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their Proceed. F ngs.
. or become disqualified, or shall refuse or neglect to attend the meetings of 2 Geo. IV. the said committee for the space of three calendar months, it shall be lawful aus? for the said coinpany, at any general or special general meeting, to be called and held pursuant to the directions of this act, to elect some other proprietor to be a member of the said committee; and every such proprietor so elected to fill any such vacancy, shall continue in his office as a member of the said committee, so long as the person in whose place or stead he was elected would have been entitled to have continued, if such death, disquali. fication, refusal or neglect had not happened.
XLI. Provided always, and be it further cnacted, That no person shall No Person to act be eligible to be elected one of the committee for managing the affairs of as Committeethe said undertaking, unless at the time of the election he shall be entitled possessed of TWO
he election he shall be entitled mall, unless to two shares in the said undertaking.
XLIII. And be it further enacted, That the said committee of manage. Meetings of the ment shall meet within seven days after being appointed, and at their first Committee, and meeting shall elect one of the members of the said committee to be chair. Regulations for : man, and another member to be deputy chairman respectively for the time inest such committee shall continue in office; but in case the chairman so to be elected shall be absent at any of the meetings of such committee, the deputy chairman shall preside; and in case he shall likewise be absent then the menibers present at such meeting, shall, before they proceed upon any business, elect from among themselves a chairman pro tempore ; and the said committee shall hold their meetings at such place and as often as they shall think proper, but at least once in every month, and may adjourn their meetings from time to time, and from place to place, as they shall think fit; and all questions, matters and things which shall be proposed, discussed or considered by the said committee of management at any of their meetings, shall be decided and determined by the majority in number of the members then present, the number present not being less than five; and in cases of an equal number of votes upon any question, including the vote of the chairman for the time being, such chairman shall have the decisive or casting vote: and if on the day appointed for any meeting of the said committee, five members qualified to vote shall not attend, then and in every such case the meeting shall be adjourned to the following day, if not a Sunday, and if the following day shall be a Sunday, then to the next day following, - by the member or members then present; and if no member be present, then by the clerk of the said company, or such other person as shall attend in bis place; and the ehairman for the time being of the committee, or any five or more members thereof, may at any time when he or they shall think fit, call a meeting of the committee, by notice in writing, signed by such chairman, or by such five or more members, to be sent by the post or otherwise, to the residence or place of address of every member of such committee. .
XLIV. And be it further enacted, That the committee of management Power of for the time being shall have the custody of the common seal of the said Committee. company, and shall have full power and authority to meet and adjourn from time to time and from place to place as aforesaid, and also at any time to call special general meetings of the said company, for any purpose they may think proper, and to appoint the time and place of holding the general meetings, as well as any special general meetings, and to direct the affairs and business of the said undertaking, as well in issuing, receiving and lay. ing out or disposing of all sums of money to be issued or received, laid out, or disposed of for the purposes of the same, as in contracting for and pur.. chasing messuages, lands, tenements, hereditaments, materials, goods and chạttels for the use of the said undertaking, and in making and cntering into contracts or agreements for lighting the said town, lordship, liberty, and parish, or any or either of them, or any of such streets, squares, market. places, lanes, ways, and public or private houses or buildings as aforesaid, and nominating, appointing, electing, placing or displacing any officer, engineer, agent or servant of the said company, (except the treasurer or treasurers and clerk herein before directed to be appointed by a general, meeting of the said company,) with such salary, gratụities or recompence as to the said committee shall seem proper; and in ordering directing and employing the works and workmen, and in selling and disposing of all
115V articles provided, produced or manufactured under the authority of this
Same Person tot lo act as Clerk and
2 Geo. IV. act, and in making enforcing and rescinding all contracts and bargains
touching or in anywise concerning the same, subject to such orders, by. laws, rules and regulations as shall be duly made by the said company, in restraint, controul or regulation of the powers and authorities by this act granted.
XLV. Provided always, and be it further enacted, That it' shall not be
lawful for the said company to appoint the person who may be appointed Treasurer. to act as their clerk in the execution of this act, or the partner of any such
clerk, the treasurer for the purposes of this act, or to appoint the person who may be appointed treasurer, or the partner of any such treasurer,' the clerk to the said company; and if any person shall act in both capacities of clerk and treasurer, for the purposes of this act, or if any person being the partner of any such clerk, shall act as treasurer, or being the partner of such treasurer, shall act as clerk in the execution of this act, every person shall, for every such offence, forfeit and pay the sum of fifty pounds to any person or persons who shall sue for the same in any of his Majesty's courts of record at Westminster, by action of debt, or on the case, or by bill, suit or information, wherein no essoign, protection or wager of law, nor 'more
than one imparlance shall be allowed. Proceedings to - XLVI. And be it further enacted, That the orders and proceedings of
every meeting, as well of the general and special general meetings of the company, as of the committee of management, shall be entered by the clerk in a book or books to be provided and kept for that purpose, and such orders and proceedings so entered and signed by the clerk of the said com pany, and by the chairman of each respective meeting,"shall be deemed and taken to be original orders and proceedings, and shall be allowed to be read in evidence in all courts, and before all judges, justices and others; and no business shall be transacted at any special general meeting, besides the business for which it shall have been called; and no other business shall be transacted at any adjourned special general meeting than the business left unfinished at the meeting from which such adjournment took
place. Committee to
XLVII. And be it further enacted, That the said committee of management shall have full power to make such call or calls for money from the several proprietors of the said undertaking, their executors, administrators, successors and assigns, as such committee shall from time to time find're. quisite and necessary for the purposes of the said undertaking, so that no one such call do exceed the sum of five pounds for or in respect of any one share of twenty-five pounds, and so that no calls be made but at the disstance of two calendar months at least from each other; and that the sum or several sums of money, su to be called for, shall be paid into the hands of the treasurer or treasurers to the said company for the time being, at such time and place as shall be appointed by such committee, of which time
and place ten days previous notice shall be given in such manner as the On Non-paymeut said committee shall direct or appoint in that behalf; and if any person of Calls Shares to or persons shall neglect or refuse to pay his, her or their proportion of the
money to be called for by the space of twenty days next after the time appointed for payment thereof, together with lawful interest for the same from such appointed time of payment, then and in such case it shall and may be lawful to and for the said company, at some general or special general meeting to be held after such neglect or refusal, to declare all and every or any of the share or shares of such person or persons so neglecting or refusing as aforesaid to be forfeited; and from thenceforth the said share or shares so declared to be forfeited, and all the profit and benefit thereof, shall be vested in the said company, their successors and assigus,
to and for the uses and purposes of this act. No Share to be
XLVIII. Provided always, and be it further enacted, That no share or forfeited until shares of and in the said undertaking shall be forfeited, or vested in and Notice published accrue to the said company, until notice shall have been published in some in a Kingstonupon-Hull Neurs.
one or more of the newspapers published and circulated in the said town of paper.
Kingston-upon-Hull, thirty days at least before the holding of such general or special general meeting, in which notice shall be contained a 'statement and account of the money due from such persou or persons for such call or calls, in respect of his, her or their share or shares in the said uudertaking, exclusive of the interest thereon; and no such share or shares shall be for.
to or vested in the said company, if the owner or owners of such 2 Geo, IV.
shares shall, before the holding of such general or special general S of pay what shall be due thereon for such call or calls as aforesaid, and legal interest for the same, and all the expences attending the applica. tion for and advertising of the same as aforesaid.
XLIX. And be it further enacted, That when any share or shares of the Company em. said undertaking shall by virtue of this act have become forfeited to or forfeited Shares: vested in the said company as herein mentioned, then and in every such case, it shall be lawful for the said coinpany, or their committee of management for the time being, to sell or cause to be sold by public auction or private contract, and by writing under the common seal of the said company, to assign and transfer such and so many of the share or shares so become forfeited, as the same company, or their said committee of management, shall from time to time find necessary and direct to be sold, unto such person or persons as shall become the purchaser or purchasers thereof, his, her or their executors, administrators and assigns, and such assignments and transfers shall be good, valid and effectual against the previous owner or owners of every such share or shares so forfeited to or vested in the said company, and sold as aforesaid, and all persons claiming under him, ber or them: provided always, That in case the money produced by the sale of if the Purchase any such share or shares as shall be forfeited by reason of the non-payment Money for such of any call or calls as herein authorized, shall be niore than sufficient to pay more than sufliall such arrears or calls as aforesaid, and legal interest thereon, and the cient to pay the expences attending the sale or sales, the surplus of such money shall be Arrears of Calls,
and Interest and paid to the person or persons to whom such share or shares shall have belonged, on demand : provided also, That the said company, or their com- on, the Surplus
Expences there mittee of management, shall not by virtue of this act, sell or transfer, or to be paid to direct to be sold or transferred any more of such shares of such defaulter the Owner on or defaulters in payment of calls, than shall be sufficient, as near as may be, at the time of such call to pay the arrears due from such defaulter or defaulters for or on account of such call or calls, and the interest and expences attending the same; and from and after payment of all and every such call or calls, and the interest and expences as aforesaid, any share or shares vested in the said company as aforesaid wbich shall remain in their hands unsold, shall revert to and again become the property of the person or persons to whom such share or shares shall have belonged, immediately before such forfeiture as aforesaid, in such manner as if such calls had been duly and regularly paid.
L. And be it further enacted, That if any person or persons, proprietor Executors, or proprietors of any share or shares in the said undertaking, shall die Administrators,
Committees and before payment shall have been made by him, her or them of the full sum
Guardians, to be called for, in respect thereof, as herein mentioned, without having indemirified in made any sufficient provision by will or otherwise, in what manner such paying Calls. share or shares shall be disposed of, and how the future calls in respect thereof shall be answered ; or in case any proprietor or proprietors of any share or shares in the said undertaking shall become lunatic before payment shall have been made by him, her or them, of the full sum to be called for in respect thereof, as herein mentioned; or in case any proprietor or proprietors as aforesaid shall be a minor or minors; then and in such case the executors or administrators of such deceased proprietor or proprietors, and the committee of any lunatic or lunaties, and the guardian or guardians of any minor or minors, shall and he and they is and are hereby authorized to raise and levy out of any funds or effects vested in him or them respectively, to or for the use or benefit of such deceased proprietor or proprietors, lunatic or lunatics, minor or minors, or of the party or parties entitled under him, her or them respectively, to such share or shares, so much money as shall from time to time be requisite and necessary to answer and pay the call or calls which shall be made on the owner or owners, proprietor or proprieters, of such share or shares, under the authority of this act; and such executors or adıninistrators, committee or committees, guardian or guardians, shall be, and he and they is and are hereby indemnified against his and their respective cestui que trusts, and all other persons whomsoever, for raising or levying and paying any money which shall be called for as aforesaid, in respect of such share or shares.
2 Geo. IV. LI. And whereas in case any original holder or proprietor, or holders or c. 45.
proprietors, of one or more share or shares in the said undertaking, shall die, become insolvent or bankrupt, or go out of the kingdom, or shall
transfer his, her or their right and interest to some other person or persons, For ascertaining and no register shall have been made of the transfer thereof with the clerk the Proprietor of the said company, it may not be in the power of any officer acting for the ship of Shares in said company, to ascertain who is or are the owner or proprietor, or owners certain Cases.
or proprietors of such share or shares, in order to give him, her or them, or his, her or their executors, administrators, successors or assigns, notice or notices of calls to be made on such share or shares, or to maintain any action or actions, suit or other proceedings against his, her or their executors, administrators, successors or assigns, for the recovery of the same; Be it therefore enacted, That in all cases where the right and property in any share or shares in the said undertaking shall pass from the original subscriber or subscribers, or any proprietor or proprietors thereof, to any other person or persons, by any other legal means than by a transfer and conveyance thereof, in the form and mavner herein specified, or herein otherwise provided, an affidavit shall be made and sworn to by two credible persons, before a master or å master extraordinary of his Majesty's bigh court of chancery, or before one of his Majesty's justices of the peace, stating the manner in which such share or shares bath or have passed to such other person or persons, his, her or their executors, administrators, successors or assigns, and such affidavit shall be delivered to and left with the clerk of the said company, to the intent that he may preserve the same, and enter and register the name or names of every such other proprietor or proa prietors in the register book, or list of subscribers and proprietors of the said undertaking, to be kept in the office of the clerk to the said company; and in all or any of the said cases, after three calendar months notice in writing shall have been given by the said clerk to the person or persons stated in such affidavit to be the owner or owners of such share or sbares, or left at his, her or their last or usual place of abode, to pay his, her or their proportion of money so to be called for, and such person or persons, his, her or their executors, administrators, successors or assigns, shall not have paid such' his, her or their proportion as aforesaid, it shall be lawful for the said subscribers and proprietors, at any general meeting after the expiration of such notice, to declare the same share or shares to be forfeited, and in such case the same shall become forfeited, and shall and may be sold and disposed of in such manner as the said subscribers or proprietors at any meeting or meetings shall direct, or otherwise become consolidated in the general
fund of the said company. Proofs required LII. And be it further enacted. That when any person or persons shall where Rights
claim any part or share in the joint stock of the said company or the profits accrue by Marriage or Death.
thereof, in right of marriage, an affidavit containing a copy of the register of such marriage, or the purport of such register, shall be made and sworn to by some credible person, before a master or a master extraordinary in chancery, or one of his Majesty's justices of the peace, and shall be delivered to and left with the clerk for the time being of the said company, who shall preserve the same, and make an entry thereof in the book or books which shall be kept by the said clerk for the entry of transfers and sales of shares in the said undertaking; and the said clerk shall be paid for every such entry, the sum of five shillings and no more, before such person or persons shall be entitled to sell and assign such share or shares, or to claim payment of any dividend or dividends in respect thereof; and when any person or persons shall claim any part or share in the joint stock of the said company or the profits thereof, under or by virtue of any will or bequest, or in a course of administration, the probate copy of the will, or the letters of administration, in case the proprietor shall have died intestate, respectively issuing out of one of the ecclesiastical courts of the province of York, shall be produced and shewn to the said clerk, who shall make an entry of such will, or of so much thereof as shall relate to the dispositiou of the share or shares of the testator, or the letters of administration, in case the proprietor shall have died intestate; and the said clerk shall be paid for every such entry, the sum of five shillings and no more, before any person or persons shall be entitled to sell and assign such share or shares, or to claim payment
Power to brcak
of any dividend or dividends in respect thereof: provided nevertheless, 2 Geo. IV.
That no bequest or clause in any such will contained, shall bind or affect, or be construed to bind or affect the said company, with notice of any trust or disposition of any share or shares in the joint stock of the said company, or the gains and profits thereof, but the registry of any such share or shares shall be in the name or names of the executor or executors, who shall prove the will of such testator, or the administrator or administrators of his effects, whose receipt or receipts to the said company for the gains and profits thereof, and to any purchaser or purchasers, for the amount of the purchase money paid upon the sale and conveyance of such share or shares, shall be good and effectual,' and shall hind the cestui que trusts, and all other persons claiming interest under such testator, any rule of law or equity to the contrary notwithstanding.
LIII. And be it further enacted, That it shall be lawfựl for the said company, and their successors, and they are hereby fully authorized and up the Soil and empowered by their servants, agents, workmen and others, from time to Streets, to lay fiine to make and erect such retorts, gasometers, receivers and other build- Pipes and light ings, cisterns, engines, machines or other apparatus, cuts, drains, sewers, Houses, &c. watercourses, reservoirs, anıl other works and devices, and to sink and lay pipes, and to erect and fix them against any walls of such construction and in such manner as the said company shall think necessary or proper for carrying the purposes of this act into execution; and also to break up the soil and pavement of any streets, squares, market. places, courts, yards, highways, roads, ways, lanes, passages and other places, or any part of them, and to dig and sink trenches and drains, and lay mains or pipes, and put stop cocks, syphous, plugs or branches from such pipes, in, under, across and along such places as aforesaid, and in such manner as shall be necessary for the purpose of carrying this act into execution, or supplying any such light as aforesaid, and from time to time to alter the position of and to repair, relay and maintain such pipes, stop cocks, syphons and plugs or branches, and also to carry, fit up and furnish any pipe or pipes, cocks or branches, or other necessary apparatus from any main or pipe laid in any street, square, market-place, court, yard, highway, road, way, lane, passage or other place by the said company by virtue of this act, in, to, or through any dwelling-house or houses, manufactories, public or private buildings, for the purpose of lighting the same, or any public or private lamp from any of such pains or pipes, and to erect and set up any machine or other apparatus necessary or requisite for securing to any dwelling-house or houses, inanufactories, public or private buildings" a proper and competent supply of gas, or for measuring or ascertaining the extent of such supply, and also to alter or amend any bad or imperfect work which shall have been placed or which shall be injured or damaged in such dwelling-house or houses, manufactories, public or private buildings, and to do all such other acts, matters and things as the 'said company, and their successors, shall from time to time think necessary and convenient for completing and amending, repairing, improving, supplying and sustaining the same, provided that the same be done with as much dispatch as possible, and that a proper compensation be made for any damage done thereby : provided also, nevertheless, That nothing herein contained shall authorize or empower the said company to carry or ļày any pipe or pipes to, through or against any dwelling-house or houses, manufactories, private buildings, yards or grounds, for the purpose of lighting any other dwelling-house or houses, manuf:ctories, private buildings, or any other place or places, without the previous consent of the owner and occupier of every such dwelling-house or houses, manufactories, private buildings, yards or grounds, through which any such pipe or pipes may be carried or laid for the purpose aforesaid.
LIV. Provided always, and be it further enacted, That in case any pipes, Company to cocks or branches, shall be carried or laid from any main or pipe of the remove Pipes, said company, into or through any private dwelling-bouse, manufactory,
&c. on private
Property, building, yard or ground, for the purpose of lighting the same, or any other Notice. dwelling-house, manufactory, building, yard or ground, in pursuance of, and conformably to the powers and authorities in this act contained; and the owner and occupier of any such private dwelling-house, manufactory, building, yard or ground, into or through which such pipes, coeks or branches shall pass or be laid, shall be desirous that the same pires, cocks