A.D. 1923.

Calne

Order.

Short and collective titles.

Commence

ment of Order.

Incorporation of Acts.

Interpretation.

Provisional Order (Calne Water).

SCHEDULE.

CALNE WATER.

Provisional Order under the Gas and Water Works
Facilities Act 1870 and the Gas and Water Works
Facilities Act 1870 Amendment Act 1873 for em- 5
powering the Calne Waterworks Company Limited
to maintain and continue waterworks for increasing
the rates leviable by and the capital of the Company
and for other purposes.

The Minister of Health in pursuance of the powers given 10
to him by the Gas and Water Works Facilities Act 1870 the
Gas and Water Works Facilities Act 1870 Amendment Act 1873
and of all other powers enabling him in that behalf hereby orders
as follows:-

1. This Order may be cited as the Calne Water Order 1923 15 and the Calne Water Order 1882 and this Order may be cited together as the Calne Water Orders 1882 and 1923.

2. This Order shall come into force and have effect upon the day when the Act of Parliament confirming this Order is passed which date is hereinafter referred to as the commence- 20 ment of this Order."

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3. The provisions of the Lands Clauses Acts (except with respect to the purchase and taking of lands otherwise than by agreement and with respect to the entry upon lands by the promoters of the undertaking) and of the Waterworks Clauses 25 Acts 1847 and 1863 are except where the same are expressly varied by this Order hereby incorporated with and form part of this Order:

Provided that Section 44 of the Waterworks Clauses Act 1847 shall for the purposes of this Order have effect as if the words 30 with the consent in writing of the owner or reputed owner of

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any such house or of the agent of such owner were omitted therefrom.

For the purposes of such incorporation the term "specia! Act" in the said Acts shall be construed to mean this Order.

4.-(1) In this Order unless the context otherwise requires— "The Order of 1882 " means the Calne Water Order 1882 which was confirmed by the Water Orders Confirmation Act 1882;

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"The Undertakers means the Calne Waterworks Com- 40 pany Limited.

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Provisional Order (Calne Water).

(2) The several words terms and expressions to which by A.D. 1923. the Acts incorporated with this Order and by the Gas and Water Works Facilities Act 1870 meanings are assigned have in this Order the same respective meanings.

Calne Order.

works.

5. The construction by the Undertakers of the following Confirmaworks is hereby confirmed and the same shall form part of the tion of undertaking of the Undertakers as if the same had been authorised existing by the Order of 1882 The said works are situate at Calstone in the Parish of Calne Without in the County of Wilts and are 10 as follows (namely) :

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(1) An intake on the River Marden at a point ninety-eight
yards or thereabouts measured in a north-easterly
direction along the northern bank of the said river from
the point where the said river enters the reservoir
known as the Old Mill Pool.

(2) A line of earthenware pipes nine inches in diameter and
four hundred and four yards or thereabouts in length
commencing at the said intake and terminating in the
ramhouse hereinafter described together with a feed-
well for the rams hereinafter described on the said line
of pipes.

(3) A line of pipes partly of earthenware nine inches in
diameter and partly of iron eight inches in diameter
and sixty-one yards or thereabouts in length commencing
at the tank or service reservoir authorised by the Order
of 1882 and terminating at the said ramhouse together
with a feed-well for the rams hereinafter described on
the said line of pipes.

(4) A ramhouse and hydraulic rams having a joint maximum
hourly capacity of six thousand gallons situate at a
point forty-four yards or thereabouts measured in a
westerly direction from the south-western end of the
embankment of the Old Mill Pool together with an
earthenware discharge pipe twelve inches in diameter
therefrom to the said River and an iron rising pipe six
inches in diameter therefrom to the tank hereinafter
described.

(5) A high level tank situate on the south side of an enclosure
numbered in the said Parish 795 on the Ordnance

Map (Sheet XXVII (11) Edition 1900) together with an
iron pipe six inches in diameter therefrom to the main
supply pipe of the Undertakers and an iron discharge
pipe three inches in diameter therefrom to the said River.

6. For the protection of the Most Honourable Robert Offley For protec45 Ashburton Marquess of Crewe K.G. C. and T. Harris (Calne) tion of MarLimited Pound Tayler and Collen Limited Reginald Edward quess of

Calne Order. Crewe and others.

Provisional Order (Calne Water).

A.D. 1923. Rawlings William Higgs and Keevil Brothers or other the owners
lessees or occupiers for the time being of the mills and works on
the River Marden known respectively as the New Mill Moss's
Mill Calne Town Mill Quemerford Bridge Mill Upper Quemerford
Mill and Blackland Mill and of Frances Margery Wingfield Digby 5
or other the owner or owners for the time being of the Blackland
Park Estate and her or their successors in estate lessees or assigns
(all of whom are in this Article referred to as "the Millowners ")
the following provisions shall unless otherwise agreed in writing
between the Millowners and the Undertakers have effect (that 10
is to say) :-

(1) The Undertakers shall forthwith make the reservoir
known as the Old Mill Pool (in this Article referred
to as "the compensation reservoir ") of a capacity of
not less than three million gallons and shall at all times 15
maintain the compensation reservoir of that capacity.
(2) The Undertakers shall subject as hereinafter provided
and unless prevented by any cause beyond their control
and except during such times as the compensation
reservoir is being cleaned out or under repair (which 20
cleaning and reparation shall from time to time be
completed with all practicable despatch after the
commencement thereof) allow the water in the com-
pensation reservoir to flow by means of the outlet
valve into the River Marden in as nearly as may be a 25
continuous flow per hour during the period of fourteen
hours from six in the morning to eight in the evening
on each and every day other than Sundays Good Friday
and Christmas Day (but not at any other time) Provided
that if at any time and from time to time the Millowners 30
or any person from time to time appointed in writing
by them for the purposes of this Article (in this Article
referred to as "the Millowners' representative") shall
give to the Undertakers notice in writing requiring
them to open close or regulate the said outlet valve so 35
as to discharge the water in the compensation reservoir
in any other manner or at any other time or times than
as aforesaid the Undertakers shall as from the expiration
of the period of forty-eight hours from the receipt of
such notice or as from such later time as may be specified 40
in the notice comply with the requirements of the
notice :

Provided that the Undertakers shall not be required
to perform more than two operations relating to
opening closing or regulating the said outlet valve in 45
any one day.

(3) The Undertakers shall not on any day work except
during the period of fourteen hours referred to in

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Provisional Order (Calne Water).

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Calne

Order.

subdivision (2) of this Article the rams referred to in A.D. 1923.
Article 5 of this Order or either of those rams but the
water which if such rams or either of them were worked
would run or pass through the said rams or either of
them shall be permitted to flow into the compensation
reservoir Provided that nothing in this Article shall
prevent the Undertakers from

(a) working the said rams or either of them for
short periods for testing purposes during repairs; or
(b) delivering water from their low level tank as
heretofore through their service mains at any time.
(4) (a) The Undertakers shall provide and at all times
maintain and keep in good and efficient working order
and repair a proper and efficient counter recording
water meter or meters on the main supply pipe of
the Undertakers and also proper and efficient counter
recording meters upon the service pipes of any consumers
taking supplies of water from the main supply pipe
between the said meter or meters on the said main
supply pipe and the intake works at Calstone and shall
take readings weekly of the said meter or meters and
keep a register of the same at the office of the Under-
takers at Calne for a period of one year after such
records are taken.

(b) The Millowners or the Millowners' representative
shall at all reasonable times be entitled to inspect the said
meters and test the flow and to enter upon the property
of the Undertakers for that purpose and shall be entitled
to examine the said register and take copies of or
extracts from the same.

(5) The Millowners or the Millowners' representative shall
be entitled at all times to access to the compensation
reservoir and the site of the intake works of the
Undertakers for the purpose of inspection thereof and
the Undertakers shall from time to time afford to the
Millowners or the Millowners' representative all reason-
able facilities for that purpose.

(6) The provisions of this Article shall continue to have
effect during the remainder of the term of the lease
dated the ninth day of August One thousand eight
hundred and eighty-two and made between the Most
Honourable Henry Charles Keith Marquess of Lans-
downe K.G. and the Undertakers and for any period
after the expiration or other determination (whether by
merger or otherwise) of the said term during which by
virtue of any new lease or by any other means whatsoever
the Undertakers shall continue to be entitled to hold

A.D. 1923.

Calne Order.

Limiting quantity of water to be abstracted from streams.

Limiting powers of Undertakers to abstract water.

Discharge of water into streams.

Purchase of lands by agreement.

Provisional Order (Calne Water).

and use any waterworks constructed under the powers of the Order of 1882 or of this Order but as from the date on which the Undertakers shall cease to be so entitled as aforesaid the provisions of this Article shall cease to have effect. 5 (7) The powers exerciseable under the provisions of this Article by the Millowners or the Millowners' representative shall not be exercised by the Millowners otherwise than through the Millowners' representative if and while there shall be a person appointed as 10 Millowners' representative and holding that office.

7. The quantity of water collected from the springs and streams referred to in Section 11 (Power to construct waterworks and to supply water) of the Order of 1882 and passed from the tank or reservoir also referred to in that section 15 into the service pipes and from the high level tank referred to in Article 5 of this Order or from either of those tanks or reservoirs into the service pipes shall not exceed the limit of seven hundred thousand gallons per week referred to in the proviso to the said Section 11.

8. The Undertakers shall not construct any works for taking or intercepting water from any lands acquired by them unless the works are authorised by and the lands upon which the same are to be constructed are specified in this or some other Order or in an Act of Parliament.

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9.-(1) For the purpose of executing constructing enlarging extending repairing cleansing emptying or examining any works now or hereafter belonging to the Undertakers the Undertakers may cause the water in such works to be discharged into any available stream or watercourse. 30

(2) In the exercise of the power conferred by this Article the Undertakers shall do as little damage as may be and shall make compensation to all persons for all damage sustained by them by the exercise of such power the amount of compensation to be settled in default of agreement by arbitration in accordance with 35 the provisions of the Arbitration Act 1889.

(3) The powers of this Article shall not be exercised so as to damage or injuriously affect the railways or works of the Great Western Railway Company.

10.-(1) In addition to any other lands which the Under- 40 takers are under the Order of 1882 authorised to take or purchase the Undertakers may subject to the limitation mentioned in subdivision (2) of this Article from time to time purchase take on lease or otherwise acquire by agreement and use and hold for the general purposes of their undertaking any lands and any ease- 45 ments rights or privileges (not being an easement right or privilege of water in which persons other than the parties to the