exonerate the council from any indictment, action or other proceeding for nuisance. . . ."

Erdington Tramways Act, 1902 (2 Edw. 7, ch. lxiii.).

Section 9 confers power to use certain defined land for generating station, etc. By section 11 authority is given to purchase additional land by agreement, "but nothing in this Act shall exonerate the council from any indictment, action or other proceeding for nuisance in the event of any nuisance being caused or permitted by them on any land purchased or acquired by agreement under the powers of this section."

Halifax Corporation Act, 1902 (2 Edw. 7, ch. ccxxiv.).

Section 64 authorises construction of a generating station upon defined lands. As regards such lands there is no provision as to nuisance. Section 47 authorises the purchase of additional land by agreement, but a proviso is added that the corporation shall not create or permit nuisance on such land. London County Council (Tramways and Improvements) Act, 1902 (2 Edw. 7, ch. ccxix.).

Section 26 confers compulsory powers for taking land for generating and transforming station in connection with the working of their tramways. The Act is silent as to nuisance. Manchester Corporation Tramways Act, 1902 (2 Edw. 7, ch. xli.). Section 7 authorises the erection of generating station, etc.,

on defined land. The Act is silent as to nuisance.

Newcastle upon Tyne Corporation (Tramways) Extensions Act, 1902 (2 Edw. 7, ch. cxxi.).

Section 21 authorises the use for the purposes of this Act of a generating station, authorised by an Act of 1899. (See ante, p. 62.) The Act is silent as to nuisance.

Newcastle-upon-Tyne Electric Supply Company's Act, 1902 (2 Edw. 7, ch. xxi.).

Section 7 authorises the erection of generating stations "on any lands which they may acquire within the area of supply," but adds the proviso that "nothing in this Act shall exonerate the company from any indictment, action, or other proceeding

North Metropolitan Tramways Act, 1902 (2 Edw. 7, ch. clxx.). Section 4 authorises the company to erect a generating station or stations on "any lands for the time belonging to them," but it is added that nothing in this Act shall exonerate the company from any indictment, action or other proceeding for nuisance, etc.

North Staffordshire Tramways Act, 1902 (2 Edw. 7, ch. ccxxix.).

The Act empowers the company and the Potteries Electric Traction Company, who own tramways and light railways, to work both undertakings from one generating station on land belonging to the companies or one of them. Section 3 authorises the construction of the generating station, and contains the following: "Provided always that nothing in this Act shall exonerate the company or the Potteries Company from any indictment, action or other proceeding for nuisance. ..."

Northumberland Electric Tramways Act, 1902 (2 Edw. 7, ch. cxiv.).

Section 8 confers compulsory powers, and section 10 authorises the erection of generating stations. The Act is silent as to nuisance.

Norwich Corporation (Electricity, &c.) Act, 1902 (2 Edw. 7, ch. cliii.).

A transfer Act. Section 11 gives power to maintain works for generating electricity, and provides that section 81 of the Schedule to the Electric Lighting (Clauses) Act, 1899, shall not apply.

Preston Corporation Act, 1902 (2 Edw. 7, ch. lix.).

By section 12 the corporation were authorised to use certain defined and scheduled lands for generating stations. By section 13 the corporation were authorised to "acquire by agreement such lands as may be necessary for the purposes

of this Act, and may on such lands and on any lands for the time being belonging to them erect and maintain washing rooms and sheds or shelters for the accommodation of passengers, and also sub-stations with all necessary plant and appliances for transforming, using, and distributing electric energy for traction on the corporation tramways, but nothing in this section shall empower the corporation to create or permit a nuisance on any such lands."

Rothesay Tramways Extension Order Confirmation Act, 1902 (2 Edw. 7, ch. civ.).

By section 6 a generating station, etc., is authorised upon certain defined lands. By section 12 power is given to purchase other lands by agreement, "Provided that the company shall not create or permit the creation or continuance of any nuisance on any such lands."

Scarborough Tramways Act, 1902 (2 Edw. 7, ch. lx.).

By section 48 power is given to acquire scheduled land for generating station, etc. Silent as to nuisance.

Tyneside Tramways and Tramroads Act, 1902 (2 Edw. 7, ch. ccxxxii.).

Section 19 authorises the construction of a generating, etc., station on land to be acquired by agreement, but the section adds that nothing shall exonerate the company from indictment, action, or other proceeding for nuisance, etc.

In the Session of 1902 there were nine Power Acts. Some Power Acts of 1902. of these were amending Acts relating to companies already authorised. In the case of all new companies compulsory power to take land was given. As to Newcastle-upon-Tyne Electric Supply Company's Act, see supra. In the following Acts section 81 of the Schedule to the Act of 1899 is not incorporated, viz. : Cornwall Electric Power Act, 1902 (2 Edw. 7, ch. xxxiv.); Kent Electric Power Act, 1902 (2 Edw. 7, ch. cxxvii.); Leicestershire and Warwickshire Electric Power Act, 1902 (2 Edw. 7, ch. cxxxi.) ; and Gloucestershire Electric Power Act, 1902 (2 Edw. 7, ch. lv.), so far as regards generating station. In the Derbyshire and Nottinghamshire Power Act, 1901, section 81 of the Schedule to

1902-contd.

Power Acts of the Act of 1899 was incorporated, but so as not to apply to the land therein authorised for generating station. The company obtained another Act in 1902, which recited that the Act of 1901, and also that section 81, would apply to any generating station erected elsewhere than on the lands so described in the Act of 1901, and that, with a view to the more convenient supply of electricity within the area, it was expedient that the restriction so imposed upon the company should be removed. Section 2 accordingly effected this object. The Act is silent as to nuisance. In the South Wales Electrical Power Distribution Company Act, 1902 (2 Edw. 7, ch. cxviii.), section 4 authorised the compulsory taking of land for a generating station. By section 2 the provisions of the Act of 1899 are incorporated "except those not incorporated with the Act of 1900." As to the Act of 1900, see supra. The North Metropolitan Electric Power Supply Act, 1902 (2 Edw. 7, ch. clvi.), section 5, authorised the purchase by agreement of certain defined land and the erection thereon of generating stations, etc. There is no provision as to nuisance.

Generating stations outside area of supply and mains connecting

separate areas of supply.

Although compulsory powers to take land were conferred in most of the above cases, it may have been that in many instances the land had been provisionally agreed to be purchased at the time of the passing of the Act.

The following are instances in which Parliament has authorised electric lighting undertakers either to have a generating station outside their area of supply, with connecting mains, or to lay a main connecting separate areas of supply:-Metropolitan Electric Supply Company's Acts, 1898 (61 & 62 Vict. ch. ccxxxv.), and 1901 (second line of cables) (1 Edw. 7, ch. ccxxviii.); Newcastle-upon-Tyne Supply Company's Act, 1900 (63 & 64 Vict. ch. ccxl.); Charing Cross and Strand Electricity Supply Corporation Act, 1900 (63 & 64 Vict. ch. ccxxvii.); Brighton Corporation Act, 1900 (63 & 64 Vict. ch. xcix.). See also section 5 of the confirming Act (2 Edw. 7, ch. cevi.), confirming provisional orders for, among other places, Hitchin and Stevenage. The Central Electric Supply Company's Act, 1899 (62 & 63 Vict. ch. lxxxviii.), is an instance of an Act successfully promoted by two existing companies to authorise a new company to construct a generating station outside their respective areas

of supply, and thence to lay down mains for supplying in bulk those areas of supply.

electrical

Ordinarily where undertakers (whether local authorities or Supply of companies) are authorised by provisional orders they have no energy in power to supply energy outside the authorised area of supply. neighbouring See section 3 (1) and section 4 (2) of the Schedule to the Act of 1899, and the notes thereto, post, pp. 157-158.

But where local authorities are authorised to supply electrical energy, Parliament is accustomed, by Act, to confer on them power to supply energy in bulk to adjoining local authorities authorised to supply electrical energy. An ordinary form of

clause is as follows:

"If the local authority for any district adjoining the area which the corporation are for the time being authorised to supply with electric energy are or shall be authorised by Provisional Order confirmed by Parliament to supply energy, or if any company shall be authorised to supply energy in any such district, the corporation and any such local authority or company may, with the approval of the Board of Trade, enter into and carry into effect agreements for the supply of electrical energy in bulk by the corporation to such local authority or company."

The above clause is taken from the Norwich Corporation (Electricity, &c.) Act, 1902 (2 Edw. 7, ch. cliii., s. 20). The clause employed is not always in the same terms. Cf. Birkenhead Corporation Act, 1902 (2 Edw. 7, ch. lxii., s. 16), which uses the phrase "at or near the boundary of the borough," and Blackburn Corporation Act, 1901 (1 Edw. 7, ch. ccxxiii., S. 116), which speaks of "any district adjacent or in proximity to or in the neighbourhood of the borough or along the route of any tramway or tramroad owned or worked by the corporation."

Where the undertakers are a company they do not stand on the same footing, probably owing to the fact that in their case. the question of purchase is superadded to the difficulties arising under sections 3 (1) and 4 (2) of the Schedule to the Electric Lighting (Clauses) Act, 1899. See an instance where the power was given: Walker and Wallsend Union Gas Company's (Electric Lighting) Act, 1899 (62 & 63 Vict. ch. ccviii., s. 10). There are some precedents enabling a company to supply outside their area in the case of tramways and railways. See, e.g., Hastings

district.