Armidale Gas Company's Incorporation Act of 1884 No agc (NSW)

An Act to incorporate the Armidale Gas Company (Limited) and to enable the said Armidale Gas Company (Limited) to construct Gas-works within the city of Armidale. [20th June, 1884.]

of New South Wales should be supplied and lighted with gas And whereas for the carrying out of the works necessary for such supply of gas a Joint Stock Company called the Armidale Gas Company (Limited) has lately been established at Armidale in the Colony of New South Wales under and subject to the rules regulations restrictions and provisions contained in certain articles of association signed in the month of October one thousand eight hundred and eighty-three and purporting to be the articles of association of the said Company And whereas by the memorandum of association of the said Company it was declared that the objects for which the said Company was estab­ lished were to manufacture gas and supply the same in the town and suburbs of Armidale and to carry on the business of a gas company in all its branches To manufacture render saleable and deal in coke tar pitch asphaltum and all residual products obtained in the manufacture of

WHEREAS it is expedient that the city of Armidale in the Colony

of gas To construct and maintain works for manufacturing receiving and purifying gas and all other works buildings pipes plant machinery appliances and apparatus necessary or proper for the manufacture or supply of gas To purchase lease or otherwise acquire lands buildings easements collieries plant machinery and all other goods chattels or things used by the said Company for the purposes of its undertaking To obtain an Act or Acts of Paliament and all other authorities for enabling the Company to carry into effect all or any of the above objects And whereas by the said memorandum of association it was further agreed that the capital of the said Company should consist of eight thousand pounds divided into eight thousand shares of one pound each And whereas by the said articles of association provision has been made for the payment of dividends and for increasing the capital of the Company and also for the due management of the affairs of the said Company And whereas the said Company is desirous of being incor­ porated and it is expedient that it should be incorporated accordingly and empowered to construct gas-works within the municipal boundaries of the city of Armidale but subject to the provisions hereinafter con­ tained And whereas the Borough Council of the city of Armidale have at the request of the Armidale Gas Company (Limited) and in consideration of the benefits to arise from the establishment and carrying out of such works consented to the vesting of the said Company of all necessary powers and authorities so far as the rights and interest of the said Borough Council are concerned Be it therefore enacted by the Queen's Most Excellent Majesty by and with the advice and consent of the Legislative Council and Legislative Assembly of* New South Wales in Parliament assembled and by the authority of the same as follows :—•

1. Such and so many persons as have already become or may in the manner provided by and subject to the rules regulations and provisions contained in the articles of association become pro­ prietors of shares of or in the capital for the time being of the said Company shall for the purposes aforesaid but subject nevertheless to the conditions restrictions regulations and provisions hereinafter contained be one body politic and corporate in name and in deed by the name of the " Armidale Gas Company (Limited)" and by that name shall and may sue any person or persons body or bodies politic or corporate whether a member or members of the said Corporation or not and may sue and be sued implead and be impleaded in all Courts whatso- ever at law or in equity and may prefer lay or prosecute any	indictment information and prosecution against any person or persons	whomsoever for any stealing embezzlement fraud forgery crime or
offence; and in all indictments informations and prosecutions it shall be lawful to state the money and goods effects bills notes securities or other property of the said Company to be; the money goods effects bills notes securities or other property of the said Corporation and to designate the said Company or co-partnership by its corporate name whenever for the purpose; of any allegation of any intent to defraud or otherwise howsoever such designation shall be necessary and the said Corporation shall have perpetual succession with a common seal which may be altered varied and changed from time to time at the pleasure of the said Corporation.
2. The several laws rules regulations clauses and agreements contained in the said articles of association or to be made under or by virtue or in pursuance thereof shall be deemed and considered to be and shall be the by-laws for the time being of the said Corporation save and except in so far as any of them are or shall be or may be altered varied or repealed by or are or shall be or may be inconsistent or incompatible with or repugnant to any of the provisions of this Act

or

or any of the laws or statutes now or hereafter to he in force in the said Colony hut no rale or by-law shall on any account or pretence whatsoever be made by the said Corporation either under or by virtue of the said articles of association or of this Act in opposition to the general scope or true intent and meaning of this Act or of any of the laws or statutes in force in the said Colony and the production of a written or printed copy of the said articles of association or of any rules by-laws or regulations to be made in pursuance thereof or in pursuance of this Act having the common seal of the Company affixed thereto shall be sufficient evidence in every Court of civil or criminal jurisdiction of such articles of association or of such by-laws rules or regulations.

3 . I t shall be lawful for the said Corporation from time to time

to extend or increase its capital for the time being by the creation and disposal of new shares in the manner specified and set forth and subject to the rules regulations and provisions contained in the said articles of association.
4. The Company shall keep a book to be called the " Share Register" and in such book shall be fairly and distinctly entered from time to time the names and addresses of the several persons entitled to shares in the Company together with the number of shares to which such shareholders shall be respectively entitled.

5 . The production of the share register shall be admitted in all

Courts of civil and criminal jurisdiction as prima facie evidence of the person named therein as a shareholder being such shareholder and of the number of his shares and every shareholder or other person having a judgment at law or a decree in equity against the Company may at all convenient times peruse the share register gratis and may require a copy thereof or any part thereof and for every one hundred words or part of one hundred words so required to be copied the Company may demand a sum not exceeding one shilling.

6. The capital or joint stock for the time being and all the funds and property of the said Corporation and the several shares therein and the profits and advantages to be derived therefrom shall be and be deemed to be personal estate and be transmissible accordingly subject to the regulations of the said articles of association.
7. The Corporation shall not be bound in any manner by any trusts or equitable interests or demands affecting any shares of the capital standing in the name of any person as the ostensible proprietor thereof or be required to take any notice of such trusts or equitable

interests or demands but the receipt of the person in whose name the

shares shall stand in the books of the said Corporation shall notwith­

standing such trusts or equitable interests or demands and notice thereof to the said Corporation be a good valid and conclusive discharge to the Corporation for or in respect of any dividend or for money payable by the said Corporation in respect of such shares and a transfer of the said shares in accordance with the regulations in that behalf contained in the said articles of association by the person in whose name such shares shall so stand shall notwithstanding as aforesaid be binding and conclusive as far as may concern the said Corporation against all persons claiming by virtue of such trusts or equitable interests or demands Provided always that nothing herein contained shall bo deemed or taken to interfere with or abridge the right and power of a Court of Equity to restrain the payment of any such dividend or other money payable thereafter by the Corporation in respect of any such shares or the transfer thereafter of any such shares or to direct the payment of such dividends or other money by the Corporation or the transfer of such shares by the person in whose name they may stand to such other person as such Court may think fit.

S.

8. I t shall he lawful for the said Corporation any statute or law to the contrary notwithstanding to purchase take hold and enjoy to them and their successors for any estate term or interest all such houses offices buildings lands and hereditaments as may be necessary or proper for the purpose of managing and conducting and carrying on the affairs concerns and business of the said Corporation and to sell convey assign assure lease and otherwise dispose of or act in respect of such houses offices buildings lands and hereditaments as occasion may require for the purposes of the said Corporation.

9. I t shall be lawful for all persons who are or shall be otherwise competent so to do to grant sell alien convey demise assign and dispose of unto and to the use of the said Corporation and their successors for the purposes aforesaid or any of them any such houses offices lands hereditaments and other real estate whatsoever as aforesaid accordingly.

10. No dividend or bonus shall in any case be declared or paid out of the subscribers' capital for the time being of the said Company or otherwise than out of the declared surplus capital net gains and profits of the business.

11. In any action or suit to be brought by the said Corporation

against any proprietor of any shares in the capital of the said Corpora­ tion to recover any sum of money due and payable to the said Corporation for or by reason of any call or the arrears thereof made by virtue of this Act or by the said articles of association it shall be sufficient for the Corporation to declare and allege that the defendant being the proprietor of such or so many shares in the capital of the said Corporation is indebted to the said Corporation in such sum of money (as the call in arrears shall amount to) for such call of such sum of money upon such share or so many shares belonging to the said defendant whereby an action hath accrued to the said Corporation without setting forth any special matter and on the trial of such action or suit it shall not be; necessary to prove the; appointment of directors who made such call or any other matter except that the defendant at the time of making such call was a holder or proprietor of one or more share or shares in the capital of the said Corporation and that such call or calls was or were in fact made and such notice thereof and of the time fixed for the payment thereof given as directed by the said articles of association and the said Corporation shall thereupon be entitled to recover what shall appear due upon each call with interest thereon.

12. If any execution either at law or in equity shall be or shall have been issued against the property or effects of the Company and if there cannot be found after due difigence sufficient whereon to levy such execution then such execution may be issued against any of the shareholders for the time being or any former shareholder until such execution shall be fully satisfied Provided that no such execution shall be issued against any shareholder or former shareholder for any amount beyond the sum due by such shareholder in respect of the amount agreed to be subscribed for towards the capital of the said Company and unpaid by him and no such shareholder or his real or personal estate shall be liable for any debt or demand whatsoever due or to become due by the said Company beyond the amount not then paid up upon his shares in the capital of the Company Provided always that no such execution shall issue against any such shareholder or former shareholder except upon an order of the Court in which the action suit or other proceeding shall have been b rough t or instituted made upon motion in open Court after sufficient notice in writing to the person sought to be charged And upon such motion such Court may

order execution to issue accordingly

Provided further that in case of execution

execution against any former shareholder it shall be shown that such former shareholder was a shareholder of the Company at the time when the contract or engagement was entered into for breach of which contract or engagement such execution shall have issued or became a shareholder during the time such contract or engagement was unexe­ cuted or unsatisfied or was a shareholder at the time the judgment or decree was obtained upon which judgment or decree such execution shall have issued Provided also that in no case shall such execution be issued against the person property or effects of any former share­ holder after the expiration of one year after the person sought to be charged shall have ceased to be a shareholder of the Company.

13. Every shareholder against whom or against whose property or effects execution upon any judgment decree or order obtained as aforesaid shall have been issued as aforesaid shall be entitled to recover against the Company all loss damages costs and charges which such shareholder may have incurred by reason of sucli execution and after due diligence used to obtain satisfaction thereof against the property and effects of the Company such shareholder shall be entitled to con­ tribution for so much of such loss damages costs and charges as shall remain unsatisfied from the several other shareholders against whom execution upon such j udgment decree or order obtained against the Company might also have been issued under the provision in that behalf aforesaid as and subject to the limitation herein provided and such contribution may be recovered as aforesaid according to the pro­ visions in that behalf in the said articles of association contained.

11. I n the case provided by this Act for execution of any judg­

ment decree or order in any action or suit against the Company to be issued against the person or against the property and effects of any shareholder or former shareholder of the Company or against the property and effects of the Company at the suit of any shareholder or former shareholder in satisfaction of any money damages costs and expenses paid orincurred by him as aforesaid in any action or suit against the Company such execution may be issued by leave of the Court or of a Judge of the Court in which such judgment decree or order shall have been obtained upon motion or summons for a rule to show cause or other motion or summons consistent with the practice of the Court without any suggestion or scire facias in that behalf and it shall be lawful for such Court or Judge to make absolute or discharge such rule or allow or dismiss such motion (asthe case maybe) and to direct the costs of the application to be paid by either party or to make such

other order therein as to such Court or Judge shall seem fit and in such	cases such forms of writs of execution shall be sued out of the Courts
of law and equity respectively for giving effect to the provisions in that behalf aforesaid as the Judges of such Courts respectively shall from time to time think fit to order and the execution of such writs shall be enforced in like manner as writs of execution are now enforced Provided that any order made by a Judge as aforesaid may be discharged or varied by the Court on application made thereto by either party dissatisfied with such order Provided also that no such motion shall be made nor summons granted for the purpose of charging any shareholder or former shareholder until ten days' notice thereof shall have been given to the person sought to be charged thereby.
15. In all cases in which by any Act of Parliament or of the Colonial Legislature or by any rule or order of the practice of the Supreme Court or any other Court now or hereafter to be in force in this Colony the plaintiff complainant or defendant in any action suit or other proceeding civil criminal or otherwise or any creditor of an insolvent estate or any person being a party to or interested in any process or proceeding whatsoever is or shall be; authorised empowered

or

or required to make any affidavit deposition or in formation orto sign or present any petition or to do any other act it shall he lawful and competent for the secretary or other officer or agent of the Company where such Company shall be such plaintiff complainant defendant or creditor or be a party to or otherwise interested in any process or proceeding whatsoever as aforesaid for and on behalf of the Company to make any such affidavit deposition complaint or information sign or present any such petition or do any such other act as aforesaid.

10. The directors for the time being shall have the custody of the common seal of the Company and the form thereof and all other matters relating thereto shall from time to time be determined by the directors in the same manner as is provided by the said articles of association for the determination of other matters by the directors And the directors present at a Board of Directors of the Company or a majority of them shall have power to use such common seal or authorize the same to be used for the affairs and concerns of the Company and under such seal to authorize and empower any person without sucli seal to execute any deeds and do all or any such other matters and things as may be required to be executed and done on behalf of the Company in conformity with the provisions of the said articles of association and of this Act But it shall not be necessary to use the corporate seal in respect of any of the ordinary business of the Company or for the appointment of an attorney or solicitor for the prosecution or defence of any action suit or pro­ ceeding or of any officer or servant of the Company and such seal may be affixed to any deed or document by any director of the said Company or by the hand of any person whom the directors shall appoint in that behalf and the affixing thereof shall be attested by at least one director and such person so appointed.

1 7 . The said Corporation is hereby fully authorized and em­

powered by its servants contractors agents workmen and others from time to time to make erect sink lay place lit and maintain such retorts gasometers meters receivers cisterns engines machines cuts drains

seAvers watercourses pipes reservoirs buildings and other works and

devices of such construction and in such manner as the said Corpora­ tion shall think necessary or proper for the purpose of carrying out the operations of the said Corporation and also in carryiug out the objects of the Corporation to break up the soil and pavement of any footpath highway street road way lane passage or other public place or thoroughfare or of any roadway thoroughfare or place dedicated

to or used by the public as such or any part or parts thereof and to

highways streets roads ways lanes passages and other thoroughfares

erect posts pillars lamps lamp-irons and other apparatus in the same

and places against any wall or Avails erected on or adjoining to any of them and to dig and sink trenches and drains and to lay mains and pipes and put stop-cocks siphons plugs or branches from such mains or pipes in under across or along such highways streets roads ways lanes passages and other thoroughfares and places and also with such consent as hereinafter mentioned to do the like in under across or along any private roads Avays lanes passages buildings and places And from time to time to cut stop remove alter repair replace; and relay such main-pipes stop-cocks siphons plugs branches or other apparatus Provided always that nothing herein contained shall be deemed to authorize the said Corporation its servants contractors agents or workmen to enter into or upon any private lands buildings or places for any of the purposes aforesaid or thereon to carry out any of the operations of the said Corporation without the previous consent of the occupiers thereof except that the Corporation by its servants agents or workmen may at any reasonable time cuter upon any land

or

or place wherein any pipe hath already been lawfully laid down or placed in pursuance of this Act and repair or alter the existing pipe or lay or place any new pipe in the stead thereof And provided also that the Corporation or the secretary or other officers agents or servants thereof shall except in case of accident give forty-eight hours' notice in writing to the Council Clerk of the Borough of Armidale prior to the opening or breaking up of streets lanes or otherwise as aforesaid.

IS. I t shall be lawful for the said Corporation to contract with any persons (whether incorporate or individual) for supplying with gas any such person or persons or any streets ways lanes passages manufactories shops warehouses public or private houses buildings and places and for such purpose from time to time to lay down carry fit up connect and furnish any pipe branch or burner lamp meter or other apparatus from or in connection with any main pipe or to lay down any new main which for such purposes may be required Pro­ vided always that in all cases (where it is not otherwise expressly stipulated and agreed) the said Corporation its servants contractors workmen or agents shall at its own expense on the expiration or determination of any tenancy of any occupier so giving consent as aforesaid or on non-payment of the sums payable by the owner or occupier of any building tenement or place for gas supplied thereto at any time within twelve months from such expiration determination or default within fourteen days after notice in writing for that purpose from or on behalf of the owner or succeeding occupier of such building tenement or place shall have been received by the said Corporation enter into and upon such building tenement or place and remove take and carry away or cause to be removed taken or carried away any pipe burner lamp meter or apparatus which shall have been placed and introduced by the said Corporation therein and repair and make good such portions of such building tenement or place as may be damaged or defaced by such removal And in case the said Corporation shall neglect so to do for fourteen days after receipt of such notice it shall be lawful for such owner or succeeding occupier (provided free and reasonable access has not been refused to the agents servants and workmen of the said Corporation for the purpose aforesaid) to remove or cause to be removed all such pipes burners lamps meters or apparatus and to repair and make good the damages and defacements to the said building tenements or place caused thereby the reasonable costs and charges attending which shall immediately be paid by the said Cor­

poration to the owner or occupier making such repairs as aforesaid
and in default of such sum being paid by the said Corporation within

three days after demand thereof in writing made at the offices of the said Corporation it shall be lawful for the said owner or occupier or his or her agent to make complaint thereof before any Justice who may cause a summons to be issued in the usual form calling on the said Corporation to show cause before the nearest Court of Petty Sessions of the Police District in which such building tenement or place is situated why such demand has not been satisfied And if the said Corporation fails to show cause accordingly it shall be lawful for the sitting Justices to order or award payment of the demand or any part thereof to such complainant together with such costs and satis­ faction for his expense and trouble as to them may seem meet and such order or award to enforce by distress Provided also that if any owner or occupier of any building tenement or place or any person acting for him shall refuse reasonable access to the contractors agents workmen or servants of the said Corporation for the purpose of removing any such pipe burner meter or apparatus placed or intro­ duced into any such building tenement or place by the said Corporation

or

or shall prevent or obstruct such removal then the said owner occupier or person acting for him shall immediately make payment to the said Corporation for such pipe burner meter or apparatus And in default of his so doinsr Avithin three davs after demand thereof made at the said building tenement or place or the residence of the party it shall be lawful for the said Corporation to make complaint thereof before any Justice of the Peace who may cause to be issued a summons to the person so making default calling on him to show cause before the Court of Petty Sessions of the Police? District where the building tenements or place is situated why he refuses to pay such demand And thereupon the said Court should proceed to the adjudication and enforcement of such demand in the manner in this clause set forth And if any person shall place or lay any pipe to communicate with any main-pipe meter or other apparatus already laid placed or erected by the said Corporation or shall use; additional burner or burners of larger dimensions or of other kind or description than that he has contracted to pay for or shall supply any person with any of the gas supplied to him by the said Corporation without the consent in writing of tlie said Corporation first obtained or if any person shall wantonly or maliciously hinder or interrupt the contractors Avorkmen agents or servants of the said Corporation in legally doing or performing any of the works aforesaid or in exercising the powers and authorities by this Act given or if any person shall wilfully negligently or accidentally do or cause to be done any injury or damage to any of the buildings machinery pipes burners lamps meters or apparatus of the said Corporation or remove the same or cause a waste or improper use of gas supplied by the said Corporation it shall be lawful for the said Corporation to make complaint thereof before any Justice of the Peace

Avho may cause to be issued a summons to the person so offending to

appear before the Court of Petty Sessions of the police district Avbere

such offence shall be committed and being thereof laAvfully convicted

such person shall forfeit and pay to the said Corporation any sum not exceeding five pounds over and above all damages done and over and above all costs to be ascertained by such Court and to be enforced in the manner in this clause before set forth And all proceedings under this Act not herein expressly provided for shall be regulated and conducted in accordance Avith t he poAvers of t he law in force for the time being respecting summary proceedings before Justices of t he Peace and all

such provisions shall so far as the same are applicable be enforced

and observed in all proceedings under this Act not herein expressly

provided for.

1 9 . When and so often as the said Corporation its contractors

agents or Avorkmen shall have broken up or removed a n y pavement stone or other material of any highway road street Avay lane passage or other public place or thoroughfare or of any road way thoroughfare or place dedicated to or used by the public as such the said Cor­ poration shall make all reasonable despatch in performance of the work to be done and shall on completion of such work forthwith carry aAvay all rubbish and waste or surplus material and to reinstate each pavement stone or other material and render such highway road street Avay lane passage or other place as nearly as possible i n t he same condition as it was in previously to the disturbance thereof And during the continuance of such work and until such reinstate­ ment to set up barriers and keep lamps or (ires burning at night in order to prevent accidents And also Avhcn and so often as any gas pitch Avaste liquid or other things shall escape or flow from any pipe receiver or drain so as to contaminate the air or water and render the same unhealthy or offensive it shall be lawful for any person to give notice thereof in writing to the said Corporation who shall immediately

• / take'

take the most speedy and effectual measures to remedy and prevent the same And if the said Corporation shall make default in any of the matters so required by it to be performed it shall be lawful for any person to lodge complaint thereof before any Justice of the Peace who may summon the said Corporation before the nearest Court of Petty Sessions and on proof of such default the said Court of Pet ty Sessions shall order and direct that the same shall be done by the said Corpora­ tion within a reasonable time to be named by such Court and in default of compliance with such order any Justice of the Peace on proof thereof and on proof that the complainant or any other person has per­ formed the said work so to be done and of the costs charges and expenses attending the same shall issue a distress warrant against the goods and chattels of the said Corporation for any amount not exceed­ ing the said charges and expenses and the costs of prosecuting such complaint to be paid to the person performing the said work as aforesaid.

20. And in case any body or bodies corporate commissioners trustees surveyors or any other person or persons who shall contract with the said Corporation or agree to take or shall take or use and enjoy the gas of the said Corporation either in private dwellings shops inns taverns or other public or private buildings or manufactories grounds or premises or otherwise shall refuse or neglect to pay the sum or sums of money due under their his or her contract for the same to the said Corporation according to the terms and stipulations of the said respective parties with the said Corporation it shall be lawful for the said Corporation without prejudice to any other remedy to make com­ plaint thereof before any Justice of the Peace who may issue a summons to the party so refusing or neglecting to pay as aforesaid calling on him to show cause before the Court of Petty Sessions in the Police District in which such building tenement or place is situated why he refuses to pay such sum or sums And thereupon the said Court shall proceed to the adjudication of the said demand and the amount thereof with costs charges and expenses incurred in the prosecution thereof may be enforced by distress and sale of the goods and chattels of the person so neglecting or refusing to pay the same rendering the surplus if any to such person or persons so neglecting or refusing And it shall be lawful for the said Corporation after seven days' notice to cut off and take away the supply of gas from the house or houses inn tavern shop manufactory warehouse or other building premises or places of every such person so making default in payment of such sum or sums of money then due by his her or their contract to the said Corporation

and thenceforth to discontinue the supply of gas contracted for with
the said Corporation by such person or persons.

21. The secretary engineer or other officer duly appointed for

such purpose by the Company may at all reasonable times enter any building tenement or place lighted with gas supplied by the Company in order to inspect the pipes lamps burners meters or other apparatus of or connected with the works of the Company to regulate the supply of gas or to ascertain the quantity of gas consumed or supplied and if any person shall hinder any such officer aforesaid from so entering or making such inspections at any reasonable time such persons shall for every such offence forfeit and pay to the Company a sum of money not exceeding five pounds to be awarded and recovered by the Com­ pany in like manner as the penalties aforesaid.

22. No pipe burner lamp meter or other apparatus of the said Corporation being set up in any building tenement or place shall be subject to distress for rent or shall be taken in execution under any process or proceeding of any Court of law or equity or under any proceedings in insolvency save so far as any processes or proceedings against the Corporation are concerned.

23 . I n t h e event of the wrongful exercise of any powers given

by th is A c t no th ing in th is A c t conta ined shall be const rued to

p r even t any person from indic t ing or otherwise proceeding aga ins t t h e said Corporat ion for nu isance or otherwise in respect of the works or means used or employed by the said Corporat ion in exercising the privileges hereby on i t conferred nor shall a n y t h i n g herein contained l imi t res t r ic t or in a n y m a n n e r affect t he r i g h t of any munic ipa l i ty or of a n y other person or Company hereafter empowered by the Legis­ la tu re to supp ly gas to t h e said city of Armida le or to exercise any powers wh ich i t m a y be deemed exped ien t or necessary to g ran t for

t h a t purpose .

24. The price for t h e gas shall a t no t ime exceed seventeen shi l l ings per t housand cubic feet and the gas supplied shal l be absolutely free from su lphure t t ed hydrogen and shall be of such m i n i m u m qual i ty as to produce from an Argand bu rne r hav ing fifteen ho lesand a seven-inch ch imney consuming five cubic feet of gas per h o u r a l ight equa l in in tens i ty to t he l ight produced by fifteen sperm candles of six in t he pound b u r n i n g one hund red a n d t w e n t y grains per hour .

25. 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 u p a t some tes t ing place, to be provided by t h e said Council w i th in t he borough sui table appa ra tus for t he purposes following :—

(i.)	F o r tes t ing t h e i l l umina t ing power of the gas supplied.
( i i . )	F o r t es t ing t h e presence of su lphure t ted hydrogen in the gas
supplied The said appa ra tus shall be in accordance wi th t h e Schedule he reun to annexed and shall a t all t imes be kep t and main ta ined in good repair and work ing order by t he
said Company .

26. The Borough Council m a y from t ime to t i m e appoin t a compe ten t and impar t i a l person to be gas examine r to test t he gas a t t h e t e s t ing place who shal l test t he i l l umina t ing power a n d pur i ty of t he gas supplied on any or every day and the said Company m a y be represented a t t h e t e s t ing if they shal l t h i n k fit b u t shall no t be ent i t led e i ther by themselves or thei r representa t ive to interfere in t he tes t ing .

27. T h e gas examine r shal l on the day immedia te ly following t h a t on which t h e tes t ing was m a d e by h i m deliver to t he Borough Counci l a repor t of such tes t ing and shal l deliver a copy thereof to the said Company and such report shall be receivable; in evidence.
28 . A n y gas examiner appoin ted by the Borough Council shall

be paid a salary not exceeding one hundred pounds per a n n u m which

shal l be paid one moie ty by the Council and the o ther moie ty by the said Company.

29.    N o me te r shal l be used for ascer ta ining the quan t i t y of gas

sold b y t h e said Company unless t he same shall have its measu r ing capac i ty a t one revolut ion or complete act ion of the me te r and also t h e q u a n t i t y per h o u r it is in tended to measure in cubic feet or mul t ip les or decimal par t s of a cubic foot denominated or m a r k e d on t h e outside thereof in legible le t ters o r figures and shall have been tested and s t amped as correct by the Engl i sh W a r d e n of S tandards or by t he inspector of me te r s appointed from t ime to t ime by the said Borough Counci l or o ther t h e person or persons who m a y hereafter be appointed b y a n y A c t or Ac ts of t h e Pa r l i amen t of N e w South Wales o r in pur ­ suance thereof in t ha t behalf t o test and s tamp gas-meters .
80. A n inspector o f meters may from t ime to t ime be appointed by the Borough Council and the said inspector shall a t all t imes when author ized by the Counci l on t h e appl icat ion and a t the expense of any consumer of gas supplied by the said Company be ent i t led to inspect and tes t t he meters erected by the said Company in the premises of t he person m a k i n g such reques t after giving forty-eight hours ' notice of

such

such in tended inspect ion to t he said Company and before such inspec­ t ion the person r equ i r ing t h e same shall deposit in t h e hands of t h e inspector al l money due or appear ing to be due by such person to t he said Company on account delivered and in case such deposit shall be in excess of the s u m found to be due to t he said Company such excess shal l be r e tu rned to the consumer.

3 1 . N o m e t e r which shal l have been fixed by the said Company

for use before t h e expira t ion of one year of t he t ime when this Ac t comes in to operat ion shall be al lowed to r emain in use after t h e expira­ t ion of five years from t h a t t ime unless i t shall have been tes ted and s tamped as by th is A c t directed and no mete r once tested and s t amped under t he provisions of th is A c t shall be allowed to r ema in in use for more t h a n five years from the t i m e w h e n it shall have been last so s tamped unless a n d u n t i l i t shall have been retested and res tamped in m a n n e r aforesaid and whenever t he said Company shal l knowing ly allow any me te r to be used in contravent ion of th is section t hey shall be liable to a pena l ty no t exceeding forty shill ings for every such offence.

32. After t he expira t ion of one year from the t ime w h e n this
Act comes in to operat ion t h e legal s tandard or u n i t or measure for the

sale of t h e said Company ' s gas by mete r shall be t he cubic foot con­

ta in ing s ixty- two and t h r ee h u n d r e d and twenty-one thousand ths

(62-321) pounds avoirdupois we igh t of distilled or ra in wa te r weighed

in air a t t he t empe ra tu r e of s ix ty- two degrees of F a h r e n h e i t ' s ther ­

momete r t h e baromete r be ing a t t h i r t y inches.

33 . If any person shall forge or counterfei t or cause or procure to be forged or counterfeited or knowing ly act or assist in the forging or counterfe i t ing any s t amp which m a y hereaf ter be used for t he s t amping of a n y mete r unde r th is Ac t every person so offending shal l for every such offence be l iable to a pena l ty not exceeding fifty pounds nor less t h a n t en pounds and if any person shall knowing ly sell u t t e r or dispose of let lend or expose for sale any mete r w i th such forged s tamp thereon every person so offending shall for every such offence be l iable to a pena l ty not exceeding ten pounds nor less t h a n forty shil l ings and all mete rs h a v i n g forged or counterfei ted s tamps thereon shal l be forfeited and destroyed.

34. Al l gas supplied by t h e said Company shall except in case of accident be supplied a t such pressure as to balance from midn igh t to sunset a co lumn of wa te r of not less t h a n s ix- tenths of an inch in he igh t and to balance from sunset to midn igh t a co lumn of water not less t h a n

one inch in he igh t .

35 . I f i t shall be proved to t he satisfaction of any two Jus t i ces

of t he Peace in P e t t y Sessions assembled t h a t t h e said Company or any of i ts officers have been gui l ty of any default unde r th is Ac t they shall be liable for each and every such default to a pena l ty no t exceeding five pounds to be recovered in a s u m m a r y way.

36.    A n y person m a y appeal from t h e j u d g m e n t or conviction of

any Cour t of P e t t y Sessions u n d e r th is A c t in t he form a n d m a n n e r set

f o r t h i n t h e A c t o f Counci l fifth W i l l i a m the Four th n u m b e r twenty- two .

37. T h e following words and expressions in th is A c t shall have

t he m e a n i n g hereby assigned to t h e m unless the re be someth ing e i ther

in t h e subject or context r e p u g n a n t to such cons t ruc t ion The word

" Corpora t ion" shall m e a n the Armida le Gas Company (Limited) as

incorporated by th is Act The expression " gas -works" shall mean t h e

gas-works and t h e works connected therewi th by this A c t author ized

to be const ructed The word " s t ree t " shall inc lude any square cour t or alley h ighway lane road thoroughfare or o ther passage or place wi th in the l imits of th is A c t The expression " City of A r m i d a l e " shall comprise

all t h a t district which is inc luded wi th in the munic ipa l boundaries	of
the said t o w n or wi th in two miles of t h e said boundaries .

38. I t shal l be lawful for the Borough Council of Armida le a t any t ime after t he expirat ion of live years from the pass ing of th is A c t by not ice in wr i t i ng to requi re t he said Company to sell and t he r eupon t h e said Company shal l sell to the B o r o u g h Counci l of Armida le t h e

said gas-works upon t h e t e rms of pay ing the t h e n va lue (exclusive of

a n y al lowance for past or fu tu re profits of t he said C o m p a n y or any compensat ion for compulsory sale or o ther considerat ion whatsoever) of t he said gas-works and al l lands bu i ld ings works mater ia l s a n d p l an t of t he said C o m p a n y sui table to and used by t h e said Company for t h e purposes of t h e said gas-works such value in case of difference to be referred to a rb i t ra t ion in t he m a n n e r directed by the Ac t th i r ty -

one Victor ia n u m b e r fifteen in t i tu led " An Act to make Arbitrations

more effectual"	and subject to t he t e rms and condit ions there in
conta ined.

39. N o t h i n g contained in th i s A c t shall p reven t t he said Com­

pany being b rough t unde r t h e provisions of any general A c t which m a y be passed by t h e Pa r l i amen t of N e w South W a l e s apply ing equal ly to Companies engaged in t he manufac tu re of gas in t h e said Colony wi th reference to the manufac tu re and sale of gas nor ent i t le t h e said Company to compensat ion from the publ ic revenue by reason of t h e provisions of such general A c t for t he purpose aforesaid be ing made appl icable to and b ind ing u p o n t h e said Company.

40. This A c t shall be styled a n d m a y be cited as t h e " A r m i d a l e

Gas Company ' s Incorpora t ion Ac t of 1884'."

S C H E D U L E .

PART I.

1. Regulations in respect of testing apparatus.

(a) The appa ra tus for t e s t ing t he i l luminat ing power of the gas shall consist of

t he most improved form of pho tomete r known toge ther with a p roper motor minu te clock governor pressure gauge ami balance The bu rne r to be used for tes t ing t he gas shall be an A r g a n d burne r having fifteen holes and a seven-inch chimney The candles used for tes t ing t h e gas shall be sperm candles of six to the pound and two candles shall bo used together .

2. The apparatus.

(d) F o r t e s t ing t he presence in the gas of su lphure t t ed hydrogen A glass vessel

conta in ing a s t r ip of bibulous pape r moistened wi th a solution of aceta te of lead con­ ta in ing sixty gra ins of crystal l ized aceta te of load dissolved in one fluid ounce of water .

P A R T I I .

1. Rule; as to mode of testing gas.

(a) Mode of tes t ing for i l luminat ing power The gas in t he pho tomete r is to bo

l ighted a t least fifteen minu tes before t he tes t ings begin and i t is to bo kep t cont inual ly

bu rn ing from the beginning to t he end of the tests .

Each t es t ing shall include t en observations of t he pho tomete r made a t in tervals

of a minu te .

The consumpt ion of gas is to be carcfuliy adjusted to five cubic feet per hour .

The candles are to be lighted a t least ten minu tes before beginning each t es t ing

so as to arrive at the i r normal r a t e of bu rn ing which is shown when the wick is	sl ightly
bent and the t ip glowing	The s tandard r a t e of consumpt ion for the candles shall be one

hundred and twen ty grains each per h o u r Before and after making each set of ten observations of the pho tomete r the gas examiner shall weigh the candles and if combus­ t ion shall have been more or less per candle t h a n one hundred and t w e n t y grains per hour he shall make and record the calculat ions requis i te to neut ra l ize the effects of this difference The average of each set of t en observations is to be taken as r ep resen t ing

t h e i l luminat ing power of t h a t tes t ing.

2. Mode of testing.

(b) F o r su lphure t ted hydrogen The gas shall be passed through the glass vessel

conta in ing a slip of bibulous paper moistened wi th the solut ion of ace ta te of lead for a period of th ree minu tes or such longer period as may be prescribed and if any discoloration of t he tes t paper is found to have t aken place this is held to be conclusive as to the presence of su lphure t t ed hydrogen in the gas .

A n