company, or any person on their behalf, or to which the last-mentioned Company were in anywise entitled either at law or in equity, and all mains and pipes, plant, plugs, lamps, irons, retorts, gauges, meters, lamp-posts, apparatus, stock, effects, matters and things, which have been by them purchased or provided, laid down, erected, or placed in any place or house within the limits of this Act, or which immediately before the passing of this Act were the property of or belonging to the same Company; and all monies, securities, credits, effects, and other property whatsoever, belonging to the Registered Company, or to any Trustees on their behalf, for the purposes of such Company, shall be and the same are hereby vested in the Company to the same extent and for the same estate and interest as the same were previously to the passing of this Act vested in the Registered Company, or any Trustees on their behalf, and may, according to the provisions of this Act, be held and enjoyed, sued for and recovered, maintained, altered, discontinued or removed by the Company as they think fit.
X. Subject to the provisions of this Act, the said deed of settlement shall as to any future or prospective operation thereof, from and after the passing of this Act, be wholly void, and of none effect; and the several persons who have executed the same, and their heirs, executors, administrators, and assigns shall immediately from and after the passing of this Act stand and be by virtue of this Act released and discharged from any future obligation to observe, per form, abide by, fulfil, or conform to the said deed of settlement, or the covenants or agreements therein contained, or any or either of them.
XI. Notwithstanding the incorporation of the Company and the avoidance of the said deed of settlement by this Act, and except as is by this Act otherwise expressly provided, everything before the passing of this Act done or suffered, by or with reference to the Registered Company, or the shareholders therein in that capacity, shall be as valid as if the Company had not been incorporated, and the said deed of settlement were not avoided by this Act, and such incorporation and avoidance, and this Act respectively, shall accordingly be subject and without prejudice to every thing so done or suffered, and to all rights, liabilities, claims, and demands, both present and future, which, if the Company were not incorporated, and the said deed of settlement were not avoided by this Act, and this Act were not passed, would be incident to or consequent on any and everything so done or suffered ; and with respect to all such rights, liabilities, claims and demands the Company shall to all intents and purposes represent the Registered Company, and the shareholders in their capacity of shareholders: Provided always, that the generality of this enactment shall not be restricted by any of the other clauses and provisions of this Act.
XII. Except as by this Act otherwise specially provided, all purchases, conveyances, grants, assurances, deeds, contracts, bonds, and agreements entered into or made before the passing of this Act by, to, or with the Registered Company, or any trustees or persons acting on behalf of such Company, or by, to, or with any other person to whose rights and liabilities they have succeeded as assigns, and now in force, shall be as binding and of as full force and effect in every respect against or in favour of the Company, and may be enforced as fully and effectually as if instead of the Registered Company, or the trustees or persons acting on behalf of the Registered Company, the Company had been a party thereto.
XIII. Nothing in this Act contained shall release, discharge, or suspend any action, suit, or other proceeding at law or in equity which was pending by or against the Registered Company, or any member thereof, in relation to the affairs of the Registered Company, or to which the same Company or any member thereof in relation to such affairs were parties immediately before the passing of this Act; but any such action, suit, or other proceeding may be maintained, prosecuted, or continued by, or in favour of, or against the Company (as the case may be) in the same manner and as effectually and advantageously as the same might have been maintained, prosecuted, or continued by, in favour of, or against the Registered Company, or any member thereof, if this Act had not been passed, the Company being in reference to the matters aforesaid in all respects substituted for the Registered Company.
XIV. All Gas rates, rents, and sums of money which immediately before the passing of this Act were due and payable, or accruing to the Registered Company, shall be payable to and may be collected find recovered by the Company in like manner as the Gas rates and rents under this Act.
XV. All persons who immediately before the passing of this Act, owed any money to the Registered Company, or to any person on their behalf, shall pay the same, with all interest (if any) due and payable or accruing upon the same, to the Company; and all debts and monies which immediately before the passing of this Act were due, or owing, or recoverable from the Registered Company, or for the payment of which such Company were, or, but for this Act, would be liable, shall be paid, with all interest (if any) due or payable or accruing upon the same, by or be recoverable from the Company.
XVI. Notwithstanding the avoidance of the said deed of settlement, all certificates (until cancelled under the powers of this Act), sales, transfers, and dispositions heretofore made or executed under that deed, of or with respect to any shares in the Registered Company, shall remain in full force, and continue and be available in all respects as if such deed of settlement had not been avoided.
XVII. All officers and servants of the Registered Company who were in office immediately before the passing of this Act shall hold and enjoy their respective offices and employments, together with the salaries and emoluments thereunto annexed, until they shall resign the same or be removed therefrom by the Company, and shall have the like powers and authorities for the purposes of this Act and for carrying the same into execution, and shall be subject and liable to the like conditions, obligations, pains and penalties, and to the like powers of removal, and to the like rules, restrictions and regulations in all respects whatsoever as if they had been appointed under this Act.
XVIII. Every trustee or other person in whom or in whose name any lands, works, erections, buildings or property belonging to the Registered Company were vested immediately before the passing of this Act, and who (being duly authorised so to do) shall have entered into any bond, covenant, contract or engagement in respect of or with reference to such lands, erections, buildings or property, or for any other purpose on behalf of the Registered Company, shall be indemnified and saved harmless out of the funds or property of the Company from all liability and against all loss, costs, charges and expenses which he may sustain, incur or be put unto by reason or in consequence of his having entered into any such bond, covenant, contract or engagement.
XIX. The capital of the Company shall be One hundred Thousand pounds, divided into Five thousand shares of Twenty pounds each, and Three thousand of such shares shall be distributed amongst the proprietors of shares in the capital of the Registered Company in the proportions in which such proprietors were entitled to the shares in that capital at the time of the passing of this Act, and in substitution for such last-mentioned shares and shall vest in such persons and corporations accordingly; and every share so vested shall be subject and liable to the same trusts, powers, provisions, declarations, agreements, charges, liens and incumbrances as immediately before the passing of this Act affected the then existing share in the capital of the Registered Company, for which it is substituted, and so as to give effect to and not revoke any testamentary disposition, of or affecting such then existing share, but the amount of profits which the Company may divide upon One thousand and Fifty of the said Three thousand shares shall not exceed the rate of Five pounds per centum per annum upon the amount of such shares.
XX. The shares so vested shall he considered as fully paid up, except that all calls made by the Registered Company upon any of their shares which remained unpaid at the time of the passing of this Act shall be due upon the shares by this Act vested in substitution for those shares, and the Company may enforce payment of such calls in like manner as they may enforce payment of calls made by them upon any other shares under the authority of this Act.
XXI. The Company shall call in and cancel the existing certificates of shares in the Registered Company, and issue in lieu thereof certificates of the substituted shares, in the form and under the conditions prescribed by “The Companies Clauses Consolidation Act, 1845,” but the holders of such existing certificates of shares shall not be entitled to any certificates of proprietorship under this Act until they shall have delivered up to the Company to be cancelled the certificates of proprietorship issued to them before the passing of this Act, or shall have proved to the reasonable satisfaction of the Company the loss or destruction thereof.
XXII. The Company shall cause such new shares remaining after the distribution among the existing shareholders hereinbefore provided for when and as the same shall from time to time be issued to be sold by public auction in such manner and at such times and subject to such conditions as the Company may from time to time determine; provided that the reserve price shall be Twenty pounds per share.
XXIII. The intention to sell the said shares by auction shall be duly advertised for Two successive weeks in a newspapers circulating in the Town of Huddersfield, and any sum of money which shall arise upon such sales, by way of premium, shall be expended in paying the expenses of this Act, or in extending or improving the works of the Company, or in paying off money borrowed of owing by the Company, and shall not be considered as part of the capital of the Company entitled to dividend.
XXIV. The Company may at any time, or from time to time after the passing of this Act, issue and dispose of to such persons and in such manner as they think fit, all or any of the Two thousand shares not vested by this Act in the proprietors of shares in the Registered Company, and which shall have been offered for sale by auction, but not sold.
XXV. If any money be payable to a shareholder, being a minor, idiot, or lunatic, the receipt of his respective guardian or committee shall be a sufficient discharge to the Company for the same.
XXVI. The Company may at any time and from time to time after the passing of this Act borrow on mortgage any sum or sums not exceeding in the whole Fifteen thousand pounds, and when the new capital of Forty thousand pounds shall have been subscribed for, and One-half thereof paid up, and the Company shall prove to the justice who is to certify under the provisions contained in the fortieth section of “The Companies Clauses Consolidation Act, 1845,” before he so certifies, that such new capital of Forty thousand pounds has been subscribed for bonk fide, and is held by subscribers, or their executors, administrators or assigns, and for which such subscribers, or their executors, administrators or assigns, are legally liable, it shall be lawful for the Company to borrow any further sum or sums of money not exceeding in the whole Ten thousand pounds.
XXVII. All money to be raised under the provisions of this Act, whether by means of shares or by the exercise of the powers of borrowing, shall be applied to the purposes of this Act authorised, and to no other purpose;
XXVIII. The first ordinary general meeting of the shareholders of the Company shall be held within Two months after the passing of this Act, and the future general meetings shall be held in the months of February and August in every year thereafter, and all meetings, whether ordinary or extraordinary, shall be held at such place or places within the limits of this Act as may be appointed by the Company.
XXIX. The quorum to constitute a general meeting of the shareholders of the Company shall be Eight shareholders holding in the aggregate not less than Five thousand pounds paid-up capital.
XXX. The number of Shareholders who may convene extraordinary meetings of the Company shall not be less than Five holding shares in the capital of the Company of the aggregate nominal value of Three thousand pounds at the least.
XXXI. The number of Directors shall not be more than Nine nor less than Five, and the Directors shall be elected by the shareholders, and the qualification of every Director so elected shall be the possession in his own right of paid-up capital in the undertaking of the aggregate amount of Two hundred pounds at the least.
XXXII. The persons who at the time of the passing of this Act are Directors of The Registered Company, shall be the first Directors of the Company.
XXXIII. The first Directors of the Company shall continue in office until the general meeting to be held in the month of February One thousand Eight hundred and Sixty-two, when One-third, as near as may be, of the number shall retire from office and their places be supplied by the election of an equal number of duly qualified shareholders; but the retiring Directors shall be eligible for re-election.
XXXIV. If any Director die, or resign, or become disqualified or incompetent to act as a Director, or cease to be a Director by any other cause than that of going out of office, his place may be supplied by the surviving or continuing Directors, and the Director so appointed shall continue in office for the same term as the person in whose place he has been appointed.
XXXV. The quorum of a meeting of Directors shall be Three, including the chairman for the time being.
XXXVI. The Directors may from time to time appoint committees, and the number of Directors of which such committees shall consist shall not be less than Three, and Three shall be a quorum.
XXXVII. The auditors need not hold shares or stock in the Company.
XXXVIII. In all proceedings against the estate of any bankrupt or insolvent, or under any fiat, sequestration, or act of insolvency, any person appointed for that purpose by the Company under their common seal may represent the Company and act in their behalf in all respects as if the claim or demand of the Company against such estate were the claim or demand of such person, and not of the Company.
XXXIX. And whereas plans showing the lands which may be required for the extension of the works, and a book of reference to such plans, containing the names of the owners and lessees, or reputed owners and lessees, and of the occupiers of such lands, have been deposited with the clerk of the peace of the West Riding of the county of York : therefore, subject to the provisions of this Act, the Company may at any time, or from time to time, purchase or take and hold on lease, all or any of the said lands, but except upon any such lands, and the lands now in the possession of the Company, the Company may not construct any works for the manufacture of Gas.
XL. Subject to the provisions in this and the incorporated Acts 30 contained, it shall be lawful for the Company from time to time to maintain, make, construct, lay down, alter, or discontinue such retorts, gasometers, receivers, pipes, drains, sewers, machinery and other works and apparatus whatsoever; and also such houses, buildings and approaches upon the lands belonging to or held by the Company; and to do all such other Acts as they shall think proper for manufacturing and supplying Gas within the limits of this Act, and for other purposes authorised by this Act.
XLI. The Company may lay down, maintain, and renew mains and pipes, and construct and maintain communications under, over, and along the canal called Sir John Ramsden’s Canal, and along the towing path thereto, so far as such canal and towing path are co-extensive with the present Gas Works of the Company, and the lands hereby authorised to be purchased and taken; but, in exercising the powers hereby given, the Company shall not injure the said canal and towing path, or interfere with the navigation of the said canal or the traffic therein; and all such communications and works aforesaid shall be made and executed to the satisfaction and under the superintendence of the London and North Western Railway Company, their successors and assigns, and full compensation shall be made by the Company hereby incorporated to the London and North Western Railway Company, their successors and assigns for all injury done or occasioned to the said canal and towing path, or the traffic thereon, by reason of such exercise of the said powers, such compensation in case of difference to be ascertained and determined according to the provisions of the “ Lands Clauses Consolidation Act, 1846,” which are hereby made applicable thereto.
XLII. The Company, with the consent of the owner and occupier of any building, may lay any pipe, branch, or other necessary apparatus from any main or branch pipe into, through, or against such building for the purpose of lighting it, and may, with the like consent, provide and set up the like apparatus necessary for securing to such building a proper and complete supply of gas, and for measuring and ascertaining the extent of such supply, and may from time to time, with the like consent, repair, replace, alter, or discontinue and remove any such pipe, branch, or apparatus.
XLIII. The prices to be charged by the Company for gas supplied to persons who shall bum the same by meter, shall not exceed the following: (that is to say), for Gas supplied within a radius of One mile from the Market Cross in Huddersfield and the present limits of the Mold Green Local Board Four shillings per thousand cubic feet, and for gas supplied beyond the said limits and radius, Fire shillings per thousand cubic feet, and the price to be charged by the Company for gas supplied to the public lamps within the limits for the time being of the Huddersfield Improvement Commissioners, after the expiration of existing contracts, shall not exceed Two shillings and Sixpence per thousand cubic feet.
XLIV. The Company may from time to time, on such terms and conditions as they think fit, supply gas gratuitously for any purposes of public advantage within the limits of this Act.
XLV. The register of the meter shall be prima facie evidence of the quantity of gas consumed by any customer of the Company, and in respect of which any rent is charged and sought to be recovered by the Company.
XLVI. Every private consumer of gas supplied by the Company shall, when required by the Company, consume the gas supplied to him by meter, and such meter shall be provided by the Company at the expense of the consumer, or, at the option of the consumer, by the consumer and approved by the Company, and in each case shall be tested, fixed, set up, and maintained, to the satisfaction of the Company, and may from time to time be examined and tested by them.
XLVII. The prices to be charged to the consumer, for the use of any meter provided by the Company by way of rent, shall not exceed those named in the Schedule hereto annexed.
XLVIII. The Company shall, at the request of any owner or occupier of any house, part of a house, factory, or premises, or of any public body or private company, having charge of any public lamps, or having premises within the limits of this Act within Fifty yards of which any main pipe of the Company shall be laid, furnish to such owner or occupier, public body, or private company, a sufficient supply of gas for such house, part of a house, factory, lamps, or premises, at rates not exceeding the respective rates by this Act limited; and if the Company fail to supply such gas to any such owner or occupier, public body, or private company, then and in any such case, on proof before any Two justices of such failure, the Company shall forfeit such sum not exceeding Twenty pounds, as the justices think fit: Provided always, that the Company shall not be bound to supply any gas under the foregoing provision, unless the party requiring the same shall contract for not less than Two years to pay gas rates in respect of such supply to an amount equal to Twenty per centum upon the Company’s outlay, and reasonable security for payment of the gas supplied be given to the Company, if required: Provided also, that the expense of laying all necessary service pipes of a greater length than Thirty feet from the Company’s main, shall be borne by the person so requiring the same to be laid, and the estimated cost thereof, if required by the Company, shall be paid in advance by such person; and in case of dispute between the Company and such person as to such costs, the same shall be settled by arbitration; Provided also, that nothing herein contained shall be construed to render it compulsory upon the Company to lay any service-pipe in private property, or to supply gas where any such service-pipe would be necessary, and is not laid down by the person requiring such supply, and available for the purpose of such supply.
XLIX. If the Company and the persons so requiring such pipes or gas cannot agree upon the security to be so given, the same shall be determined by two justices, and such justices shall, on the complaint and application of the Company, and such person or either of them, determine the amount and nature of the security to be so given, and the decision of such justices shall be final and conclusive, and such security may be by the deposit or pre-payment of money.
L. In case any consumer of the gas of the Company shall leave the premises where such gas has been supplied to him without paying the Company for the gas so supplied, the Company shall not be entitled to require from the next tenant of such premises the payment for the gas left unpaid by the former tenant, unless such incoming tenant shall have undertaken with the former tenant to pay or exonerate him from the payment of such arrears for gas, but the Company shall supply their gas to such incoming tenant upon the usual terms and conditions on being required by him so to do.
LI. In all cases in which the Company are by “The Gas Works Clauses Act, 1847,” incorporated with this Act authorised to cut off and take away the supply of gas from any house, building, or premises, then if such house, building or premises be unoccupied, the Company, their agents, servants or workmen, after giving Twenty-four hours’ previous notice to the owner by serving the notice on him, or by letter, under the hand of the secretary of the Company, sent by post, addressed to such owner, or if the owner or his address be not known to the Company, by affixing such notice for Three days on some conspicuous part of such house, building, or premises, may enter into such house, building or premises between the hours of Nine in the forenoon and Four in the afternoon, and remove and carry away any pipes, meters or fittings, or other works, the property of the Company, making compensation to such owner for any damage which may be occasioned to him by such entry and removal.
LII. Penalties imposed on the Company for one and the same offence by several Acts of Parliament shall not be cumulative, and for such purpose this Act, and the Acts incorporated herewith, shall be deemed several Acts.
LIII. All the gas supplied by the Company shall be of such a quality as to produce from an Argand burner having Fifteen holes and a Seven-inch chimney, or other approved burner and chimney, and consuming Five cubic feet of gas per hour, a light equal in intensity to the light produced by Fourteen sperm candles of Six in the pound, burning One hundred and twenty grains per hour, unless prevented by unavoidable cause or accident.
LIV. The Company shall within Four months from the passing of this Act cause to be erected in some convenient part of their works so situated as to test the illuminating power of all the gas supplied by the Company, through the outlet main leading from their gasholders for the supply of the consumers of gas, an experimental meter, furnished with an Argand Fifteen-hole burner and a Seven-inch chimney, or other approved burner and chimney capable of consuming Five cubic feet of gas per hour, with other necessary apparatus for testing the illuminating power and purity of all the gas of the Company.
LV. It shall at any time be lawful for the Huddersfield Improvement Commissioners, and for the Mold Green Local Board in respect of gas within the limits of such Board, by order in writing, to appoint some person not being a member, or officer, or servant of the Commissioners or Local Board, to proceed to the works of the Company, and the person so appointed, on giving Three hours’ previous notice in writing to the Company, which notice shall specify the hour at which the experiment is proposed to be made, may, on producing the said order, enter on the premises of the Company, and in the presence of the manager or other officer of the Company, make experiment of the illuminating power and purity of the gas, by means of the experimental meter and other apparatus to be erected thereon, as before-mentioned, and the Company and their officers shall afford all reasonable facilities and assistance to the making of such experiment ; and if it shall be proved to the satisfaction of any Two Justices, not being directors or shareholders of the Company, nor being Improvement Commissioners, nor members of the Local Board after hearing the parties, that the illuminating power of the gas supplied by the Company did not, when so tested as aforesaid, equal the illuminating power by this Act prescribed, or that the Company or their officers refused to afford such reasonable facilities as aforesaid, or hindered or prevented the making of such experiment, in any such case the Company shall forfeit such sum not exceeding Twenty pounds as the Justices shall determine: Provided always, That the Company shall not be liable in any penalty if they shall prove to the satisfaction of the Justices that the deficiency in illuminating power has arisen from any cause beyond the control of the Company.
LVI. The costs of and attending such experiment, including the remuneration to be paid to the person making the same, and the costs of the proceedings before the Justices, shall be ascertained by such Justices, and in the event of any penalty being imposed on the Company, shall be paid, together with such penalty, by the Company ; but in the event of the gas being found, when tested, to be of not less illuminating power than is by this Act prescribed, such costs shall be awarded to be paid by the said Commissioners, or the said Local Board, to the Company, and shall be paid or levied accordingly.
LVII. All sums of money due to the Company for the supply of Gas, or for the hire or fixing of meters or fittings, and all damages, costs, and expenses by this Act or any Act incorporated herewith directed to be paid, and the amount of which shall not be bona fide disputed, may (the party in default being first duly summoned) be levied by distress, and any Justice on application may issue his warrant accordingly.
LVIII. Any one summons or warrant issued for any of the purposes of this Act, may contain in the body thereof or in a Schedule thereto, several names and several sums.
LIX. Any Justice who issues a warrant of distress for any of the purposes of this Act, shall order that the costs of the proceedings for the recovery of the money to be levied shall be paid by the person liable to pay such money, and such costs shall be ascertained by the Justice, and shall be included in the warrant of distress for the recovery of such money.
LX. Whenever any person neglects to pay any rate or sum due to the Company, the Company may recover the same in any court of competent jurisdiction for the recovery of debts of the like amount, and the remedies of the Company under this enactment shall be in addition to their other remedies for the recovery of such rate or sum.
LXI. No Justice shall be disqualified from acting in the execution of this Act by reason of his being liable to the payment of any Gas rent, rate, or other charge under this Act.
LXII. Nothing in this Act contained shall be held or construed to take away, alter, prejudice, or affect any of the rights, privileges, powers, or authorities of the Huddersfield Waterworks Commissioners, under or by virtue of an Act passed in the session of Parliament held in the seventh and eight years of the reign of King George the Fourth, intituled “An Act for supplying with Water the Town and Neighbourhood of Huddersfield, in the West Riding of the County of York.”
LXIII. All the costs; charges, and expenses of and incident to the passing of this Act, and preparatory thereto, shall be paid by the Company.