At the mooting of the Council held in the Board Room, No. 23, Kiangse Road, Shanghai, on Friday, the lst April, 1882, at 4 o'clock p.m.
Present:—Messrs, W. C. Ward (Chairman), D. Brand, W. H. Dalgliesh, R. A. Gubbay, A. J. Little, R. Mackenzie, G. James Morrison, and the Secretary.
The Minutes of previous meeting are read, confirmed, signed by the Chairman, and passed for publication, Cash Statement for woak ended 20th inst. is submitted, and cheques for sundry accounts are signed.—the following letters are ordered to 9 ing Roads by Waterworks' Company.
published Shanghai, 20th April, 1882, Sm,—Wo beg to acknowledge receipt of favour of 17th inst. informing us that ipal Officer of Health had stated to that in his opinion, the health of the community would be endangered should our Company be allowed its water-pipes along the strosts oft! ment during the summer months. Also that a meeting of the Council had been held, at whioh it was decided that the Council would i \bove expression of opinion before' it, in extending the permit ranted to the Company to open the ground for laying the water-pipes beyond the date to which it now extends, viz., the 5th May next, Further, that the Council bad been advised that it' would be better to defer granting, similar permission until the latter end of September, but that in this they would be guided by circumstances.
It is with some surprise that we receive this notification, as such a prolonged interruption of the works never, we think, entered into the calculations of either side at the the agreement between the Council and the Company was drawn up, and it is, in our opinion, inconsistent with the true construction of that agreement. Clause (No. 3 in the Deed of Covenant) which specially refers to the Council's control of the works, certainly does not provide for such _a contingency and the subsequent clauses, fix te for the completion of the works pos penalty for non-completion, b view.
We would remind you that the Company was allowed to lay its mains last year in Hongkew during the months of July, August and tember, and it is that within the last fow yeara granted to the Gas Company to have the Nankin Road open during the cummer months, Ibis of course not the wish of the Company to do anything likely to endanger the health of the community, but it seems am: much open to question whether opening the roads to a depth of a couple of feet, for a trench not much more than foot wide can be reasonably considered to constitute a serious source of danger. We might farther suggest the question whether the health of the community would not be better consulted by the Company being granted every facility to push on with its works, to provide at the earliest possible date the supply of pure water which is felt to be so greatly wanted both for domestic and sanitary purposes.
It only remains for us to point out that the action of the Council, if persisted in, will subject the Company to a considerable loss: and it will probably be necessary for us to address you again upon this part of the subject, with a view to compensation and also to modification of Cla 2 and 16 in the Deed of Covenant, to provide for an extension of time for the completion of the worke, We are, Sir, Your obedient servant, Davspaxe, Rixczr & Ca., Secretaries, F, Taonnunx, Secretary, Municipal Council, Shanghai, 26th April, 1882, Guwrumey,—I have to acknowledge ree ceipt of your letter of the 20th inst., replying to receive to you of the 17th inst.
Your letter has boon submitted to the Council, and I am instructed to inform you that they see no reason to alter the decision come to by them, and expressed in my letter to you of the 17th inst.
They cannot agree with you that the clause of the Deed of 18th March, 188), does not pro+ for the contingency which has occurred, and which has compelled the Council to with: hold for while permission to your Company to open the roads and public ride, That clause states very clearly that the permission to be.grauted by the Council shall be subject to auch reasonable conditions and restrictions, 10 dates and duration of opening, as the able protection and convenience of the a mnay require, questionable it may seem to the your Company that the opening, the Counci So strong an opinion Council ample proof that, louse of the Deed of ruaable pro requires them to opening the roads, in accordance with medical opinion.
With regard to your remark that pert sion was given last to your Company in July, August and September to open hongkew, and to the Gas Compan during the summer months, it:
to point out that what may not be brought to the att of the The concluding paragraph of your no further reply now, than thi Council are desirous to afford 6 they properly can to a0 useful undertaking Company, but they must reserve the as and when they may be to in that paragraph for presented for their consideration, Tam, Gentleme Your obedient servant, F, Taorsvay, Secretary, 'To Messrs, Dayspare, RixcER & Ca., Secretaries, 'Shanghai Water Works' Ca, (Limited)
Shanghai, 27th April, 1982, Stn,—We beg to acknowledge the receipt of your letter of yesterday's date, in which you inform us that our letter of the 20th instant has been submitted to the Council,
Text read from the printed page and cleaned; old type leaves the occasional error.