Folios 145-157. Report from John Thornhill Harrison Document to The Local Government...

Folios 145-157. Report from John Thornhill Harrison Document to The Local Government Board on an application for a provisional order from the East Dereham Local Board for a Provisional Order, authorising them to maintain and contain, where they have acquired it, the undertaking of the East Dereham Gas Light and Coke Company (Limited), to purchase land, to construct new works, sell gas to, and for the purposes connected therewith. Recommendation that a provisional be filed, signed 12 March 1885.
Document entitled 'The Gas and Waterworks Facilities Act, East Dereham, Norfolk,' stating to be a report on an application from the East Dereham Local Board for a Provisional Order, authorising them to maintain and contain, where they have acquired it, the undertaking of the East Dereham Gas Light and Coke Company (Limited), to purchase land, to construct on them works and for the purposes connected therewith. It includes a report by John Thornhill Harrison, Local Government Inspector to Charles Dilke, President of the Local Government Board, on the inquiry he held in respect of the above application dated 11 March 1885. The Local Board was represented by Mr Blofeld, Barrister at Law and the Gas Company by [Mr Shiser Wells] Queens Councillor. There was no representation either from the owners of the land proposed to be purchase or of the memorialists against the order. Blofeld outlined the history of the East Dereham Gas Works as beginning in 1834. It was purchased by the Gas Company in 1838, in 1881 the company became a limited liability company but it never acquired any parliamentary powers. It is under no instructions as to the quality or price of the gas they supply to the town and cannot without permission from the Local Board breakup streets to lay new or maintain old pipes. The question of acquiring the gas undertaking has been before the Local Board for 2 or 3 years. The Local Board having carried out works of sewerage, sewage disposal and water supply felt it desirable to acquire the gas undertaking. As the Highway Authority they could break up the street when required and are of the opinion that by improving the undertaking they would be able to manufacture better gas and supply it to the town at a lower priced than is now charged by the Company, this would favour the rates levied. It could also utilise the residual products better such as tar for the formation of footpaths in the district. The gas company originally opposed the application and were supported in their opposition by a number of influential gentlemen who presented a memorial (see 5174/1885) to the Board. All this opposition is removed and no objection was made by anyone at this inquiry. The Local Board has entered into a provisional agreement to purchase the gas undertaking for £5400. In order to [lease] the gas company [Mr Wells] proposed and Blofield agreed on behalf of the Local Board the following clause: 'The Local Board shall not commence the construction of new works under this order until they shall have completed the purchase of the undertaking of the East Dereham Gas Light and Coke Company Limited'. The Local Board has made provisional agreements for the other lands. [G W Stebenson] Consulting Gas Engineer, gave evidence on the probable expenditure required to make the present works efficient or to construct new works. The land must be purchased in either case. The land adjoining the gas works is much more valuable than the land upon which it is suggested that the gas works should be. The pipes along the streets need to be taken up and re-laid and gradually replaced with new ones. He provided estimates of the outlay involved with the sanction of the Local Board. Harrison believes that it is desirable that provision be made in the provisional order and insists that in section 15, £15000 is put in place of the word money. Stopping the current leakages will enable the Local Board to sell gas at a lower price and repay the capital and interest on the £15000. He refers to section 9, 14 and 27 of the provisional order, concerning the illuminated power supplied by the Local Board. He gives his recommendation that a provisional order as applied for be issued empowering the East Dereham Local Board to purchase certain lands as scheduled and to maintain and continue where they acquire the same, the undertaking of the East Dereham Gas Light and Coke Company Limited and to construct other works to manufacture and supply gas and residual products and for other the general purpose of a gas undertaking, he reiterates the clauses which need amending as stated above, dated 12 March 1885.
Letter from James Saunders, Clerk to the East Dereham Local Board in the Mitford and Launditch Poor Law Union, to the Local Government Board, enclosing a copy of the contact with the East Dereham Gas Light and Coke Company Limited as requested at the inquiry.
Memorandum of agreement [contract] dated 7 March 1885. Parties to the agreement are the vendors, The East Dereham Gas Light and Coke Company Limited and the purchasers, The Local Board of the Local Government District of East Dereham. It outlines all contractual obligations to be met by the parties including that the vendors agree to sell and the purchasers agree subject to and on condition that they can obtain the consent and sanction of the Local Government Board, to purchase for £5400 the hereditaments and premises and undertakings now belonging to the vendors as described in the schedule. Also that the purchase money shall be paid on the first day of May 1885 at the office of the vendor's solicitors Messrs Cooper and Norgate, East Dereham thus completing the purchase. It further outlines the penalties to be incurred should this not take place.
The schedule above refers to in the First part: The land lying and being in East Dereham bordered by a driftway late belonging to Thomas Andrews and now to Elizabeth Andrews and another part to the north by land belonging to the said Thomas Andrews and now Elizabeth Andrews, towards the east and south and by the Queen's highway called Wind Mill Lane towards the west and all the gas works outhouses, building and erections thereto belonging or connected therewith and now used for making or generating of gas. Second part: The land in East Dereham aforesaid with the outbuilding thereon along a private road and adjoining from and to the public road called Mill Lane. This being bounded by the said private road and other land formerly belonging to Thomas Andrews and now Elizabeth Andrews in several directions and also by the gas works towards the West and a small strip of land is copyhold of the manor of East Dereham of the Queen. Third part: further measurements relating to a piece of land in east Dereham.
Fourth part: All the gas works as they now exist together with the mains and services pipes meters in use lamp posts brackets and lanterns and the business of the company. The common seal of the above company was affixed on 7 March 1885 by order of the chairman, W J Gidney and two directors, Leonard E Hatfield and A Massingham. The common seal of the urban authority was impressed at a meeting held 7 March 1885 by W Stebbings, Chairman in the presence of James Saunders, Clerk.
Annotated: '12 March 1885, 4 census Robert Rawlinson. Inquiry, 11 March 1885. Report, 12 March 1885 (4 Plans and 5 tracings annexed) 9 March 1885.
Annotated: 'Order department to prepare provisional Order', 14 March 1885.
Annotated: 'Mr Rotton. I am not sure whether the Board consider it incumbent upon them in cases of this description to examine very closely the terms of the agreements between the vendors and purchasers. But it seems to me that in the present case; although clause 12 of the agreement may protect the interests of the Company, it may confer powers exercisable in a manner the may seriously affect the purchase. Again, I observe that some of the lands are of leasehold and some of copyhold tenure and that (so far as I can see) nothing is said in the agreement as to the tenure of the lands specified in the third part. Looking at the purpose for which the lands are to be acquired and at the considerable outlay contemplated by the Local Board. Do you think that in these resets the stipulations in the agreement are such as may prudently be accepted? '. 16 March 1885.
Annotated: '[Mr Adrian] I think it should be ascertained what is the tenure of the land in this third part of the schedule. When this information has been obtained it seems to me a question for the Inspector, whether, having regard to the tenure of the several plots of land, and to their position [inferses] and relatively to the land proposed to be purchased, the proposals of the Local Board are prudent. I presume however that this has already been considered and decided in the affirmative by Mr Harrison. The Board do not consider it necessary to go into the question of the title to property bought [by the local authorities]. The stipulation in 12 certainly imposes on the Local Board what might become a serious [responsibility]. Whether this is in fact such a stipulation as the Local Board can prudently accept does not seem to be a legal question. I would however suggest that there might be a limit fined to the sum the authority can be made to pay under it', 17 Mar 1885.
Annotated: '[Mr Houndbe] please annex this to the East Dereham papers', 14 March 1885.

Paper Number: 27634/1885.

Poor Law Union Number: 302.

Counties: Norfolk.