and
be constituted either under the
provisions of the Companies Clauses Consolidation Act, 1845, by incorporating them with the Company's Special Act, the amount of the Company's Capital and their borrowing powers being defined by the Special Act,
or
it may antecedently to the Special Act by Royal Charter or under the provisions of the Joint Stock Companies Acts, 1856, 1857.
(II) The Special Act incorporates the Gas Works Clauses Act - 1847, by which powers are conferred of breaking up streets &c. for laying pipes; of supplying, and recovering rent for Gas; and of recovering damages & penalties pursuant to the provisions for those purposes in the Railways Clauses Consolidation Act, 1845; & provision is made for preventing waste or misuse of Gas, and injury to the Company's pipes & works, and also for guarding against nuisance from the Gas.
The Special Act defines the limits of the Company's operations; it prescribes, and provides for testing, the quality of the Gas; it limits the maximum rates which may be charged for public & private lights respectively, and it either itself limits the maximum rate of dividend which may be made by the Company out of profits, and provides for the application of surplus profits,