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contd.

to pay for the hire of the meter (section 52, p. 197). No consumer Metersmay connect or disconnect any meter without notice under penalty (section 53, p. 197). Where the meter belongs to the consumer, he must keep it in repair; and when it is hired from the undertakers, they must keep it in repair (section 54, p. 197). The undertakers may let meters for hire, and must (unless the agreement for hire otherwise provides) keep such meters in repair (sections 55 and 56, p. 198). Differences as to the correctness of the meter are settled by the electric inspector. Subject to that provision, the register of the meter is conclusive evidence, in the When concluabsence of fraud, of the value of the supply (section 57, p. 198). sive evidence. The undertakers must pay the expenses of providing new meters where they alter the method of charging for energy supplied. They may also, in addition to the consumer's meter, place on his premises a meter or other apparatus of their own for ascertaining or regulating either the amount of energy supplied to the consumer, or the number of hours during which the supply is given, or the maximum power taken by the consumer, or any other quantity or time connected with the supply (sections 59 and 60, pp. 199, 200).*

In the Gateshead Electric Lighting Provisional Order, 1899, the question arose whether certain conditions imposed by the corporation should be inserted in the provisional order. The corporation desired to have the question of "free wiring" and penny-inthe-slot meters settled and introduced into the provisional order. The Hon. T. H. W. PELHAM, of the Board of Trade, attended before the Committee of the House of Commons (to whom the confirming Bill stood referred), and stated that the Board had no experience as to whether the coin-fed meter system of electrical supply would succeed, or whether it was desirable that the "free wiring" system should be permitted, and, therefore, the Board of Trade were unwilling to put these provisions in the provisional orders, as by including them in such orders, they would become stereotyped and this would be objectionable. The Committee of the House of Commons ultimately decided that the conditions stipulated for by the corporation should be included in the order (Electrician, June 30th, 1899, p. 349). Since that time "free wiring" (in which phrase are included arrangements for payment

* See footnote, p. 27.

Coin meters, "free wiring"

and fittings.

"Free wiring" by way of rent or by instalments spread over a number of years, and fittings -contd. purchase on the hire system, etc.) has become very common, and is to be met with where electric energy for lighting purposes is afforded by local authorities as well as by companies. In the case of companies the memorandum of association generally covers the power to make contracts relative to this subject, and in the case of local authorities powers are conferred upon them by Act in very many cases to let for hire, etc., electric lines and fittings. In some cases the services of an independent wiring company come into play. By section 55 of the Schedule to the Act of 1899, undertakers are authorised to let for hire meters "and any fittings thereto." See further the notes to section 25,

Theft of coins from meter.

Cutting off or discontinuing a supply of energy.

Undertakers

not to

prescribe special form

of lamp or burner.

Overhead wires.

at p. 122.

In the case of coins being stolen from a prepayment meter without any negligence on the part of the consumer, the undertakers must bear the loss (Edmundson v. Longton Corporation (1902), 19 T. L. R. 15).

The supply may be cut off or discontinued in the following events: (1) upon failure to pay the charge for electricity or other sum due to the undertakers in respect of a supply of electricity (Act of 1882, section 21, p. 120); (2) upon failure to give security after seven days' notice (section 27 (3) of Schedule to Electric Lighting (Clauses) Act, 1899, p. 186); (3) if the consumer "uses any form of lamp or burner or uses the energy supplied to him by the undertakers for any purposes or deals with it in any manner so as to unduly or improperly interfere with the efficient supply of energy to any other body or person by the undertakers." See section 27 (4) of above-mentioned Schedule, p. 186. The last of these carries into effect the proviso contained in section 18 of the Act of 1882 (p. 115). As to Power Acts, see the chapter on that subject, post.

Section 18 of the Act of 1882 provides that the undertakers shall not be entitled to prescribe any special form of lamp or burner to be used by any company or person, or in any way to control or interfere with the manner in which electricity supplied by them is used. This is subject to the proviso above referred to. See p. 115.

The Act of 1882, section 14, provides that the undertakers shall not be authorised to place any electric line above ground,

wires-contd.

along, over, or across any street without the express consent of Overhead the local authority. The same section authorises the local authority to require undertakers to remove any electric line placed by them contrary to the provisions of the section, and further authorises the local authority to themselves remove the same in a summary manner, and to recover the expenses. Furthermore, a court of summary jurisdiction is authorised upon complaint made, and notwithstanding any consent on the part of the local authority, to order the removal of any such electric line if they are of opinion that the same "is or is likely to become dangerous to the public safety." See p. 109. In addition to the foregoing enactments, it is provided by section 10 (b) of the Schedule to the Electric Lighting (Clauses) Act, 1899, that “the undertakers shall not, without the express consent of the Board of Trade, and, where the local authority are not themselves the undertakers, of the local authority also, place any electric line above ground except within premises in the sole occupation or control of the undertakers, and except so much of any service line as is necessarily so placed for the purpose of supply." See further, the notes to section 14 of the Act of 1882, pp. 111-112, and section 10 of the Schedule to the Act of 1899 at p. 163. See pp. 247 et seq., and pp. 265 et seq., for Board of Trade Regulations regarding aerial lines. In connection with this subject Lord CROSS's Committee (see further at p. 58) reported, "The Committee are of opinion that while it may be advisable to maintain the veto of local authorities as to the erection of overhead wires given by section 14 of the Act of 1882 in respect of other electric wires, it is not advisable that in the case of overhead wires for traction purposes, the local authority other than the London County Council and county boroughs should have an absolute veto. While due weight should be given by the Board of Trade to the representations of local authorities, the Committee think that in the case of wires for purposes of traction it would be sufficient to give a locus standi to such local authorities." In some cases municipal authorities have obtained power in special Acts to cut down unauthorised wires. See post, p. 112.

By the London Overhead Wires Act, 1891 (54 & 55 Vict. c. lxxvii.), the London County Council are authorised (section 5) to

London Over

head Wires

Act, 1891.

London Over- make byelaws, and from time to time vary the same with respect

head Wires

Act, 1891

contd.

to any of the following matters :

The identification of overhead wires by registration or otherwise.
The regulation of wires.

The strength of the materials to be employed in placing,
maintaining and supporting wires; and

The removal of wires erected or placed otherwise than in accordance with such byelaws and of disused wires.

These byelaws are subject to the approval of the Board of Trade. They are enforced by penalties. New overhead wires may not be placed except in accordance with the byelaws (section 3). These byelaws are to be enforced and administered by the "Local Authority." As regards the City of London, the Commissioners of Sewers are defined to be the "Local Authority.” By an Act of 1897 (60 & 61 Vict. c. cxxxiii.), the Commissioners of Sewers were merged into the Corporation of the City of London.

By section 16 a company shall not be required to place "any wire in any manner which shall be inconsistent with any regulation or condition for securing the safety of the public or for the protection of the electric lines and works of the Postmaster-General made prescribed prescribed or imposed by the Board of Trade under the Electric Lighting Acts 1882 and 1888 or under any special Act or provisional order or licence under the provisions of the Electric Lighting Acts 1882 and 1888 or either of them." Section 17 provides that "Nothing in this Act or any byelaw made in pursuance thereof shall apply or extend to any undertakers acting under special Act provisional order or licence under the Electric Lighting Acts 1882 and 1888 or to any wires of such undertakers." The Act does not extend to any wire placed by any person for his private use over land belonging to him or in his possession, which does not extend over any street, and is so constructed and placed that neither the wire nor any support thereof or attachment thereto would be liable to fall into any public street (section 18). Section 19 provides that "Nothing in this Act contained shall be deemed to authorise the Council to confer any powers of placing wires for electric lighting purposes

head Wires

overhead on any company body or person not authorised so to London Overplace such wires by a special Act provisional order or licence Act, 1891under the provisions of the Electric Lighting Acts 1882 and contd. 1888." Byelaws dated July 29th, 1892, were duly made with the approval of the Board of Trade. Under the London Government Act, 1899, borough councils are authorised to enforce these byelaws. See further the Chapter on COUNTY OF LONDON.

A local authority having obtained a licence, order, or special Local authority on Act for the supply of electricity may contract with any obtaining company or person for the execution and maintenance of any provisiona works needed for the purposes of such supply or for the contract. supply of electricity. Section 11 of the Act of 1882, p. 105.

of revenue

When the undertakers are a local authority very special Application provision is always made by the order for the application of of local their revenue from the undertaking. Shortly stated, the authority. revenue is to be applied (a) in payment of working and establishment expenses, and cost of maintenance of the undertaking, "including all costs, expenses, penalties and damages incurred or payable by the undertakers consequent on any proceedings by or against the undertakers, their officers or servants in relation to the undertaking," (b) in payment of interest or dividend on borrowed money, (c) in providing a sinking fund, (d) in providing all other their expenses of executing the special order not being expenses properly chargeable to capital, and (e) in providing a reserve fund (if they think fit) equal to onetenth of the aggregate expenditure on the undertaking. The net surplus is to be carried to the credit of the local rate, or at the option of the local authority it may be applied "to the improvement of the district." If the surplus in any year

exceeds five per cent. upon the aggregate capital expenditure, the undertakers must make such a rateable reduction in the charge for the supply of energy as in their judgment will reduce the surplus to that maximum rate of profit. Any deficiency of income in any year, not answered out of the reserved fund, is to be charged upon and payable out of the local rate. See section 7 of the Schedule to the Electric Lighting (Clauses) Act, 1899, p. 161.

E.L.

D

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