Folios 194-205. Letter from James Saunders, Clerk to the East Dereham Local Board...

Folios 194-205. Letter from James Saunders, Clerk to the East Dereham Local Board in the Mitford and Launditch Poor Law Union, to the Local Government Board. He returns as requested one print of the draft provisional order and suggests that the following amendments are made. Firstly he explains in some length that the omission of article 29 would not affect the effectual operation of the order. As regards clause 10 of the agreement with the gas company it is submitted that as the board will be entitled to all payments by customers for gas consumed after 1 May 1885, the board should be liable for all outlay for coals and other materials and things necessary for the carrying on the business from that day and for the production of the gas for which the board will receive payment. He then proceeds with a very lengthy submission as regards clause 9.For clause 12, the board is assured that no outlay will be necessitated or incurred. For clause 14, there had been a previous strong objection and protest to this clause received by the board's solicitor but this was later by both parties discussed and a verbal agreement reached. He also encloses a statutory declaration by the chairman of the gas company with a copy of a resolution consenting to the sale as required by section 162 of The Public Health Act 1875, 38 & 39 Vic c 55. He asks that they note that a copy of the draft provisional order should reach him not later than Wednesday morning next for insertion if the Dereham and Fakenham Times of 25 April 1885 and if possible on Tuesday morning.
Copy of the draft provisional order with handwritten and printed amendments in the margins. The document states that the East Dereham Local Board (subject to the sanction of the Local Government Board) agreed to buy, and the East Dereham Gaslight and Coke Company (Limited) have subject to a special resolution of the members being passed in manner provided by the Companies Act 1862, 25 & 26 Vic c 89, agreed to sell and transfer to the Local Board the lands, hereditaments and premises described in the annexed first schedule and the gas undertaking of the Company including all the existing gasworks, mains service pipes, meters, lamp posts, brackets, lanterns and the business of the Company but subject to all rights and easements (if any) affecting the said premises or any part thereof. Also as the Local Board are under the Public Health Act 1875, 38 & 39 Vic c 55, empowered to supply gas for the whole of their district they have applied for a provisional order authorising them to maintain and continue when the same shall be acquired by them, the gas undertaking of the Company, to construct other gasworks, to manufacture and supply gas and to borrow money for those purposes. The extensive document contains some 31 clauses. Included are three schedules:
First schedule stating all those lands, buildings and works called the East Dereham Gasworks, situate in the parish of East Dereham belonging or reputed to belong to the East Dereham Gaslight and Coke Company (Limited) containing 1650 square yards, more or less and bounded on the north, south and east sides by land and hereditaments belonging or reputed to belong to Elizabeth Andrews, and on the west side by the public highway leading from the parish of East Dereham to the parish of North Elmham and called the Holt Road. Second schedule: all that piece of land situate in the parish of East Dereham containing 18150 square yards, more or less, and known as Shortlands which piece of land belongs or is reputed to belong to, or to be vested in the Reverend George Shelford Bidwell, Blanche Bidwell, Thomas Shelford Bidwell, Shelford Bidwell and John Ray and is bounded on the north, east and west sides by a private road reputed to belong to the same persons and on the south side by the railway line and property of the Great Eastern Railway Company. Third schedule: all that piece of land in East Dereham containing 2692 square yards, more or less, adjoining the piece of land described in the second schedule and being the said private road and all the piece of land in East Dereham containing 333 square yards belonging or reputed to belong to the Great Eastern Railway Company and adjoining on the west side of the said last mentioned piece of land and abutting on the public highway leading from East Dereham to the parish of Shipdham.
Copy of a resolution entitled "A" Shareholders meeting on 12 March 1885 held in the Masonic Hall and signed by W T Gidney, Chairman. Those present were: W T Gidney, Chairman; L E Hatfield, C R Elvin, C W Alexander, R E Alexander, H Page, A Massingham, H C Hastings, W Parker and G R Kingston. A resolution was proposed by Hastings and seconded by Parker, that the shareholders of the Gas company approve and confirm the contract dated 7 March 1885 entered into by the directors on behalf of the gas company for the sale to the East Dereham Local Board of the Gas company's undertaking and plant for £5400 upon the terms contained in such contract. The resolution was carried unanimously by the shareholders present and by proxies of the other shareholders not present, the total number of shares being 540. A vote of thanks was given to Gidney and others who has arranged this contract. This document includes a signed declaration by George Hales and Cooper, Commissioners that ' This is the paper writing marked A referred to in the declaration of William Thomas Gidney [WT Gidney] made before me the 15 day of April 1885'.
Statutory declaration by William Thomas Gidney of East Dereham, Ironmonger, the chairman of the East Dereham Gas Light and Coke Company Limited that the paper writing annexed marked A contained a true and correct extract from the minute book of the East Dereham Gas Light and Coke Company Limited, dated 15 April 1885. Witnessed before George Hales and Cooper.
Annotated: 'Copy of endorsement. The Local Government Board have on this day sanctioned the reborrowing by the East Dereham Local Board of £5985 to defray an equal sum raised under this sanction', 15 June 1886.
Annotated: 'Mr Bolton. The only point which requires to be dealt with today in this case is asking the consent of the company to the sale to the Local Board. Under s 51 of the Companies Act 1862 25&/26 Vic.c 89, a special resolution of the company must be passed by a majority of not less than ¼ of the members of the company for the time being entitled according to the regulations of the company to vote as may be present in person by proxy (in cases where by the regulations of the company proxies are allowed) at any general meeting of which notice specifying the intention to propose such resolution have been duly given and such a resolution has been confirmed by a majority of such members for the time being entitled according to the regulations of the company to vote or may be present in person or by proxy at a subsequent general meeting of which notice has been duly given, and held at an interval of not less than fourteen days or more than one month from the date of the first meeting. In the absence of a demand for a poll the declaration of the chairman that the resolution has. In the absence of a demand for a poll the declaration been passed is sufficient. In this case these is no evidence, 1. That the notice of the meeting of 12 March 1885 specified the intention to prepare the resolution and was duly given. 2. That the resolution was confirmed at a subsequent general meeting of which notice was duly given and held at within the limit of time specified by sec 57.? Write to the clerk and point these matters out and request that the Board may be informed by wire on Monday whether the provisions of sec 51 have been complied with and [illegible] that evidence to that effect may be furnished not later than Tuesday morning in the manner indicated in the Board's letter of the 14th instant', 18 April 1885.
Annotated: 'I Concur', 18 April 1885.
[See also paper number 32478/1885].
[Folios 198 to be found on images 412-413, Folio 205 to be found on images 427-428].

Paper Number: 40021/1885.

Poor Law Union Number: 302.

Counties: Norfolk.