An Act to enable the Albury Gas Company
| (Limi ted) to cons t ruc t | Gasworks | wi th in |
| t he T o w n and Suburbs | of Albury. | \lMh |
| April, 1883.] |
| WH E R E A S | suburbs in t h e Colony of New South W a l e s should be supplied |
| it | is expedient | t h a t | t he | t o w n | of A l b u r y | and its |
| and l ighted wi th gas | A n d whereas for t he ca r ry ing out of t he works |
| necessary for such supply of gas a Jo in t | Stock Company | called |
t h e " A l b u r y Gas Company ( L i m i t e d ) " has by a m e m o r a n d u m of association lately been established a t A lbury aforesaid in accordance wi th and subject to t he provisions of the Companies A c t th i r ty-seven Victor ia n u m b e r n ine teen A n d whereas t he Munic ipa l Counci l of the Borough of Albury have at t he request of t h e Albury Gas Company (L imi t cd )and in consideration of t h e benefits to arise from the es tabl i shment and car ry ing ou t of such works consented to the vest ing in t h e said Company of all necessary powers and au thor i t ies so far as the r igh t and in teres t of the said Mun ic ipa l Council are concerned Be it therefore enacted by the Queen ' s Most Exce l l en t Majes ty by and wi th the advice and consent of the Legis la t ive Council and Legislat ive Assembly of New South Wales in Pa r l i amen t assembled and by the au thor i ty of the same as follows :—
1. The Albury Gas Company (Limited) is hereby fully author ized and empowered by its servants contrac tors agents workmen and others from t ime to t ime to m a k e erect s ink lay place fit ma in ta in and repai r such re to r t s gasometers meters receivers cisterns engines machines cuts drains sewers water-courses pipes reservoirs bui ld ings and other works a n d devices of such cons t ruc t ion and in such m a n n e r as t he A l b u r y Gas Company (Limited) shall th ink necessary or proper for the purpose of ca r ry ing out t h e operations of t he A lbu ry Gas Company (Limited)
| in respect of and inc identa l | to t h e m a k i n g | and supp ly ing of gas in |
conformity wi th this A c t and the said m e m o r a n d u m of association a n d also for all such purposes to open and break u p the soil and pavemen t of t h e several streets and bridges wi th in the l imits of the town and suburbs aforesaid and to open and break u p any sewers drains or tunne l s wi th in or unde r any such s t reets and br idges and to erect posts pi l lars l amps lamp-irons and o ther appara tus in or u p o n t h e same streets a n d br idges or against any wall or walls erected on or adjoining to any of t h e m and to dig and sink t r enches and drains and to lay mains and pipes and p u t stop-cocks siphons p lugs or b ranches from such mains in unde r across or a long such streets and br idges and also wi th such consent as hereinaf ter ment ioned to do the l ike in unde r across or a long a n y pr iva te roads ways lanes passages bui ldings and places and from t i m e to t ime to c u t remove a l ter repair replace and relay such m a i n pipes stop-cocks siphons p lugs branches or o ther appara tus Provided a lways t ha t no th ing in this section conta ined shall be deemed to author ize t h e said Company the i r servants contractors agen t s or workmen to en te r in to or upon a n y pr ivate l ands bui ldings or places for any of t he purposes aforesaid or the reon to carry out any of t h e operat ions of t he said Company wi thou t t h e previous consent
| a t any reasonable t ime by its servants agen t s or workmen en te r upon any land or place where in any pipe h a t h already been lawfully laid down or placed in p u r s u a n c e of this Ac t and repair or a l ter the exis t ing pipe or lay or place any new pipe in t he stead thereof and provided also | t h a t |
| in wr i t ing of the occupiers thereof | excep t t h a t t he said Company m a y |
| t h a t t h e said Company shal l unless in case of accident give | twenty-four |
hour s notice in wr i t ing to t h e counci l c lerk of t h e said munic ipa l i ty pr ior to t h e opening or b r eak ing u p as aforesaid of a n y s treet road
| p a v e m e n t | sewer | dra in | or | t u n n e l | wi th in | t h e | said | munic ipa l i ty . |
2. I t shall be lawful for t he said Company to con t rac t w i th
| a n y person | (whether incorporate or individual) for supp ly ing | w i t h |
gas any such person or any streets ways lanes passages manufac tor ies shops warehouses pub l i c or pr iva te houses bui ld ings and places and for such purpose from t ime to t ime to lay down carry fit u p connect a n d furnish any pipe b r a n c h or b u r n e r l a m p me te r or o the r a p p a r a t u s from or in connect ion wi th any m a i n pipe or to lay down any new m a i n w h i c h for such purposes m a y be requi red and to le t any such appara tus for h i re for such s u m as m a y be agreed upon which sum m a y be recovered in l ike m a n n e r as any r e n t or r emune ra t i on for t h e supp ly of gas Provided a lways t h a t in all cases where damage may be done by the said Company i ts agents w o r k m e n or o thers in t h e course of l ay ing on or r emov ing appa ra tus the said damage shal l be m a d e good a t t he expense of t h e said Company and in case t h e said Company shal l delay w i th in a reasonable t ime to m a k e good such damage t h e owner or occupier of such premises m a y m a k e good the same and recover t h e expenses thereof from t h e said Company in t he same m a n n e r as is here in provided for t h e recovery of any s u m of money payable unde r t he provisions of th i s A c t Provided also t h a t if any owner or occupier of a n y bu i ld ing t e n e m e n t or place or any person ac t ing for h i m shall refuse reasonable access in pu r suance of t h e provisions of th i s section or t he fifth section of th is A c t to t he
| contrac tors agents w o r k m e n or servants of t h e said Company for | t he |
| purpose of removing any such pipe b u r n e r | me te r or appa ra tus | placed |
or in t roduced in to any such bui ld ing t e n e m e n t or place by t h e said Company or shall p reven t or obs t ruc t such removal t h e n t h e said owner occupier or person ac t ing for h i m shall immedia te ly m a k e p a y m e n t to
| t h e | said | Company for such | pipe b u r n e r m e t e r or appa ra tus and in |
| defaul t of h is so doing | wi th in th ree days | after d e m a n d | thereof | m a d e |
| a t t h e same bu i ld ing t e n e m e n t | or place or t h e | residence or | las t -known |
residence of t h e pa r ty i t shall be lawful for t h e said C o m p a n y to m a k e compla in t thereof to any Jus t i ce of t h e Peace who m a y cause to be issued a summons to t he person so m a k i n g defaul t cal l ing on h i m to
| show cause before t h e neares t Court of P e t t y | Sessions to whe re | t h e |
| bu i ld ing t e n e m e n t or p lace is s i tuated | why he refuses to pay | such |
| d e m a n d a n d the reupon t h e said Cour t shal l proceed to t he | adjudicat ion |
| and enforcement of such demand in t he m a n n e r hereinaf ter | set for th |
| A n d if any person shall place or lay a n y pipe to communica t e wi th |
| any m a i n p ipe m e t e r or o ther appa ra tu s a l ready laid p laced or | erected |
| by t h e said Company or shal l use addi t ional | bu rne r s or bu rne r s of |
la rger dimensions or of o ther k ind or descr ipt ion t h a n he has cont rac ted wi th t h e said Company to use or shall keep t h e gas suppl ied by the said Company b u r n i n g for a longer t ime t h a n he has cont rac ted wi th t h e said Company to pay for or shall supply a n y person w i t h a n y of t h e gas suppl ied to h i m by t h e said Company wi thou t t h e Company ' s
| consent in wr i t i ng first obta ined or if a n y person shal l wan ton ly | or |
maliciously h inder or i n t e r r u p t a n y of t h e contractors w o r k m e n agen t s or servants of t h e said Company in legal ly doing or pe r forming a n y of t h e acts aforesaid or in exercis ing any of t h e powers and author i t ies b y th i s A c t given or if a n y person shal l wilfully or neg l igen t ly or accidental ly do or cause to be done any in ju ry or damage to a n y of t h e bui ldings mach ine ry pipes b u r n e r s l amps meters or appa ra tus of t h e said Company or remove t h e same or cause a was te or improper use of gas supplied by t h e said Company i t shall be lawful for t h e said Companv to m a k e a compla in t thereof before a n y Jus t i ce
of
of t h e Peace who m a y cause to he issued a summons to t h e person or persons so offending' to appear before t h e Cour t of P e t t y Sessions neares t to t h e place where such offence shall be commi t t ed and being thereof lawfully convicted such person shal l forfeit and pay to t h e said Company any s u m no t exceeding five pounds over and above a l l damages done and over and above all costs such s u m to be ascer ta ined b y such Cour t and to be enforced b y distress and all proceedings u n d e r th is A c t not here in expressly provided for shall be r egu la t ed and conducted in accordance wi th t h e powers of t he law in force for t he t ime be ing respect ing s u m m a r y proceedings before Jus t i ces of t h e Peace and al l such provisions shal l so far as t he same are appl icable be enforced and observed in all proceedings u n d e r th is A c t n o t here in expressly provided for.
| 3. N o pipe b u r n e r | l a m p | mete r | or other appa ra tus of t h e said |
Company being set u p in any bui ld ing t enemen t or place shal l be subject to distress for r e n t or shall be t aken in execut ion unde r a n y
| process or proceeding of any Cour t | of L a w | or | E q u i t y | or u n d e r | a n y |
| proceedings in b a n k r u p t c y or insolvency save so far as any process | or |
| proceedings against t he said Company are concerned. |
| 4. W h e n a n d so often | as t he said C o m p a n y | i ts | servants | con |
t rac tors agen t s or w o r k m e n shall have opened broken u p or removed t h e soil or pavemen t of any street or br idge as aforesaid or shall have opened or b roken u p a n y sewers drains or tunne l s wi th in or u n d e r any such streets or br idges t h e said Company shall m a k e all reasonable despatch in performance of the work to be done and shall on com plet ion of such work fo r thwi th ca r ry away all rubbish and waste or surp lus ma te r i a l and render such s t ree t or br idge and every such sewer dra in and t u n n e l wi th in or u n d e r t he same as near ly as possible in t he
| same condit ion as i t was in previously to t he d i s turbance thereof | and |
| du r ing t h e con t inuance of such work and un t i l such re ins ta t ement | t h e |
| said Company shall set u p sufficient barr iers and keep | l ights | b u r n i n g |
a t n i g h t in order to p reven t accidents A n d also when and so often as a n y gas p i tch waste t a r waste l iquid or other t h ings shal l escape or flow from any pipe receivers or drain be ing par t of or incidenta l to the works to be erected unde r th is Ac t so as to con tamina te t h e air or any
| s t ream spr ing or o ther water -course | or body of water n a t u r a l or |
artificial and render t he same u n h e a l t h y or offensive or unfi t for use i t shall be lawful for any person to give not ice thereof in wr i t ing to t h e said Company who shall immedia te ly t ake t h e most speedy and effectual measures to p reven t and remedy t h e same and if the said Company shall m a k e default in any of t h e ma t t e r s so requi red by i t
| to be performed i t shall be lawful for any person to lodge compla in t |
thereof before any Jus t i ce of the Peace w h o m a y s u m m o n t h e said Company before t he neares t Cour t of P e t t y Sessions and on proof of such defaul t t he said Cour t of P e t t y Sessions shall order and direct t h a t t he said ma t t e r s shall be done by the said Company wi th in a reasonable t ime to be n a m e d by such Cour t and in default of compl iance wi th such order any J u s t i c e of t h e Peace on proof of such defaul t on t h e p a r t of t he said Company and on proof t h a t t he compla inan t or any o ther person has performed t h e said w o r k so to be done a n d of t he costs charges and expenses a t t end ing t h e same shall issue a distress w a r r a n t aga ins t the goods and chat te ls of t he said Company for any a m o u n t no t exceeding t h e said charges a n d expenses and the cost of p rosecu t ing such compla in t to be paid to t he person per forming the said work as aforesaid.
| 5. | The price for t h e gas shall at no t ime exceed t w e n t y | shi l l ings |
per thousand cubic feet and t h e gas supplied shall be absolutely free from su lphure t ted hydrogen and shal l be of such m i n i m u m qual i ty as
| to produce from an Argand b u r n e r h a v i n g | fifteen | holes and a | seven- |
i nch ch imney consuming five cubic feet of gas per h o u r a l igh t equa l in in tens i ty to t h e l igh t produced b y fifteen sperm candles of six in t he
| p o u n d | b u r n i n g | one hund red | and | t w e n t y | grains | per | hour . |
6. The said Company shall wi th in twelve m o n t h s after receiving not ice from t h e Borough Council p u t rip a t some tes t ing place to be provided by t h e said Counci l wi th in t h e Borough sui table appa ra tus for t he purposes following—
| (i.) | F o r tes t ing t he i l l umina t ing power of t he gas | supplied. |
| ( n . ) | F o r | tes t ing t h e presence | of su lphure t ted | hyd rogen | in | t h e |
gas supplied The said appara tus shal l be in accordance w i t h t h e schedule he reun to annexed and shall a t all t imes be k e p t a n d main ta ined in good repair a n d work ing order by t h e said Company.
7. The Borough Council m a y from t ime to t i m e appoin t a competen t and impar t ia l person to be gas examiner to tes t t h e gas a t t he tes t ing place who shal l test t h e i l lumina t ing power and p u r i t y of t h e gas supplied on any or every clay and t h e said Company may be represented a t t he tes t ing if they shall t h i n k fit b u t shall no t be
| ent i t led ei ther by themselves or the i r representat ives to in terfere | i n |
| t he | tes t ing. |
8. The gas examiner shal l on t he day immedia te ly following t h a t on which the tes t ing was made b y h i m deliver to t he Borough Counci l a report of such tes t ing and shall deliver a copy thereof to t h e said Company and such repor t shal l be receivable in evidence.
9. A n y gas examiner appoin ted by the Borough Council shal l be paid a salary n o t exceeding one hundred pounds per a n n u m which shall be paid one moiety by t h e Council and t h e other moie ty b y t h e said Company.
10. N o mete r shall be used for ascer ta in ing the quan t i t y of gas sold by the said Company unless t h e same shal l have its measur ing capaci ty a t one revolut ion or complete act ion of the me te r and also t h e quan t i ty pe r hour it is in tended to measure in cubic feet or mul t ip les or decimal pa r t s of a cubic foot denominated or marked on t h e outside thereof in legible le t ters or figures and shal l have been tested and s tamped as correct by t he Eng l i sh W a r d e n of S tandards or by the inspector of meters appointed from t ime to t i m e by the said Borough Council or o ther t h e person or persons Avho m a y hereafter be appoin ted by any A c t or Acts of t he P a r l i a m e n t of N e w Sou th Wales or in pur suance thereof in t h a t behalf to test and s t amp gas meters .
1 1 . A n inspector of mete rs m a y from t ime to t ime be appointed
| au thor ized by t h e Council on t he appl icat ion and a t t h e expense of any | by t h e Borough Council and the said inspector shal l a t all t imes w h e n |
| consumer of gas suppl ied by t h e said Company be ent i t led to inspect and tes t t h e meters erected by t h e said Company in t he premises of t h e person m a k i n g such reques t after g iv ing for ty-e ight hours not ice of such in tended inspect ion to t he said Company and before such inspec t ion t h e person r equ i r i ng the same shall deposit in t he hands of t h e inspector al l money due or appea r ing to be due by such person to t h e said Company on account delivered and in case such deposit shal l be i n excess of the s u m found to be d u e to t h e said Company such excess |
| shal l be r e tu rned | to t h e | consumer . | |
| 12. N o mete r which shal l have been fixed by t h e said Company for use before t he expi ra t ion of one year of t h e t ime when th i s A c t comes into operat ion shall be allowed to r emain in use after t he expira t ion of five years f rom t h a t t ime unless it shal l have been tested a n d |
| s tamped as by th is A c t directed and no me te r once tes ted and | s tamped | |
| u n d e r t he provisions of th i s A c t sha l l be allowed to r ema in in use for more t h a n seven years from t h e t i m e w h e n i t shall have been last so s t amped unless and un t i l it shall have been re-tested and re-s tamped |
in
i n m a n n e r aforesaid and whenever t he said Company shal l knowing ly al low any m e t e r to he used in cont ravent ion of th is section t h e y shall he liable to a pena l ty n o t exceeding forty shi l l ings for every such offence.
| 1 3 . | Af te r | t h e | expi ra t ion | of one | year from t h e | t ime w h e n | th is |
A c t comes in to operat ion t he legal s tandard or un i t of measure for t h e sale of t h e said Company ' s gas by me te r shal l be t he cubic foot con t a in ing s ix ty- two and three hund red a n d twenty-one thousand ths (G2'321) pounds avoirdupois weigh t of distilled or r a in wa te r weighed in air a t t h e t e m p e r a t u r e of s ix ty- two degrees Fah renhe i t ' s t h e r m o m e t e r
| t h e | ba romete r | be ing | a t | t h i r t y | inches. |
14. I f a n y person shal l forge or counter fe i t or cause or procure to be forged or counterfei ted or knowing ly ac t or assist in t he forging or counter fe i t ing of any s t amp which m a y hereafter be used for t he s t a m p i n g of a n y meter u n d e r th is A c t every person so offending shall for every such offence be l iable to a pena l ty no t exceeding fifty pounds or less t h a n t en pounds and if any person shal l knowing ly sell u t t e r or dispose of let lend or expose for sale any mete r wi th such forged s t a m p the reon every person so offending shall for every such offence be l iable to a pena l ty no t exceeding t en pounds or less t h a n forty shi l l ings a n d all meters hav ing forged or counterfe i ted s tamps thereon shall be forfeited and destroyed.
15 . Al l gas supplied by t h e said Company shal l except in case of accident be supplied a t such pressure as to ba lance from midn igh t to sunset a co lumn of water not less t h a n s ix- tenths of an inch in he igh t and to balance from sunset to m i d n i g h t a co lumn of water no t
| less t h a n one inch in | he igh t . |
16. I t shall be lawful for t h e said Company to cu t off and t ake
| away t h e | supply of gas from | the bu i ld ing | t e n e m e n t or o ther place of |
| every person or body | m a k i n g defaul t | in p a y m e n t after | g iv ing | twen ty - |
four hours not ice to t he occupier and thencefor th to d iscont inue t h e supply of gas cont rac ted for wi th t he said Company b y such person or body a n d to en te r by itself its agents or w o r k m e n in to such bu i ld ing t enemen t or place be tween the hours of n ine in t h e forenoon and four in t h e af ternoon and remove and carry away any pipe bu rne r s l amp me te r or other appa ra tus t he proper ty of t h e said Company and t h e said Company shall have t he l ike powers w i th regard to cu t t i ng off t a k i n g away and d iscont inuing t h e supply of gas in t he case of t h e bu i ld ing t enemen t or place of any person who shal l have been lawfully