Provisional Orders Confirmation (No. 7). A.D. 1927. per centum per annum shall be paid by the Undertakers without the consent of the Minister in respect of any moneys borrowed Combe Down by the Undertakers and secured as aforesaid after the commencement of this Order. and District Order. Application of money. Power to acquire lands and easements. Power to 9. All moneys raised for the purposes of this Order including 5 premiums shall be applied only to purposes of the Undertaking to which capital is properly applicable and any sum of money which may arise by way of premium from the issue of shares for the purposes of this Order shall not be considered as part of the capital of the Undertakers entitled to dividend. 10 10. The Undertakers may by agreement purchase take on lease acquire and use any lands and any easements rights or privileges (not being easements rights or privileges to take water in which persons other than the grantors have an interest) in over or affecting any lands which they may require for the 15 purposes of the undertaking Provided always that they shall not create or permit a nuisance on any lands held by them and that they shall not at any time purchase for such purposes more than fifteen acres of land in addition to the lands described in the Schedule to this Order. 20 11. The Undertakers may hold any lands belonging to them hold lands or acquired by them which they may deem necessary for the for protection of purpose of protecting their waterworks against pollution fouling waterworks. and contamination and so long as such necessity shall continue such lands shall not be deemed to be superfluous lands within 25 the meaning of the Lands Clauses Acts but the Undertakers shall not create or permit a nuisance on any such lands and shall not erect any buildings thereon other than offices and dwellings for persons in their employ and such buildings and works as may be incident to or connected with the undertaking. 30 Persons under disability may grant ease. ments &c. Power to maintain &c. waterworks. 12. Persons empowered by the Lands Clauses Acts to sell and convey or release lands may if they think fit subject to the provisions of those Acts and of this Order grant to the Undertakers any easement right or privilege (not being an easement right or privilege of taking water in which persons other than 35 the grantors have an interest) required for the purposes of this Order in over or affecting any such lands and the provisions of the said Acts with respect to lands and rentcharges so far as the same are applicable in this behalf shall extend and apply to such grants and to such easements rights and privileges as afore- 40 said respectively. 13. (1) The Undertakers may in upon or under the lands in upon or under which the same are now respectively situate so long as they are possessed of the said lands or any necessary rights or easements therein maintain and continue the existing 45 waterworks hereinafter described and may from time to time alter enlarge renew and improve the same. 5 10 15 20 25 30 135 40 45 Provisional Orders Confirmation (No. 7). The existing waterworks hereinbefore referred to are situate A.D. 1927. in the County of Somerset and are Combe Down Order. Work No. 1 A pumping station situate partly in the and District Work No. 4 A line or lines of pipes situate in the said Work No. 5 A tank or reservoir situate in the Parish of Work No. 6 A tank or reservoir situate in the City and A.D. 1927. Combe Down and District Order. Subsidiary works. Power to take water. As to exercise of powers of section 12 of Waterworks Clauses Act 1847. Provisional Orders Confirmation (No. 7). Claverton partly in the Parish of Bathampton all in the Rural District of Bath commencing at the pumping station Work No. 1 herein before described and terminating in the said tank or reservoir Work No. 5 herein before described. 5 Work No. 8 A line or lines of pipes situate partly in the (2) The Undertakers may also maintain continue alter 14. In addition to the foregoing works the Undertakers may upon the lands described in the Schedule to this Order so long as they are possessed of the said lands or of any necessary rights or easements therein make and maintain all such new and 25 additional cuts channels catch-waters tunnels adits pipes conduits culverts drains sluices bye-washes shafts wells bores watertowers over-flows waste-water channels gauges filter-beds tanks banks walls bridges embankments piers approaches engines machinery and appliances and buildings as may be necessary 30 or convenient in connection with or subsidiary to the beforementioned works or any of them Provided that nothing in this article shall exonerate the Undertakers from any indictment action or other proceeding for nuisance in the event of any nuisance being caused or permitted by them. 15. The Undertakers may subject to the provisions of this Order pump collect impound take use divert and appropriate for the purposes of the undertaking all such springs streams or waters as may be intercepted by the works by this Order authorised to be constructed or maintained. 35 40 16. The Undertakers may on all or any of the lands for the time being held by them in connection with the Undertaking execute for the purposes of or in connection with the Undertaking any of the works mentioned in section 12 of the Waterworks Clauses Act 1847 (other than wells and works for taking 45 and intercepting water) Provided that the Undertakers shall Provisional Orders Confirmation (No. 7). A.D. 1927. not under the powers of this article create or permit the creation Combe Down or continuance of any nuisance on any such lands. and District Order. 17. The Undertakers shall not construct any works for Limiting taking or intercepting water from any lands acquired by them powers of Undertakers 5 unless the works are authorised by and the lands upon which to abstract the same are to be constructed are specified in this or some other water. Order or in an Act of Parliament. 18. Subject to the provisions of the Waterworks Clauses Detection of Act 1847 the Undertakers may for the purpose of preventing waste. 10 and detecting waste affix and maintain meters and similar apparatus on the service pipes and mains of the Undertakers and stop-cocks in the pipes supplying houses with water and may insert in the roads or footways the necessary covers or boxes for giving access and protection thereto and may for that 15 purpose break up and interfere temporarily with public and private streets roads lanes footways courts passages tramways gas or water pipes electric and other lines wires and apparatus Provided that the Undertakers shall not interfere with any telegraphic line (as defined by the Telegraph Act 1878) belonging 20 to or used by the Postmaster-General except in accordance with and subject to the provisions of the Telegraph Act 1878. streams. 19. (1) For the purpose of constructing enlarging extending Temporary repairing cleansing emptying or examining any of the works discharge of by this Order authorised to be constructed or maintained the water into 25 Undertakers may cause the water in such works to be temporarily discharged into any available stream or watercourse Provided that the Undertakers shall not cause to be discharged into any such stream or watercourse any water which is in a turbid condition or contains any silt or deposit. 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 35 with the provisions of the Arbitration Act 1889. (3) The powers conferred by this section shall not be exercised so as to damage or injuriously affect the railways or works of any railway company. streets not to public 20. The Undertakers may on the application of the owner Power to 40 or occupier of any premises within the limits of supply abutting lay pipes in on or being erected in any street laid out but not dedicated to public use supply those premises with water and for that purpose the Waterworks Clauses Act 1847 shall apply as if section 29 of use. that Act were excepted from incorporation in this Order: 45 Provided that the powers of this article shall not be exercised in regard to any street belonging to or forming the approach to dedicated A.D. 1927. and District Order. Provisional Orders Confirmation (No. 7). a railway station or depôt of the Southern and London Midland Combe Down and Scottish Railway Companies except with the consent of those companies but such consent shall not be unreasonably withheld nor shall the Undertakers in carrying out any works authorised by this Order unreasonably obstruct or interfere with the access 5 to any such street. Power to construct mains in the City of Bath. Differences with road authority or railway or other company. Limits of pressure. Rates for supply for domestic purposes. 21. Subject to the provisions of this Order the Undertakers may within such parts of the City of Bath as are shown coloured red and green on the plan hereinafter referred to lay down and repair alter take up relay or renew mains pipes conduits and 10 other works and apparatus for the purpose of supplying water within the limits of supply or for conveying water to any part of the limits of supply The plan above referred to is a plan signed in duplicate by Samuel Pim Jackson on behalf of the Undertakers and by John Basil Ogden on behalf of the Mayor 15 Aldermen and Citizens of the City of Bath one copy of which has been deposited in the registered office of the Undertakers and the other copy with the Town Clerk of Bath. 22. If any difference arise between the Undertakers and any road authority railway canal or other company whose lands 20 or works the Undertakers have power to cross under the authority of this Order for the purpose of meeting the demands for water within the limits of supply as to the mode of laying down repairing altering or enlarging their conduits or pipes or as to the facilities to be afforded for the same or as to any other matter 25 herein referred to the same shall unless otherwise provided by this Order be settled by an engineer to be appointed by the Minister at the request of either party and subject as aforesaid the provisions of the Arbitration Act 1889 shall apply to any such reference to arbitration. 30 23.-(1) The water supplied by the Undertakers need not be constantly laid on under pressure between the hours of 8 p.m. and 6 a.m. when pumping is required to afford the supply or be delivered at a greater height than can be reached by gravitation from the reservoir or tank from which the supply is taken and 35 it shall be in the discretion of the Undertakers in every case to determine the particular reservoir or tank from which the supply is to be taken. (2) For a period of two years after the commencement of this Order the water supplied by the Undertakers in the Parish 40 of Hinton Charterhouse need not at any time be laid on under pressure. 24. The Undertakers shall at the request of the owner or occupier of any house or part of a house entitled under the provisions of this Order to demand a supply of water for domestic 45 purposes furnish to such owner or occupier a sufficient supply of |