Provisional Orders Confirmation (No. 8).

premium from the issue of shares or stock under the provisions A.D. 1926. of this Order shall not be considered as part of the capital of the Undertakers entitled to dividend.

Heathfield and District Order.

37. Notwithstanding anything contained in the Companies 5 Clauses Consolidation Act 1845 or in any Act or Order relating Ordinary to the Undertakers the ordinary general meeting of the Under- meetings. takers shall be held in each year in the month of February or March or at such other time as the directors of the Undertakers may appoint and it shall not be obligatory on the Undertakers 10 to hold half-yearly general meetings or to balance their accounts or make up a balance sheet half-yearly.

38. The directors of the Undertakers may in any year Interim declare and pay an interim half-yearly dividend on any class dividends. or classes of shares or stock in the capital of the Undertakers 15 out of the profits of the Undertakers without the sanction or direction of a general meeting but no such half-yearly dividend shall exceed one-half of the prescribed maximum rate of dividend payable on such shares or stock.

books.

39.-(1) The directors of the Undertakers may close the Closing of 20 register of transfers of any ordinary or preference shares or transfer stock of the Undertakers for a period not exceeding fourteen days previous to the declaration of any interim dividend on any such ordinary or preference shares or stock and may close the register of transfers of debentures or debenture stock of the 25 Undertakers for a period not exceeding fourteen days previously to the payment of any interest on any such debentures or debenture stock and the directors may in any such case fix a day for the closing of any register which they are authorised to close under the provisions of this Article.

30

(2) Seven days' notice of the closing of any such register shall be given by advertisement in some newspaper published or circulating within the limits of supply and any transfer of any ordinary or preference shares or stock lodged for registration with the Undertakers while the transfer books relating to such 35 ordinary or preference shares or stock are so closed and any transfer of any debentures or debenture stock lodged for registration with the Undertakers while the transfer books relating to such debentures or debenture stock are so closed shall as between the Undertakers and the person claiming under 40 any such transfer but not otherwise be considered as made subsequently to the declaration of any such dividend or the payment of any such interest as the case may be.

40. Notwithstanding anything contained in the Companies Joint Clauses Consolidation Act 1845 where several persons are jointly holders. 45 entitled to and registered as holders of any shares or stock in the capital of the Undertakers or are the executors or administrators

Order.

Provisional Orders Confirmation (No. 8).

A.D. 1926. of a deceased person who was at the time of his death so entitled and registered any one of those persons may vote at any meeting Heathfield at which holders of shares or stock of the same class are entitled and District to vote either personally or by proxy in respect of the shares or stock as if he were solely entitled thereto but if more than 5 one of the joint holders be present at any meeting personally or by proxy that one of the said persons so present whose name stands first on the register in respect of the shares or stock shall alone be entitled to vote in respect thereof Several executors or administrators of a deceased member in whose name any 10 share or stock stands shall for the purposes of this Article be deemed joint holders thereof.

As to appointment of proxies.

Penalty for closing valves and apparatus.

Recovery of penalties.

Recovery of demands.

41. Notwithstanding anything in the Companies Clauses Consolidation Act 1845 the attorney of any shareholder or stockholder duly authorised in writing may appoint a proxy to 15 vote for and on behalf of the shareholder or stockholder and for that purpose may execute on behalf of the shareholder or stockholder the necessary form of proxy:

Provided that the instrument appointing the attorney shall be transmitted to the secretary of the Undertakers at the same 20 time as or before the instrument appointing the proxy.

42. Every person who shall wilfully (without the consent of the Undertakers) or negligently close or shut off or interfere with any valve cock or other work or apparatus belonging to the Undertakers whereby the supply of water shall be interfered 25 with shall (without prejudice to any other right or remedy of the Undertakers) be liable on conviction to a penalty not exceeding five pounds and the Undertakers may in addition thereto recover the amount of any damage by them sustained Provided that this Article shall not apply to a consumer closing 30 a valve fixed on his communication pipe.

43. Save as otherwise expressly provided by any Act or Order from time to time relating to the undertaking all offences against and all penalties forfeitures costs and expenses imposed or recoverable under any such Act or Order or any byelaw 35 made in pursuance thereof may be prosecuted and recovered in a summary manner Provided that costs or expenses except such as are recoverable along with a penalty shall not be recovered as penalties but may be recovered summarily as civil debts.

40

44. Proceedings for the recovery of any demand made under the authority of any Act or Order from time to time relating to the undertaking or any incorporated enactment whether provision is or is not made for the recovery in any specified court or manner may be taken in any county court having 45 otherwise iurisdiction in the matter provided that the demand

5

10

Provisional Orders Confirmation (No. 8).

does not exceed the amount recoverable in that court in a personal action.

A.D. 1926.

Heathfield

45. The following provisions of the Act of 1913 are hereby and District repealed :Order.

Section 9 (New shares or stock to be sold by auction or Repeal.

Section 46

Section 52

Section 64

tender);

(Limiting powers of Company to abstract
water);

(Power to sell lands not required for under-
taking);

(Supply to houses partly used for trade &c.).

46. All the costs charges and expenses of and incidental to Costs of the applying for preparing obtaining and confirming this Order Order. and otherwise in relation thereto shall to the extent of one-third 15 thereof but not exceeding the sum of one hundred and fifty pounds be paid by the Ticehurst Rural District Council and as to the balance thereof shall be paid by the Undertakers and may be paid by the Undertakers as part of their expenses on revenue

20

account.

Given under the Official Seal of the Minister of Health this
Sixth day of April One thousand nine hundred and
twenty-six.

Ordered, by The House of Commons, to be l'rinted, 23 June 1926.

Provisional Orders Confirmation (No. 9). [H.L.]

A

BILL

INTITULED

An Act to confirm certain Provisional Orders of A.D. 1926. the Minister of Health relating to Thorne and

District Water Trowbridge Water and Woking-
ham District Water.

WHEREAS the Minister of Health has made the

Provisional Orders set forth in the schedule

hereto under the provisions of the Gas and Water Works 33 & 34 Facilities Act 1870 and the Gas and Water Works Vict. c. 70.

5 Facilities Act 1870 Amendment Act 1873:

And whereas it is requisite that the said Orders should be confirmed by Parliament :

Be it therefore enacted by the King's most Excellent Majesty by and with the advice and consent of the Lords 10 Spiritual and Temporal and Commons in this present Parliament assembled and by the authority of the same as follows:

36 & 37 Vict. c. 89.

1. The Orders as amended and set out in the schedule Orders in hereto shall be and the same are hereby confirmed and all schedule confirmed. 15 the provisions thereof shall have full validity and force.

2. This Act may be cited as the Ministry of Health Short title. Provisional Orders Confirmation (No. 9) Act 1926.