Longwood Gas Act of 1875

The Longwood Gas Act of 1875 was summarised as:

An Act for dissolving and re-incorporating the Longwood Gas Company, and granting powers for supplying with Gas the Township of Longwood and certain neighbouring Townships and Places in the West Riding of the County of York.

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38 AND 39 VICTORIA,-8ESSION 1875.
THE LONGWOOD GAS ACT, 1875.
ARRANGEMENT OF SECTIONS.
S¥CTIOllT
Preamble.
Short title 1
Incorporation of Clauses of General Acts 2
Iuterpretation Clause S
Limits of Act 4
Company incorporated r,
General purposes and powers of the Company . . G
Property vested in Company incorporated by this Act 7
Memorandum of Association, &c., of the Limited Company to be ,·oid
without prejudice to remedies for antecedent breaches thPreof
Nothing to affect previous rights and liabilities
Contracts prior to the passing of this Act to be binding ..
Actions, &c., not to abate ••
Trustees of Limited Company to be indemnified
Company to satisfy liabilities of Limited Company
Recovery of gas rents, &c. • •
As to payment of debts owing before passing of Act
Certificates, &c., to remain in force
Books, &c., continued evidence
Officers to continue until removed
Pre.'lent registers of members to be continued .•
Capital ••
Vesting of "old shares " in shareholders of Limited Company
Company shall call in and cancel existing share certifkates, and issue
certificat.e• in lieu thereof
Profits of the Company
New capita.I.
As to amow1t of new shares
8hares not to be issued until one-fifth part thereof is paid up
c.~lls
Receipt in case of persons not sui juris
(p*) A
new
~
9
JO
ll
12
13
I.(
15
16
17
18
19
20
21
22
23
24
25
26
'J7
2K
2
SECTIOJI'
Dividends on different classes of shares or stock to be pa\d rateably 29
Power to borrow • • 30
Power to borrow in respect of new capital 31
Arrears of interest and principal may be enforced by appointment of a receiver i,2
As to conversion of borrowed money into capital 33
Priority of mortgages over other debts 84
Power to create debenture stocks 35
Application of moneys 36
General meetings . . 3 7
Quorum of meetings :-Hi
Extraordinary meeting convened by aharnholders :39
Number of directors 40
Qualification of directors 41
Quonun of directors 42
First directors 43
Auditors not required to hold shares • • 44
Remuneration of directors and auditors 45
Powers as to construction and maintenance of gasworks, &c. • 46
For protection of the London and North Western Railway Company 47
Space abutting on viaduct of London and North Western Railway Company
at Milnsbridge -'8
For protection of streets, &c., in Huddersfield 49
Power to purchase lands • . 50
Power to purchase lands by agreement 51
Power to lay pipes against buildings. . [12
Power to contract with public bodies 53
-Power to remove meters, &c., from unoccupied buildings 54
Limiting the price of gas ;15
Power to take licences [16
Pressure of gas 57
Quality of gas 58
Testing place 59
Burner 60
Security for payment of gas rents 61
Company to pay interest on money deposited as secnrity 62
Authentieatio11 of notic('8 . . G3
Liability t, i gas I l'::t 11ot to disqualify justice, &c. (;4
Application of penalt: ; 65
CORts of Act G6
Schedules.
AN
ACT
For dissolving and re-incorporating the Longwood Gas Company,
and granting powers for supplying with Gas the Township
of Longwood and certain neighbouring Townships and
Places in the West Riding of the County of York.
[ROYAL ASSENT, JULY, 1875.J
WHEREAS in the year 1859 certain persons formed themselves into Preamble.
a Company, under the name of the Longwood Gas Company Limited,
(hereinafter referred to as "the Limited Company"), the objects for
which that Company was established being the manufacture and sale
.., of gas from coal, and other inflammable materials, for supplying
therewith the streets, highways, roads, shops, houses, mills, and other
buildings in Longwood and other places in the several townships of
Longwood, Golcar, Lindley-cum-Quarmby, and Stainland, all in the
county of York ; and also the manufacture and sale of, or otherwise
1 O dealing with, coke and other products arising from the manufacture
of such gns, and the doing of such other acts and things as were
incidental or conducive to the attainment of the above objects; and
4 The Longwood Gas Act, 1875.
such Company was duly registered under "The Joint Stock Companies
Act, 1856 : ''
And whereas the nominal capital of the Limited Company consists
of twenty-four thousand pounds divided into four thousand ei~ht
hundred shares of five pounds each, of which shares two thousand nine 5
hundred and thirty shares have been subscribed or taken and paid up in
full, and one thousand eight hundred and seventy shares have
been issued and allotted, upon which the sum of ten shillings per share
has been paid : ·
And whereas the Limited Company have not borrowed any 10
money on mortgage or bond :
And whereas the Limited Company acquired for a term of nine
hundred a11d ninety-nine years from the 1st day of November, 1859,
the piece of land firstly described in the schedule to this Act, and
erected gasworks thereon, and have from time to iim,e improved and 15
enlarged the same with the capital raised by them, and have been,
and are now supplying gas to the township of Longwoed and other
places aforesaid, or some of them :
And whereas the demand for gas in the district supplied by the
Limited Company and adjacent district has increased and is increasing, 20
and it is expedient that the works of the Limited Company should be
enlarged and improved, and their mains extended, and that additional
land should be acquired and their capital increased, in order to provide
for such increased demand, and to make such improvement and
extension:
,And whereas plans describing the additional lands to be taken
for the purposes aforesaid, with a book of reference to the plans co11.-
taining the names of the owners or reputed owners, lessees or reputed
lessees, and occupiers of these lands have been deposited at the office
25
of the Clerk of the Peace for the West Riding of the county of York, 30
and are herein referred to as "the deposited plans " and " deposited
book of reference :"
And whereas it is expedient that the Limited Company should
be dissolved and re-incorporated with further powers :
The Lo-ngwood Gas Act, 1875. 5
And whereas the objects 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
5 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 (that is to
say):-
1. This Act may be cited for all purposes as "The Longwood Short title.
10 Gas Act, 1875."
2. "The Companies Clauses Consolidation Act, 1845" and Part I Incorpora(relating
to cancellation and surrender of shares) and Part III !\~~;:s of
(relating to debenture stock) of" The Companies Clauses Act, 1863," geA neral
cts.
as amended by "The Companies Clauses Act, 1869," "The Lands
15 Clauses Consolidation Acts, 1845 ( except the clauses with respect to
the purchase and taking of lands otherwise than by agreement), 1860,
and 1869," "The Gasworks Clauses Act, 1847," and "The Gasworks
Clauses Act, 1871," are (except where expressly varied by or are
inconsistent with this Act) incorporated with this Act, and "The
20 Gasworks Clauses Act, 1871," shall apply to the existing undertaking
'of the Limited Company, as if the same had been authorized by
this Act.
3. In construing the incorporated Acts respectively in connec- Interpretation
with. this Act, and also in construing this Act, the expression tion clause.
25 "The Company'' shall mean the Company incorporated by this Act.
The expressions "The Works," '' The Gasworks," and "'rhe Undertaking"
shall respectively mean and include the gasworks and works
connected therewith by this Act, vested in or authorized to be
made or maintained by the Company, and any improvement thereof
30 which they may construct under the powers of this Act, and the
lands, buildings, estate, right, title, property, privileges, effects, and
undertaking of the Company, and every part thereof respectively.
The expression " The Corporation " shall mean the Mayor, .Aldermen,
and Burgesses of the Borough of Huddersfield ; the expression " The
(p"') B
Limits of
Act.
6 The Longwood Gas Act, 1875.
Borough" shall mean the present Municipal Borough of Huddersfield.
The expressions " Superior Courts " or " Court of Competent Jurisdiction,''
or any other like expression in this Act, or any A.et wholly
or partially incorporated herewith, shall for the purposes of this Act
be read and have effect as if the debt or demand, in respect of which 5
the expression is used, were a simple contract debt, and not
a debt or demand created by statute. Except as in this Act otherwise
provided the several words and expressions to which meanings
are assigned by the Acts wholly' or partially incorporated herewith,
shall have the same respective meanings, 'ijruess there be some- H)
thing in the subject or context repugnant to, or inconsistent with,
such construction.
4. The limits of this Act for the supply of ga& by the Company
shall comprise the townships of Longwood and Golcar, and so much
of the township of Lindley-cum-Quarmby as lies to the south of the 15
centre of the Huddersfield and New Hey turnpike road, and to the
west of a line extending southward 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, one hundred and ten
yards westward from the Angel Inn, all in the parish of Huddersfield, 20
and so much of the township of Linthw9:ite, in the parish of Almondbury,
as lies west of a line commencing from and out of the township
bounrlary of Linthwaite, at a point in the River Colne, thirty-three
yards east of the wooden bridge over that river near or leading to
Spring Mill, and extending thence, southward, in a straight line, until 26
it intersects the municipal boundary of the borough of Huddersfield,
and as also lies to the north of a line south of, and parallel with, and
at a distance of three hundred yards from the Wakefield und Austerlands
turnpike road, all in the West Riding of the county of
York, except the portions of the said Townships of Linthwaite and 30
Golcar, which are now supplied with Gas by the SJaithwaite Gas
Light Company Limited, which limits are more particularly defined
and shewn by a red line, on a certain map or plan, authenticated by
the signature of tne Right Honorab]e the F.arl of Camperdown, Chairman
of the Committee of the House of Lords, to whom the Bill for 36
this Act _was referred and depositej in the Parliament Office of the
House of Lords, a copy whereof shall, within one month after the
..... passing of this Act, be deposited with the Clerk of the Peace for the
West Ri<ling of the County of York.
The Longwood Gas Act, 1875. 7
5. From and after the passing of this _.\et the Limited Company ~ompauy • • mcorpo- shall be dissolved, and the present members of, or shareholders m, the rated.
Limited Company, and the seve.ral persons and corporations who
have subscribed to or shall hereafter become proprietors in the
5 undertaking, and their executors, administrators, and assigns respectively
shall be and they are hereby united into a Company for tne
purposes hereinafter mentioned, and shall be incorporated by the
name of'" The Longwood Gas Company," and by that name shall be
a body corporate with perpetual succession and a common seal, with
10 power to purchase, take, hold, and dispose of lands and other property
for any estate or interest for the purposes of this Act.
6. The Company shall be established for supplying gas within General
purpose,;; the limits of this Act, and for the manufacturing and storing of gas and and power11
residual products on the lands described in the Schedule to this Act, of the Company.

15 and for the purpose of carrying on the business of the Gas Oompany,
and for all other purposes connected therewith, and for carrying the
powers of this Act into execution.
7. Subject to the provisions of this Act all the lands, gas works, Propert~·
. b ild" . h . t t d h" h . vested 111 erections, u mgs, rig ts, m eres .s an easements w 1c 1mme- Company
20 diately before the passing of this Act were vested in the Limited incodrpborate
y
Company, or in any person in trust for them, or to which that Com- th:s Act.
pany was in anywise entitled, and all mains and pipes, plant, plugs,
lamps, irons, retorts! gauges, meters, lamp posts, syphons, apparatu~
stock, effects, matters, and things which have been by them purchased,
~:3 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 the Limited Company, and all moneys,
securities, credits, choses in action, effects, and other property whatsoever,
which immediately before the passing of this Act belonged fo
30 the Limited Company, or to any trustee on their behalf; and the
benefit of all contracts and engagements entered into by and on
behalf of the Limited Company, and immediately before the passing
of this Act in force shall be, and the same are hereby vested in the
8 The Longwood Gas, Act, 1875.
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
Limited Company, or any trustee ~n their behalf, and may, according
to the provisions of this Act, be held· and enjoyed, sued for, and
recovered, maintained, altered,. discontinued, removed, dealt with, 5
and disposed of by the Company as they think fit.
~Iemoran- 8. Subject to the prov1s10ns of this Act, the Memorandum of
l\lnm o_f . · Association and Regulations of the Limited Company shall, as to any J ssoc1at10n,
. &c. of the prospective operation thereof, be wholly void, and the Company and
~imited to its shareholders shall be exempted from all the provisions, restrictions, 10
vompany .
u~ void and requirements of any Act which applied to the Limited Company
Wtth0ut d h b th f h b t th' . h' A . d prejudice to an t e mem ers ereo as sue ; u no mg m t 1s et contame
remedies for shall release or discharge any person from any liability or obligation antecedent.
breaches in respect of any breach of the provisions of the said Memorandum
thereof. of Association and Regulations incurred before the passing of this 15
Act, but such liability or obligation in respect of any such breach shall
continue, and, save as in this Act otherwise provided, may be
enforced by or on behalf of the Company as nearly as may be in like
manner as the same might have been enforced by or on behalf of the
Limited Company if this Act had not been passed. ~O
X()thing to 9. Except as is by this Act otherwise expressly provided, every11.~foct
l!reh- thing before the passing of this Act done or suffered by or with
vwusng ~ .. an<l liabili- reference to the L1m1ted Company, or the members thereof as such,
tic!-1. shall be as valid as if the Company had not been incorporated, and
the said Memorandum of Association and Regulations had not been 25
avoided by this Act, and such incorporation and avoidance; and this
Act respectively shall accordingly be subject and without prejudice
to everything 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 Memorandum of Association and 30
Regulations were not avoided by this Act, and this Act were not
passed, would be incidental to, or consequent on, any and every thing
so done or imffered ; and, with respect to all such rights, liabilities,
claims, and demands, the Company shall, to all intents and purposes,
represent the Limited Company, and the members thereof as such, 35
The Longicood Gas Act, 1~75. 9
and the property of the Limited Company as the case may be ; and
the generality of this enactment shall not be restricted by any of the
other clauses and provisions of this Act.
10. Except as is by this Act otherwise specially provided, all C~ntradf'
,: prior to the
o purchases, sales, conveyances, grants, assurances, deeds, contracts, pas~iu;: of
bonds, and agreements, entered into or made before the passing of thi>< :\e1
1. to
be bmt mg·.
th:s Act, by, to, or with the Limited Company, or any trustees or '
persons acting on behalf of the Limited Company, or by, to, or with
any other person to whose rights and liabilities they have succeeded,
10 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 Li~ited
Company, or the trustees or persons acting on behalf of the Limited
Company, the Company had been a party thereto.
l,'l 11. Nothing in this Act coxitaincd shall release, discharge, or Actio?1s, &1·.
suspend any action, suit, or other proceeding at law or in equity, nuttuahate.
which was pending by or against the Limited Company or auy
member thereof in relation to the affairs of the Limited Company,
or to which the Limited Company or any member thereof in relation
20 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 i:_is the same might ha\·e been maintained,
2t, prosecuted, and continued by or in favour of or against the Limited
Company or any member thereof if this Act had not been pasRed, the
Company and shareholders therein being, in reference to the matters
aforesaid, in all respects substituted for the Limited Company and its
members respectively.
30 12. Every trustee or other person in whom or in whose name Trm,t&>R uf
any lands, works, buildings, easements, rights, property, or effects !:imited t. H>rnpany o
belonging to the Limited Company were vested immediately brfore 1!e imkrn11ithe
passing of this Act, and who (being authorized so to do) entered tiecl.
into any bond, covenant, contract, or engagement in respect of the
35 same or otherwise on behalf of the Limited Company, shall be
indemnified out of the funds and property of the Company against all
(p*) C
Company to
satisfy
liabilities of
Limited
Vompany.
Recovery of
g·as rents,
&1·.
As to paymPnt
of
debts owing
before
passing of
Act.
Certificates,
&<'. to
remain in
force.
Hooks, &c.,
continued
evidence.
10 The Longwood Gas Act, 1875.
-liability (including costs, charges, and expenses) which he may sustain,
or incur, or be put to by reason of his having entered into such bond,
covenant, contract, or engagement ..
13. From and after the passing of this Act, and except as is by
this Act otherwise expressly provided, the Company shall in all 5
respects be subject to and shall discharge all obligations and liabilities
to which the Limited Company immediately before the pasfling of this
Act were subject, and shall i~demnify the members, directors, officers,
and servants of the Limited Company and their respective representatives
from all such obligations and liabilities and from all expenses 10
and costs in that behalf.
14 . .A.11 gas rents and sums of money which immediately before
the passing of this Act were due or accruing to the Limited Company
shall be payable to and may be collected and recovered by the Company
in like manner as if they had become payable for the like 15
matters supplied or done under this Act.
' 15. All persons who immediately before the passing of this Act
owed any .money to the Limited Company or to any person on their
behalf, shall pay the same with all interest (if any) due or accruing upon
the same to the Company, and all debts and moneys which immediately 20
before the passing of this Act were due or recoverable from the
Limited Company, or for the payment of which the Limited Company
were, or but for this Act would be liable, shall, with all interest (if
any) due or accruing upon the same, be paid by or be recoverable
from the Company. 25
16. Notwithstanding the avoidance of the said Memorandum of
Association and Regulations, all certificates (until cancelled under
the powers of this Act), s:i!e.:.i, transfers, and dispositions heretofore
made or executed under them, for and with respect to any shares in
the Limited Company, shall remain in full force and continue, and be :50
available in all respects as if they had not been avoided.
17. All documents, books, and writings. which, if the said dissolution
and avoidance had not taken place, would have been
The Longwood Gas Act, 1875. I J.
receivable in eridenee, shall be admitted as evidence in all courts of.
law and equity and elsewhere, notwithstanding 8UCh dis8olution and
avoidance.
18. All the offieel"!1 and servants of the Limited Company who Officers to
continue
r, were in office immediately befur-0 the passing of this Act, shall hold until
and enjoy their respective offices and employments, togetJ:ier with removed.
the salaries and emoluments thereto annexed, until they resign the
same, or be removed therefrom by the Company, and shall have the
like powers and authorities ~ the purposes of this Act, and for
10 carrying the same into e111ecuti-0n, and she.11 be subject and liable to
the like conditions, obligatiollf!, pains, 8.lld ~lties, and to the like
po,vers of rem(YV8.l, amd to too like rules, !'estrictions, and regulations
in all respects whatever, &s if they had been appointed under this
Act.
15 19. The books kept .by the Limited Company for entering the Present
names and designations of the members thereof, with the numbers of :f:;:;;!~~ ~!
their shares, and the proper distinguishing number of such shares, ~e conshall
and may continue to be kept for the same purpose by the Com- tmued.
pany, and, until some other register of shareholders shall be provided
20 by the Company, be taken and considered as the register of shareholders
required to be kept by "The Companies Clauses Consolidation
Act, 1845.''
20. The capital of the Company shall be forty-four thousand Capital.
pounds, whereof twenty-four thousand pounds is in this Act called "the
25 Original Capital," and twenty thousand pounds is in this Act called
"the New Capital," and shall be raised in manner hereinafter mentioned,
and the original capital shall · be divided into two thousand four
hundred shares of ten pounds each, which shares are in this Act
called "the Old Sha.res,'' and the Company may convert into stock
35 the whole or any ,pa.rt .of their edginal or new ~pital when fully
paid up.
21. Subject to the provisions of th~s Act the old snares shall be
appropriated to, anci vested in, the several persons who immediately
before the passin" of this "Act were the registered members of the
-10 Limited Company in the proportion of one share for every two
Vestiug of
old :;,hares
in shareholders
of
Limited
Company.
rompany
shall call iu
and caucel
cxi;;tiug
Ahare certificates
and
issue new
certificates
in Ii,•n
thPreof.
Profits of
the Company.

NPwcapital.
A:< to
amount of
uew shares.
::-han·:- not
I u h"" issued
u11til one- . fifth part
tl1nP1 ,f is
paid up.

12 The Lorigwood Gas Act, 1875.
existing shares of the Limited Company : and any share so vested
shall be subject to the same liability for calls and subject and liable
to the same trusts, powers, provisions, declarations, agreements,
charges, liens, and incumbrances as immediately before the pasc,ing
of this Act affected the shares for which the same is substituted, and 5
so as to give effect to and not revoke any testamentary disposition
of or affecting the same.
22. The Company shall call in and cancel the existing certificates
of shares in the Limited Company, and issue in lieu thereof
certificates in the form and under the conditions prescribed by "The 1 O
Companies Clauses Consolidation Act, 1845," but the holders of
such existing certificates of shares will not be entitle<l 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 proYed t-o 15
the reasonable satisfaction of the Company the loss or destruction
thereof.
23. The Company shall not in any one year make· out of their
profits any larger dividends on the new capital to be raised under
the powers of this Act than seven pounds in respect of every 20
one hundred pounds actually paid up of such capital as shall be issued
as ordinary capital, or six pounds in respect of every one hundred
pounds actually paid up of such capital as may be issued as preference
capital.
24. The Company may raise the new capital not exceecling 25
twenty thousand pounds by the issue of ordinary shares or of ordinary
stock, or of preference shares or of preference stock, or by any one
or more of those modes.
25. Any shares in the new capita], whether ordinary or preference,
issued under this Act, shall be of a nominal amount not less than ten 30
pounds.
26. Except the old shares the Company shall not issue any
share created under the authority of this .Act, nor shall any such
share vest in the person or corporation acc(!pting the same unless arul
until a sum not being less than one-fifth of the amount of such share ~.-.
is paid in respect thereof.
The Longwood Gas Act, ·1875. 13
27. One-fifth of the amount of a share shall be the greatest Call~.
amount of a call, and three months at least shall be the interval
between successive calls, and three-fourths of the amount of a share
shall be the utmost aggregate amount of the calls made in any
. 5 year upon any share.
28. If any money is payable to a shareholder being a minor,
idiot, or lunatic, the receipt of the guardian or committee of his estate,
shall be a sufficient discharge to the Company.
Rcc1·i~,t ia
case of
person~ not
sni juri~.
29. In case in any year the net revenue of the Company Divi?ends
. . "d ll . ffi . l f JI on different 1 O applicable to d1v1 end sha be msu c1ent to pay t ie u amount of clas:ies of
the prescribed maximum rate of dividend on each class of ordinary shareks ort
i;1toc • to ie
stock or shares in the capital of the Company, a rateable deduction paid
shall be made in the dividends of each class. rateably.
30. The Company may at any time, and from time to time after
15 the passing of this Act, borrow on mortgage, in respect of the original
capital of twenty-four thousand pounds any sum not exceeding in the
whole six thousand pounds.
31. In · addition to the sum of six thousand pounds which the
Company are authorized to borrow by the last preceding section,
20 they may from time to time borrow on mortgage, in respect of the
new capital of twenty thousand pounds by this Act. authorized fo be·
raised by shares or stock, any sums not exceeding in the whole five
thousand pounds at the time or times after mentioned (that is to
say) when five thousand pounds of the new capital shaU have been
2.5 issued and accepted, and one-half thereof shall have been paid up
and certified as hereinafter mentioned, one thou~nd two hundred and
fifty pounds, and a sum not exceeding one thousand two hundred
and fifty pounds, when and as each additional five thousand pounds
of share capital shall have been issued and accepted, and one_-half
30 thereof shall have been paid up and certified as hereinafter mentioned;
but no part of the said respective sums of one thousand two
hundred and fifty pounds bhall be borrowed until the Company have
proved to the satisfaction of a Justice, who is to certify under the
(p*) D
Power to
borrow.
Power tn
borrow in
respect \lf
new capit:~I.
Arrears uf
iuterest and
principal
may be
t>nforced by
appointment
of a
receiver.
,\ij to COil•
version of
bon·owed
money into
capital.
Priority of
mmtgages
over other
debts.
14 'Ike Longwood Gas Act, 1875.
40th section of" The Companies Clauses Consolidation Act, 1845,"
(before he so certifies), that the required amount of capital has been
issued and accepted, and that one-half thereof has been paid up, and
that not less than one-fifth part of the amount of each separate share
in the required amount of capital bas been paid on account thereof 5
before or at the time of the issue or acceptance thereof, and that
such capital was issued bon~ fide, and is held by the persons or corporations
to whom the same ,ms issued, or their executors, administrators,
successors, or assigns, and that such persons or corporations,
their executors,.administrators, successors, or assigns, are legally liable 10
for the same, and upon production to such Justice of the books of the
Company, and of such other evidence as he shall think sufficient, he
shall grant a certificate that the proof aforesaid has been given,
which shall be sufficient evide:ace thereof.
32. The mortgagees of the Company may enforce payment of 16
arrears of interest or principal or principal and interest due on their
mortgages by the appointment of a receiver. In order to authorize
the appointment of a receiver in respect of arrears of principal, the
amount owing to the mortgagees by whom the application for a
receiver is made, shall not be less than two thousand pounds in the 20
whole.
33. The Company shall pot have power to raise the money by
this Act authorized to he borrowed on mortgage, or any part thereof,
by the creation of shares or stock instead of borrowing, or to convert
into capital the amount borrowed under the provisions of this Act, 25
unless in either case all divi<l.ends upon such shares or stock, whether
ordinary or preferential, are limited to a rate not exceeding five
pounds per centum per annum.
34. All money raised or to be raised by the Company on mortgage
or debenture stock, under the provisions of this Act, shall have 30
priority against the Company, and the property from time to time
of the Company, over all other claims on account of any debts incurred
or engagements entered into by them after the p1t.ssing of this
Act: provided alway.s that this priority shall not affect any claim
against the Company or their property in respect of any rent-charge 35
granted or to be granted by them in pursuance of "'fhe Lands
Clauses Consolidation Act, 1845," or "The Lands Clauses Consolidation
Acts Amendment Act, 1860," or in respect of any rent or sum
The Longwood Gas Act, 1875. 15
reserved by or payable under any lease gr.anted or made to the Company
in pursuance of any A.et relating to the Company, which is
entitled to rank in priority to or pari passu with the interest on
their mortgages or debenture stock, nor shall anything in this section
.5 contained affect any claim for land taken, used, or occupied by the
Company for the purposes of the Company's undertaking and works, or
i)ljuriously affected by the construction thereof, or by the exercise of
any powers conferred on the Company.
35. The Company may create and issue debenture stock, subject Power to
I O to the provisions of Part III. of "The Companies Clauses Act, 1863," ~:i,~!ture
but notwithstanding anything therein contained, the interest of all stock.
debenture stock created and issued by the Company shall rank pari
passu with the interest of all mortgages granted by the Company, and
shall have priority over all principal moneys secured by such mort1.5
gages ..
36. All moneys raised under this Act, whether' by shares,
debenture stock, or borrowing, shall be applied to the purposes of this
Act only.
Apphcatio11
of rnoneyi,i.
3 7. The first ordinary meeting of the Company shall be held General
20 within six months after the 'passing of this Act and the future meetings.
ordinary meetings of the Company shall be held in the month of
September in every subsequent year, or in such other month in every
subsequent year as the Company by the resolution of an extraordinary
general meeting shall from time to time determine.
25 38. The quorum to constitute a general meeting, whether Quorum of
ordinary or extraordinary, of the Company shall be ten shareholders meetiiig-R.
holding in the aggregate not less than two thom,and pounds nominal
value in the capital of the Company.
39. The number of shareholders who may require an extra- Extra30
ordinary meeting to be convened shall not be less than ten, holding or<lin~y
meetmg in the aggregate not less than frrn thousand pounds nominal value conveuhl
in the capital of the Company. by sliare- holders.
40. The number of directors shall be seven, but the Company
may from time to time reduce the number, provided that the number
35 be not less than three.
Numtx•r vt
directrm1.
Qualification
of
directors.
Qaorum e,f
directors.
Fin~i
directors.
Auditors
11ot required
to hold
shares.
Remuueration
of
,Ji rectors
and
aulliton,.
Powers as
to construction

and m&intenance
of
gas works,
&u
16 The Longwood Gas Act, 1875.
41. The qualification of a director shall be the possession in
his own right of not less than two hundred and fifty pounds paid
up in the capital of the Company.
42. The quo111m of a meeting of directors shall be four, and if
the number of directors be reduced to three, the quorum shall be
two.
43. William Haigh Dyson, Edward Armitage, Amos Brook,
Ben Haigh, ,vmiam Hall Hattersley, Law Heppenstall, and Jabez
Shaw shall be the first directors of the Company, and shall continue
5
in office until the first ordinary meeting held after the passing J <•
of this Act. At that meeting the shareholders present, in person
or by proxy, may either continue in office the directors appointed by
this Act, or any of them, or may elect a new body of directors, or
directors to supply the place of those not continued in office, the
Jirectors appointed by this Act being, if qualified, eligible for reelection
; and at the first ordinary meeting to be held in eve1·y year
after the first ordinary meeting, the shareholders present, in person
or by proxy, shall, subject to the power hereinbefore contained for
reducing the number of directors elect persons to supply the places
l 5 ·
of the directors then retiring from offi~e agreeably to the provisions 2(1
of "The Companies Clauses Consolidation Act, 1845," and the
several persons elected at any such meeting, being neither removed,
nor disqualified, nor having died or resigned, shall continue to be
directors until others are elected in their stead in manner provided
in the same Act.
44. The auditors need not hold shares in the Company.
25
45. The remuneration of the directors and auditors, not exceeding
in the whole the mm of two hundred and fifty pounds per
annum, shalJ, from time to time, be fixed at one of the annual general
meetings of the Company, and shall be paid out of the sums :w
receivable under this Act.
46. Subject to the provisions of this Act, the Company may
from time to time maintain, alter, improve, enlarge, extend, and
renew, or discontinue their exi-;ting gas works 1ipon the lands upon
which the same are erected, or any part thereof, and which are firstly
The Lmgwood Ga, Aot, 1875. 17
described in the Schedule to this Act, and also upon the other lands
described in such Schedule, and they may also erect, lay down, provide,
and from time to time maintain, alter, improve, enlarge, extend,
and renew, or discontinue additional and other gas works, retorts,
5 gas holders, with all necessary machinery and other works, apparatus,
and conveniences, and may do all such acts as they may think proper
for making and storing gas, and for supplying gas within the limits
of this .A.et, and may make, store, and supply gas accordingly, and
may manufacture, sell, provide, supply and deal in coal and the pro10
ducts or residuum of any materials employed in or r,esulting from
the mannfacture of gas, and in all such meters, fittings, tubes, pipes,
and other articles and things in any way connected with gas works, or
with the supply of gas as they may from time to time think fit ..
4 7. In laying down any mains and pipes, or in executing any For pro15
works under the powers conferred by this .A.et across or in any way :it1~n~~m
affecting any railway or canal belonging to, or worked by the London a~d North
and North W est.ern Railway Compan:v, or any of the bridges or works ;Jt~;1
thereof, or any lands or property belonging to, or occupied by that Com- Company.
pany, the same shall be done under the superintendence, and to the
20 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 interrup25
tion 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.
30 48. The Company, in the event of their acquiring any portion Space abutof
the land secondly described in the schedule to thil Act, situate ting on Via- • . . duct of within a dIStance of twenty-five feet from the northern outside wall of London and
the viaduct at Milnsbridge of the London and NorthWestern Railway Nt orthR,~I· es- ern ,ai -
Company, shall, at any time within the period of three years from the way Com35
passing of this Act, on receiving from the said Railway Company ~N~s~t
three calendar months' previous notice in writing under their common bridge.
seal, sell the same to that Company at a price to be ascertained, in
(p•) E
18 The Long11Jood, Gtu A.et, 1875.
case of dHference~ by arbit,ration, fo tbe manner provide(! by C( The
Lands Clauses. Consolidation A.et, 1845," for determining queatiootl of
disputed compensation.
For_pro- 49. By way of addition to, and not ia dimin,;.tioll or restriction
:!~, 0
Lc., of " The Gaswor~ Ola.uses Act, 184: 7.,'' with respect to the interference 5
1d·n H6
ud- with, and restore:tion and repair of roiads; or ineideat thelteto, the ers eld. J! I . . . 101 owing prov1S1ons ~hall with respect to roads or etreeta, sewers,
.· ' .
drains, and water•pipes \\ithin the borough have effect, namely ~-
1. In OMning and breaking up any streets and bridges, ~tuate
within the borough, the same shall be done underth~S'Dper- 10
intendence, and to the reasonable Mtisfa.ction <,f the surveyor
of the borough, and according to plans to be -submitted to,
and reasonably approved of by him before. any such works
are commenced, and such works shall be exeeutecl by, and at
the expense of the Company, and so as not to damage or 15
interfere with any of the sewers, drains, or waterpipes belonging
to the Corporation lying under the said streets and
bridges without their consent, and if any dam.age shall be
done to any such sewers, drains, or wa.terpipes, the Company
shall make compensation to the corporation in respect ()f 20
such damage, and in default of payment of such compensation
after demand thereof in writing by the Town Clerk of
the BOt'ough, the same shall be recovered in any Court of
compet.ent jurisdiction.
2. A clear and sufficient carriage way shall be kept for the pas- 26
sage of carriages and traffic along every such road or
street during any interference therewith by the Company
for the purposes of this Act ; and in case of defaul~ of compliance
with this enactment, the Corporation may by their
own servants and workmen clear, and keep clear, such car- 30
riage way, and may recover the expenses of, and incident
thei"eto, from the Company in any court of competent
jurisdiction.
3. The trenches and works in upon or under any road or street
within the borough for any mains, pipes, or works executed 35
under the authority of this .Act shall be executed in such
lines and within such limits in, upon, or under such road or
street, and except in cases of emergency at or within such
6
10
15
:?O
The Longwood Gas Act, 1875. 19
times or seasons of the yeaT as shall be from time to time
prescribed by the Corporation by notice in writing under
the hand of the said Town Clerk or Borough SUTVeyor, and ·
no greater l~ngth than one hundred yards of any such road
or street, shall be broken up by the Company ~t any one
place at any one time without the consent of the Corporation,
nor without the like consent shall any works be carried on
at the same time or upon or under any road or street within
the borough at a less inteTVa1 than two hundred yards from
each other; and in case any trench, or cntting, Clll any sneh
road or street shall be flooded with water, the Company
shall not cast the same upon any part of such road or street,
hut shall by proper means convey such water to sueh sewer,
drain, or channel, as shall be reasonably pointed out and
required by the said porough Surveyor.
4. The Company shall pay to the Corporation full compensation
for all damage, if any, occasioned by the execution of any
works by this Act authorized, to those parts .of the roads
and streets in the Borough, in -0r through which any mains
authorized by this Act shall be laid, which may not be
actually broken up, but which, by reason of the increased
traffic. caused thereon, may be prejudicially affected by such
works ; and if any dispute shall arise as to whether any sue.a
damage has been so occasioned, or as to the a.mount of such
compensation, .every such dispute shall be settled by arbitration
in the manner provided by " The Lands Clauses
Consolidation Act, 1845.''
50. Subject to the provisions of this .Act the Company may PowPr tn
purchase, use, and take {by agreement only) for the purposes of their f~~~!'.""0
30 undertaking, the lands shown on the deposited plans, and described
in the deposited books of reference, and secondly, described in the
Schedule to this Act.
51. The Company may purchase (by agreement) and hold the Power to
fee simple of the land firstly described in the Schedule to this Act, purchase
35 and for the purpqses of their undertaking may purchase, take, and ~~!!nt
hold (by agreement), in addition to the' lands described in the Schedule
to this Act, any lands and hereditaments, not exceeding in the whole
three acres, which the Company may from time to time require for
Power to
lay pipes
against
buildings.
Power to
contract
with public
bodies.
Power to remove
meters, &c.
from
unoccupied
buildings.
Limiting
the price of
gas.
20 The Longwood Gas Act, 1875.
the purposes of their works and undertaking, but the Company shall
not manufacture gas or residual products except upon the lands
described in the schedule to this Act.
52. The Company, with the consent of the owner and occupier
of any building, may lay any pipe, branch, or any other necessary 6
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 any apparatus necessary for securing to snch
building a proper and complete supply of gas, and for measuring and
ascertaining the extent of such supply, and may from time to time 10
with the like consent repair, replace, alter, discontinue, and remove any
such pipe, branch, or apparatus.
53. The Company may from time to time enter into, and carry
into effect, contracts with any sanitary orother local authority within the
limits of this Act, with respect to the supply of lll.mps, lamp posts, 15
gas fittings, or meters of the Company, and the lighting, extinguishing,
and keeping clean the public lamps from time to time required by
such sanitary or local authority to be lighted, on such terms and
conditions as they think fit, and otherwise as shall from time to
time be agreed upon between such sanitary or local authority and the 20
Company.
54. In all cases in which the Company are authorized to cut off,
and take 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 to the owner twenty- 25
four hours' previous notice in writing, duly authtmticated by serving
such notice on him, or if the owner be not known to the Company,
by affixing the same for three days on some conspicuous part of such
house, building, or premises may enter into and upon the same
between the hours of nine in the forenoon and four in the afternoon, 30
and remove and_ carry away any }Jipe, meter, or fittings, or ether
works, the property of the Company.
55. The price to be charged by the· Company for gas supplied ·
by them shall not at any time exceed five shiJlings per one thousand
cubic feet. Provided that the price to be charged by the Company :SS
for gas supplied by them in that part of the township of Lindley-cum-
The Longwood Gas Act, 187 5. 21
Quarmby, in the borough which is within the limits of supply
authorized by this Act, shall not exceed the price for the time being
charged by the Corporation for gas supplied by them to consumers in
the other parts of the said township.
5 56. Subject to the provisions of this Act the Company may (but Power to
only for the purposes of the Company within the limits of this Act, 1
t~ke 1cences.
and n9t so as to acquire any exclusive right therein) contract for, take
and use any leave, licence, or authority to work, use, exercise, or put
in practice any invention under any letters patent heretofore made or
1 O hereafter to be made, granting any right or privilege of working,
using, or vending any invention in relation to the manufacture or
distribution of gas, or the conversion, manufacture, or utilization of
the products obtained from the. manufacture of gas or the materials
used therein.
15 57. All gas supplied by the Company to any consumer of gas, Pressure of
shall be supplied at such pressure as to balance a column of water from gas.
midnight to sunset not less than six-tenths of an inch, and from sunset
to midnight not less than eight-tenths of an inch in height at the
main as near as may be to the junction therewith of the servi1:c pipe
20 supplying such consumer, and any gas examiner appointed under " The
Gasworks Clauses Act, 1871 "may, subject to the terms of his appointment,
from time to time test the pressure at which the gas is supplied,
and may for that purpose open any street, road, passage, or place
vested in or under the control of any local or road authority, and the
25 provisions of "The Gasworks Clauses Act. 1871," with reference to
testing of gas, and to penalties shall mutatis mutandis apply to such
testing of pressure, a~d two hours' previous notice shall be given to
the Company of the time and place at which such testing shall be
conducted,
30 58. The prescribed number of candles shall be fourteen. Quality of
ga~.
69. Within three months from the passing of this Act, a testing Tc,,..ti11gplace
shall be provided at the works of the Company. · placi·.
60. The prescribed burner shall be Sugg's London .A.rgand
burner, number I, with a six-inch by one and three-quarter inch glass
(p*) F
Buruer.
Security for
payment of
g-a.e rPnts.
Company
to pay i11-
h'rl'$lt 011
111011ey dcposit-t·d
ai;
s;icurity.
A uthcntir:ation
of
notices.
22 The Longwood Ga.s Act, 1875.
chimney, but if at any time the gas flame tail over the top of that
glass, a six-inch by two-inch chimney shall be used, or such other
improved burner as shall be capable of producing the greatest amount
of light from the said gas.
61. Any person having, or requesting to have, a supply of gas 5
from the Company, shall, if and when so required by the Company,
and before he is entitled to have any service pipes and meter provided
and fixed, or to have a supply or further supply of gas, give the
Company such security for the payment. of one year's rent or charge
for the gas to be supplied to him as he and the Company may agree 10
upon, or as, in default of agreement, shall be determined in the manner
provided by "The Gasworks Clauses Ac~, 1871,'' for determining the
amount of security to be given for the use of meters supplied by the
Company ; and the Company shall be liable to a penalty not
exceeding five pounds if they shall discontinue the supply of gas to 15
any person then having a supply, unless such person shall have failed
to give them such security for seven days after the same shall have
been demanded .by the Company.
62. If any person is required by the Company to give to them
security as hereinbefore mentioned, the Company shall, in the event 20
of such security being a sum of money deposited with the Company, •
pay interest after the rate of five pounds per centum per annum
on every sum of ten shillings deposited by way of such security
during such time as the said money shall _be so deposited, and such
interest shall be payable half-yearly, subject, however, to the right 25
of the Company to set off the same against any money due to the
Company from such person.
63. Any summons, warrant, demand, or notice, or other such
document to be issued or given for any of the purposes of this Act, may
be in writing, or print, or partly in writing or partly in print, and if the 30
same require authentication by the Company, the signature thereof
by the Secretary to the Company shall be a sufficient authentication.
Liability to 64. A Justice or Judge of any Court shall not be disqualified
gasd_rentl~fot from acting in the execution of this Act by 1eason of his being liable ~~MIY •
ju;itice, &c. to the payment of any gas rent, meter rent, rnte or charge under tb1s 35
Act.
The Longwood Gas Act, 18'75. 23
65, Every penalty imposed by this .A.et shall ( except where
otherwise expressly provided, and except where the Company shall
be the party by whom_ the penalty has to be paid) be paid to
the Company.
Application
of penalties.
5 66. All costs, charges, and expenses of, and preliminary and Costs of
incident to, the preparing for, obtaining, and passing of this Act or Act.
otherwise in relation thereto shall be paid by the Company.
Tlie Longwood Gas Act, 1875.
The SCHEDULE to the foregoing A~t.
(1.) The e:r:isting Gas Land of the C<nnpany.
All that piece or parcel 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 bo~ded as follows, that is to
11&y 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 and Crosland, on or towards the
south and south-west by a public highway called Dale Street, lea~g
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 Savile, and now or late in the
occupation of Benjamin Hanson, William Edwards Hirst, Henry
Hanson, and Benjamin Byram Hanson, and containing 3 acres, 1 rood,
and 33 perches or thereabouts, and bounded on or towards the north
and east by the said public highway called Dale Street, leading from
· Lougwood to Milnsbridge, on or towards the west by an occupation
road leading from Mill Row, in Golcar, in a north-westerly direction,
and on or towards the south by the viaducts of the London and
North W estcrn Railway Company (Huddersfield and Manchester
section).

Longwood Gas Act of 1875

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