22

THE COLLIERY GUARDIAN.

July 5, 1918.

this sub-section of this clause a local authority shall
be deemed to include a county council; at the request
of the local fuel overseer provide, as the Controller
may direct, for the checking of any particulars re-
lating to any consumer whose premises are within
its district in connection with the determination of
any allowance of fuel under the provisions of clauses
6 to 14 hereof inclusive; and, as required by the local
fuel and lighting committee, be responsible for and
undertake the distribution among registered coal
merchants and licensed coal dealers of supplies of
coal allocated by the Controller to meet any emer-
gency or temporary shortage within the district.

It shall be the duty of the coal merchants’ super-
visor, inter alia, to assist and advise the local fuel
overseer upon questions involving persons engaged
in the coal trade referred to him or coming to his
attention, and in particular at the request of the local
fuel overseer to nominate a coal merchant or dealer
to undertake the supply of coal to any consumer within
the district whose requisition has not been accepted;
to enquire into and report upon the failure to deliver,
or delay in the delivery of coal, the execution of orders
out of rotation, the failure to secure or maintain
any reserve stock appointed, the absence of provision
for the sale of coal in small quantities, or any other
neglect to comply with the terms of the Order by
persons engaged in the coal trade; to report upon
the quality or class of coal supplied to consumers,
and generally to deal with questions requiring expert
or special knowledge in connection with coal; to
advise on questions of prices, and to help in securing
the observance of any orders or instructions that may
be given relating to the sale of coal; to report upon
the adequacy of the facilities provided by persons
engaged in the coal trade for storing, handling, de-
livering and retailing coal within the district, and
to make recommendations for such additions or im-
provements as he may think necessary and feasible.
The coal merchants’ supervisor shall also advise and
assist all persons engaged in the coal trade with regard
to the terms and provisions of this Order or to any
rules or instructions made and issued thereunder.
Persons engaged in the coal trade in any district shall
afford the coal merchants’ supervisor for such dis-
trict such particulars as he may require in relation
to any matter arising under this Order and required
to be dealt with by him, and shall keep him advised
of any matters needing his attention.

The local fuel overseer and the coal merchants’
supervisor acting together may require the coal
merchants or dealers within the district to re-arrange
the cartage facilities necessary for the supply and
delivery of coal so as to secure the most economical
user of such cartage facilities, and, further, may
require one coal merchant or dealer to undertake the
cartage or delivery of coal for another coal merchant
or dealer upon such terms as may be determined fairly
in relation to the cost of such service, but not to
the prejudice of such merchant’s or dealer’s trade
or business, and in particular may prescribe the streets
or localities to be served by persons hawking coal
in quantities not exceeding 1 cwt. at any time, and
may prohibit such persons hawking coal in any other
streets; where there has been a failure to supply coal
in any particular street or locality within the district,
or where there is an urgent need of coal in any par-
ticular street or locality, direct any coal merchant
or dealer within the district to make such deliveries
of coal in such quantities and in such order or rota-
tion as they think fit in the interests of the con-
sumers, having regard to the requirements of the dis-
trict as a whole and to the ability of such coal
merchant or dealer to make such deliveries, and
failure to make such deliveries without reasonable
excuse shall be an offence under this Order.

Except as provided above, the local fuel overseer
shall not interfere with the direction or management
of the offices or coal wharves or depots of any coal
merchant or dealer, but shall make any representa-
tions as to any action which should in his opinion be
taken through the coal merchants’ supervisor for
the district, and in his default through the local
fuel and lighting committee or the Controller.

Coal Distribution Agencies—Registration and Licensing.

After 28 days from the date upon which this Order
comes into effect, no person shall deal in or sell or
deliver coal to a consumer unless he is the holder
either of a certificate of registration or of a licence
issued by the local fuel overseer for the district in
which the depot, wharf, office or other premises from
which he proposes to deal in or sell coal is situate.

.Application for a separate certificate of registration
or a licence should be made to the local fuel over-
seer in respect of each depot, wharf, office or other
premises from which it is proposed to deal in or sell
coal. Forms of application can be obtained from such
local fuel overseer.

A person carrying on business at more than one
address may register with the local fuel overseer an
address to which he wishes all communications in
relation to the Order or any matters to arise there-
under to be sent, and communications sent to him
at such address shall have effect as if they had been
sent to all other addresses registered by him in any
one district.

Provided always that a person who sells or deals in
coal direct to consumers by trucks and forwards or
arranges for the forwarding of such trucks to stations
throughout the country or parts thereof may, on
application to the Controller, register with the Con-
troller, and such registration shall be good for the
whole area comprised within the Order or any part
thereof. The Controller shall advise all local fuel over-
seers of the persons registering with him under this
provision.

Where a person engaged in the coal trade obtains
supplies of coal, either from a colliery direct or
through a factor, such person shall be entered in a
register, and shall take out a certificate of registra-
tion for each depot, wharf, office, or other premises
owned or controlled by him at which he sells or other-

wise deals in coal. Such person is hereinafter re-
ferred to as a “ registered coal merchant.”

Colliery proprietors or companies or factors supply-
ing coal direct to consumers shall take out a certifi-
cate of registration in each district to which they
intend so to supply coal and for the purposes of the
Order be treated as registered coal merchants.

Gas companies producing coke for sale or distribu-
tion direct to consumers under this Order shall take
out certificates of registration for each separate works,
depot or office at which the coke is sold or otherwise
dealt in, and for the purposes of the Order be treated
as registered coal merchants.

Where a person engaged in the coal trade obtains
supplies of coal from or through another merchant
being a registered coal merchant but not being a
colliery or factor, such person shall take out a licence
and shall be entered in a separate register. Such
person is hereinafter referred to as a “ licensed coal
dealer.”

A person acting as agent for a registered coal
merchant and carrying on business in his own name
and accepting responsibility for the supplies of con-
sumers but ensuring the delivery of such supplies
through such registered coal merchant shall take out
a licence and be included as a licensed coal dealer.

Where a person engaged in the coal trade obtains
or otherwise dealing in coal prior to January 1 last,
the local fuel Overseer may, with the assent of the
local fuel and lighting committee, refuse a certificate
of registration or licence to such person.

Where a person engaged in the coal trade sells' or
otherwise deals in coal to a less extent on the average
than 1 ton in each w’eek, the local fuel overseer may
refuse a certificate of registration or a licence to such
person, or may suspend or cancel any certificate or
licence already issued.

Where a person holding a certificate of registration
or licence transfers his business, or where such business
is transferred at death to some other person, such
certificate or licence shall on request to the local fuel
overseer be transferred into the name of such other
person.

Where a person who has received a certificate of
registration or a licence has by himself or by his
servants failed to observe the terms of the Order,
or of any rules and instructions made thereunder,
or has failed to comply with the directions of the
local fuel overseer as defined by the Order, the local
fuel overseer may, with the assent of the local fuel
and lighting committee, revoke or suspend, for such
period as he may think fit, any such certificate or
licence, subject to any appeal which may be made to
the Controller in this event.

Every person holding a certificate of registration
or licence under the Order shall exhibit and keep
exhibited in a conspicuous position at the depot,
wharf, office or other premises to which such certificate
or licence relates either the certificate or licence or
such other notice in a form to be approved by the
Controller to the effect that the person is so registered
or licensed in respect of such premises.

Where a person carries on business on his own
account, not at any fixed address, but by means of
hawking in the streets, he shall carry with him such
certificate or licence or such other notice as may be
prescribed, which shall be produced on demand to a
local fuel overseer, coal merchants’ supervisor, or any-
one duly authorised by the local fuel overseer or by the
Controller.

A registered coal merchant shall supply to the local
fuel overseer and the Controller a statement showing
the depots, wharves, and other premises at which he
receives and from which he delivers coal, so that
returns may be obtained as to the quantities of coal
supplied to or delivered from each such depot, wharf,
or other premises, arid any other particulars relating
thereto which may be required from time to time.

The Controller may (1) where such registers are not
otherwise available require registers to be established
and maintained in such form as he may direct of all
persons, horses, carts, motor vehicles or other staff
or equipment employed in connection with the storage,
handling, and delivery of coal by registered coal
merchants or licensed coal dealers, and (2) in con-
junction with the Road Transport Board, where such
Board is concerned, take any steps expedient for the
purpose of maintaining effective control over such
staff and equipment for the purposes of the Order.

A licensed coal dealer shall from time to time
declare the source or sources from which he obtains
his supplies of coal, and shall not after the date the
Order comes into force be supplied by any person
unless such person is satisfied that the licensed coal
dealer holds the necessary licence. A licensed coal
dealer shall not obtain supplies direct from a colliery
or through a factor or from any source not previously
declared by him except on notice to the local fuel
overseer.

Where a licensed coal dealer draws supplies regularly
from one or more merchants, it shall not be necessary
for him to produce his licence on each occasion, pro-
vided such merchants have noted the fact of the
licence, and, in the case of the servant or carman
coming to such merchants for supplies, such servant
or carman is known to them as the duly authorised
servant of the holder of the licence.

A receipt must be taken for and a sale note must
be given with every supply of coal to a licensed coal
dealer, stating the class or quality of the coal sup-
plied, the price paid therefor or applicable thereto,
and the date, time, and place of the sale, and such sale
note must be produced on request to any consumer or
to the local fuel overseer or to anyone duly authorised
by him or by the Controller or to the coal merchants’
supervisor. This provision shall also apply to the
case of the hawker, trolley-man, or other servant
employed by any registered coal merchant or licensed
coal dealer. This provision shall not apply to coke
unless expressly so required by the local fuel overseer.

Auctioneers may only sell coal to persons holding
certificates of registration or licences except with the
previous assent of the local fuel overseer.

When the occupier of any premises is removing
from one house to another he may dispose of his coal
to the incoming tenant, or such other person as may
be previously approved by the local fuel overseer. In
these cases a certificate of registration or a licence
shall not be required for the dealing in or sale of coal.

After detailing the procedure for consumers in
registering and applying for their supplies of fuel, and
for merchants, etc., who decline to accept application,
the Order deals with the duties of consumers in the
prevention of waste, etc.

Duties of Coal Merchants and Dealers.

A registered coal merchant or licensed coal dealer
shall not accept an application or a requisition for
fuel and lighting unless he has a reasonable expecta-
tion of being able to discharge all orders to be received
under such application or requisition or unless he is
required to accept such application or requisition by a
local fuel overseer or the Controller.

A registered coal merchant or licensed coal dealer
shall not—(a) supply or deliver coal to any premises
on behalf of any consumer after 42 days from the
date on which the Order comes into effect (1) unless
he is the holder of a certificate issued by a local fuel
overseer in respect of such premises of such consumer
or (2) unless the quantity to be supplied or delivered
does not exceed 1 cwt. at one time or such other quan-
tity as may be from time to time determined by the
Controller, and the registered coal merchant or licensed
coal dealer is not aware that any requisition has been
submitted by and approved for such premises of such
consumer; (6) after the date on which this Order comes
into effect sell, deliver, or in any way supply coal for
consumption to any person which together with any
quantity of coal in his possession available for use in
connection with any premises would exceed any addi-
tional allowances granted for such premises.

Every registered coal merchant or licensed coal
dealer shall keep at the office or depot at which orders
are received and dealt with by him under any certi-
ficates, a record in a form to be approved by the Con-
troller of all such certificates, and shall enter on such
record against such certificates the dates and quanti-
ties of all coal sold, supplied or delivered by him in
respect of any such orders.

The record and all orders, receipts or vouchers for
the deliveries of coal, together with the books and
accounts of such merchant or dealer, shall be open to
the inspection, at all reasonable times, of the duly
authorised representatives of the local fuel overseer
or the Controller.

Amendments may only be made on such record with
the assent of the local fuel overseer or the Controller
or their duly authorised representatives. Mistakes
which are corrected shall be shown on the record and
evidence in support of the alteration afforded.

Where a registered coal merchant or licensed coal
dealer receives an application for fuel and lighting
for acceptance which, in his opinion, could be best
executed by transfer to another registered coal mer-
chant or licensed coal dealer, he may transfer such
application, before acceptance, to such other regis-
tered coal merchant or licensed coal dealer who is
willing to accept, the same and such other registered
coal merchant or licensed coal dealer is hereby
authorised to accept such application and to execute
any orders received and complete the supplies
required under any certificate issued thereunder. A
certificate may only be transferred with the assent of
the local fuel overseer.

The local fuel overseer may, with the assent of the
coal merchants’ supervisor for the district, or on the
advice of the local fuel and lighting committee, require
any delivery of coal to consumers within his district to
be transferred from one depot to another within the
district or from one registered coal merchant or
licensed coal dealer to another within such district as
may be most convenient for the delivery of the same,
and in such latter case the requisition or certificate
thereunder shall be transferred to the registered coal
merchant or licensed coal dealer required to execute
it, and he shall execute any orders thereunder equitably
in rotation with any other orders that he may then
have or may receive.

Every registered coal merchant and licensed coal
dealer shall, if required by the local fuel overseer with
the approval of the local fuel and lighting committee,
provide and thereafter maintain at each of his depots
adequate provision for the sale of coal by retail in
quantities not exceeding 1 cwt. (but not less than
| cwt.) at one time.

Every registered coal merchant and licensed coal
dealer shall, as far as possible and subject to any
special requirement of this Order, make deliveries of
coal in rotation to all consumers, in accordance with
the dates of their respective orders, without variation
except in so far as may be necessary to make up full
loads for delivery; except that from May 1 to
October 31 in any year, coal may be delivered to a
consumer in instalments not exceeding 4 tons at one
time up to a full year’s allowance permitted by the
Order in accordance with the requisition or certificate
relating thereto, provided that where the capacity of
one vehicle (including a trailer) exceeds 4 tons, a full
load may be delivered and provided also that the last
instalment of any order may be 6 tons or any less
quantity as may be required to complete the allowance.

A second instalment shall not be delivered until pro-
vision has been made for the delivery of a first instal-
ment as above in respect of all orders then received
by the registered coal merchant or licensed coal dealer,
and so for subsequent instalments.

This restriction on deliveries only applies to coal
required for a separate dwelling house and shall not
apply in respect of buildings not used or only partly
used as a dwelling house or dwelling houses, or to
blocks of flats or tenements, hotels, institutions, board-
ing houses or other premises in respect of which coal
is purchased collectively on behalf of all occupiers.

Provided always that if he considers it necessary in
the public interest to further restrict deliveries of