Borough of Balmain Electric Lighting Act (1906 No 10) (NSW)

Act Xo. 10, 1906.

An Act to enable the Borough of Balmain to establish, maintain, or contract for works for

Electric Lighting; for the destruction of

garbage, and for other purposes ; and to borrow money, and to make a rate for such

purposes. [22 w/ September, 1906.]

I) E it enacted by the King's Most Excellent Majesty, by and with y the advice and consent of the Legislative Council and Legislative

Assembly of New South Wades in Parliament assembled, and by the

authority of the same, as follows :—

1. This Act may be cited as the " Borough of Ealmain Electric

Lighting A c t / '

2. In this Act, unless the context otherwise requires, the

expression—

" Contractor " shall mean any person or his assigns with whom the

council shall contract under this Act to carry out any of the
purposes thereof.

" Council " means the borough of Balmain and the council of the

said borough.

" E l e c t r i c i t y " means electricity, electric current, or any like

agency.

" Electric line " means a wire or wires, conductor, or other means used or intended to be used for the purpose of applying, conveying, transmitting, or distributing electricity, and any

casing, coating, tube, pipe, or insulator wholly or partly enclosing, surrounding, or supporting the same or any part

thereof, or any apparatus connected therewith for the purpose

of conveying, transmitting, or distributing elecfricitv.

" Governor " means the < iovernor with the advice of the Executive

Council.

" Private purposes" means any purposes whatever to which

electricity may for the time being be applicable (not being

public purposes), except the transmission of any telegram or
telephonic message.

" Public purposes " means lighting any place or building belonging to or subject to the control of the council, or any street.

" Public work " means any work carried out by or under the

supervision of or on account of the Government or any
department of the Government or Minister of the Crown.

" S t ree t"

" Street " means any square, court, alley, highway, lane, road, thoroughfare, or public place or passage.

" Works " means and includes electric lines, meters, accumulators,
liftings, and apparatus for the supply of electricity, also any

buildings, machinery, engines, plant, matters or things of whatever description, required, used, or intended to be used, to generate or supply electricity, and to carry into effect the purposes of this Act.

3. I t shall be lawful for the council to generate and supply

electricity for any public or private purposes, or for any public

purposes and any private purposes within the limits of the borough of
Balmain : Provided that electricity may be supplied outside the said

limits in manner hereinafter set forth.

4. The council, for the purpose of generating and supplying

electricity and destruction of garbage, may use all or any lands now
vested in them for any piirposc, and may purchase, lease, acquire, and hold all other lands, and construct such works, purchase and acquire

all interests in and licenses for the use of any patented or protected processes, inventions, machinery, apparatus, methods, and other things,
and enter into all contracts, appoint officers and servants, and generally do all acts and things which they may deem necessary or desirable for the purpose of generating such supply.
5. I t shall be lawful, with the approval of the Governor, for the

council to sell or exchange any lands acquired under the authority of

this Act, or to lease the same upon such terms and conditions as to
flu; council may seem meet.

6. The council may use the ordinary corporate funds for flu1 purpose of obtaining plans, estimates, or reports as to the cost of purchasing, leasing, acquiring, and constructing works for the generation and supply of electricity and the destruction of garbage, and

for the purpose; of defraying the expenses incurred in connection with
the preparation and introduction of the bill for this A c t : Provided

that, in the event of such works being proceeded with, such preliminary

expenditure shall be charged to a special account of the council to be

called " The Electric Light Account,"

7. The council may, for the purpose of constructing, purchasing,

or acquiring works for the generation and supply of electricity and

destruction of garbage, and otherwise for carrying out the purposes of this Act, borrow moneys by way of special loans in manner hereinafter provided, namely :—

(1) I t shall be lawful for the council to borrow in manner herein­

after provided, and subject to the conditions hereinafter
prescribed, a sum of money not exceeding seventy-live thousand pounds, and all sums lawfully borrowed under this

Act shall he deemed to be secured upon the corporate rates

and

and revenues of the said council from whatsoever source arising, and shall he expended for the purpose of this Act and for no other purpose whatever. And the following conditions,

qualifications, and provisions shall regulate the borrowing of

money and the issue of debentures under this Act.

(2) All moneys borrowed by the council shall be raised by the

sale of debentures to be issued in such series, and at such times, and in such manner, as the council shall think fit, and all such debentures shall have a currency not exceeding
twenty-five years, and shall bear interest at a rate not exceeding four pounds per centum per annum, and shall be in the form of the Schedule hereto, and at the expiration of the said term of twenty-five years it shall be lawful for the
council to issue new debentures to retire or repay the said
debentures or any part thereof (such new debentures to be numbered and distinguished in like manner as the ones then due), and the mayor of Balmain for the time being may fix the price, either at above or below par, at which any such original or new debentures maybe sold.

(3) The said debentures may be issued either in London or Sydney, or partly in London and partly in Sydney, and the principal sum secured thereby shall be the sum of one hundred pounds or any less sum, such less sum to be ten pounds, or some multiple of ten pounds.

(1) Every such series of debentures shall be numbered in regular ascending arithmetical progression, commencing with number

one, whereof the common difference shall be one, and shall

have annexed for every payment of interest to grow due thereon a coupon bearing the same number as the debenture.

The scries of debentures for one hundred pounds (and
coupons) shall be distinguished by the letter A ; that for ninety pounds by the letter J5; that for eighty pounds by the letter C; that for seventy pounds by the letter D ; that
for sixty pounds by the letter E ; that for fifty pounds by
the letter E ; that for forty pounds by the letter G ; that for

thirty pounds by the letter I I ; that for twenty pounds by
the letter J ; and that for ten pounds by the letter K.

(5) Every such debenture shall name the principal sum secured thereby, the rate at which interest is payable thereon, and the time and place where such principal and interest are payable. And every such debenture shall be under the corporate seal of the council, and be signed by the mayor and council clerk, and shall bear date on the day on which

it is sealed, and shall be deemed to have been duly issued,
and the holder thereof shall not be bound to inquire whether

such issue was in fact duly authorised. (6)

(6) Every such debenture, and any coupon, whether annexed

thereto or not, may he transferred by simple delivery.

(7) If the said debentures arc issued partly in Sydney and partly in London, a register shall be kept at Sydney and in London; which registers shall contain particulars showing the scries, progressive number, amount, date, place of issue, and place of payment of principal and interest of every debenture issued under the authority of this Act. The said registers shall be open for inspection at all reasonable times by every holder of debentures issued hereunder, or his agent or attorney.

8. The council may discharge the whole or any of the said debentures at any time after the expiration of ten years from the date of such debentures by payment of the principal sums owing thereon, respectively; and interest up to and including the current, half-year, or at any earlier time, with the consent of the holders of debentures willing to receive payment for same.
9. The holder of any debenture issued under the provisions of this Act shall be entitled to receive payment from the council of the principal sum named therein upon presentation of such debenture on or after the due date thereof at the place where the same is expressed to be made payable. And the holder of any coupon originally annexed to a debenture, and whether separated therefrom or not, shall be entitled to receive payment in like manner of the interest mentioned in such coupon upon presentation of the same at the place where, and on or after the date when, interest is payable.
10. If default shall be made by the council in making any payment, whether of principal or interest, to the holder of any such debenture or coupon, the following provisions shall take effect, namely :—

(1) The holder of such debenture or coupon shall have full power
to make all necessary applications to, and to procure all

necessary orders and directions from, the Supreme Court for

court shall have power to make all such orders for the	and touching the appointment of a receiver; and the said
appointment of a receiver, or for his removal and the appoint­ ment of another in his place, as may be necessary, and to make any orders and give any directions which the said court may think proper. And such receiver shall be deemed to be an officer, and shall act under the direction of the Supreme Court.

(2) Such receiver shall have power to make, levy, and collect all rates and revenues whatsoever payable to the council for or in respect of which he shall have been appointed receiver; but the rates so to be made and levied shall not exceed the maximum

limits

limits permitted under the provisions of the law in force for the time being. And for such purposes such receiver shall

be deemed the municipal council of Balmain, and may
exercise all the powers thereof.

(3) Such receiver shall be entitled to such commission, payable out of the rates of the said council, as remuneration for his

services as the Supreme Court may appoint.

(4) Such receiver shall, subject to any order of the Supreme Court, pay over all moneys received by him to such holder, and if there be any balance in hand over and above the amount clue and payable to him under the provisions of this

Act, the receiver shall pay such balance over to the council.

11. A sinking fund for the repayment of the principal sums borrowed under the authority of this Act, and of the interest due on debentures issued thereunder, shall, subject to conditions to beapproved

by the Governor with the advice of the Executive Council, be

established by the said council before they shall proceed to exercise the borrowing powers conferred by this Act, and in each and every year during the currency of such debentures, the council shall pay into such sinking fund a sum of one pound for every one hundred pounds borrowed under the authority of this Act, and the sum so to be paid shall be invested in the purchase of Government securities or debentures, or securities of the said council, or debentures or securities of any municipality or borough in the State of New South Wales, or

of such other securities as the Governor by writing under his hand

shall approve; and the produce of all such investments shall be reinvested in like manner. The council may at any time after the expiration of ten years from the date of the said debentures, or at any
earlier time, with the consent of holders of debentures willing to

receive1 payment for the same, apply tin1 whole or any part of such

sinking fund in or towards the discharge of any moneys borrowed under this Act, but they shall in every such case recoup the fund by paying into it half-yearly a sum equal to the interest which any sum

aforesaid, the council shall not, within seven days after notice in that	so applied would have produced if left invested; if in any such year as
behalf under the hand of the Colonial Treasurer shall have been given to
the council clerk, show to the satisfaction of the Treasurer or an officer to be appointed by him that the annual payments and investments required by this Act for the formation of the said sinking fund have been duly complied with, it shall be lawful for the Governor, with the advice of the Executive Council, to apply to the Supreme Court for the appointment of a receiver of tin1 rates and other revenue of tin1 said council, and in such case the said court and the receiver so to
be appointed shall have all such powers, mutatis mutandis, as are
hereinbefore provided for the benefit of holders of unpaid debentures.

12. For all or any of the purposes aforesaid, the council may, on the assessment made under the Municipalities Act of 1897, cause such lighting rate to he raised as to them may seem proper, not

exceeding four pence in the pound upon the said assessment, and such
rate shall he payable and recoverable at like time and place and in

like manner as provided with regard to the municipal rate by the

said Act.

13. A separate account, to be called the "E lec t r i c Light

Account," shall be kept of all moneys received from such lighting

rates, and in respect of the supply of electricity and otherwise in pursuance of this Act, all which money shall be charged as follows:—

(1) With the cost of maintaining the works in good repair, and

all the expenses connected with generating and supplying electricity as herein provided and otherwise arising under
this Act.

(2) With such sums (to be transferred to an interest and sinking fund account) as shall be sufficient to satisfy the interest payable on any loan raised under the authority of this Act, and to meet the payments to the sinking fund hereinbefore provided.

14. The council may open and break up the soil and pavement

of any street, and open and break up any sowers, drains, or tunnels

within or under such streets, and may construct subways and drains, and may lay down and place under or over any street any electric
lines, and from time to time repair, alter, or remove the same, and for
the purposes aforesaid may remove and use all earth and materials in and under such streets, and may in any such street erect any posts, pillars, standards, lamps, street boxes, and other works, and do all other

acts which they may from time to time reasonably deem necessary for
supplying electricity, and may lay any electric line, branch, or other apparatus from any main or branch electric line into, through, or against any place or building for the purpose of lighting the same, and provide and set up any works in their opinion necessary for

and ascertaining the extent of such supply : Provided that nothing	securing thereto a complete supply of electricity, and for measuring
herein shall authorise or empower the council to construct or place any works into, through, against, or in any place, building, or land not dedicated to public use without the consent of the owners and occupiers thereof, except that the council may at any time make entry, and construed and place any new works instead of such works as shall have been lawfully constructed or placed, and may repair
or alter any works so constructed or placed.

15. Subject to the provisions of this Act—•

(a) the council may alter the position of any pipes, wires, sewers, drains, or tunnels being made under any street or place which

mav

may interfere with the exercise of their powers under this

Act on previously making or securing such compensation to
the owners of such pipes, wires, sewers, drains, or tunnels, and on complying with such conditions as to the mode of making such alterations as may before the commencement

of such alterations be agreed upon between the council and
such owners, or in case of difference as may be determined

by arbitration ;

(b) Any person or public authority lawfully competent so to do may in like manner alter the position of any works of the

council, being under or over any such street or place as afore­

said, which may interfere with the lawful exercise of any powers vested in such person or authority in relation to such street or place, subject to the like provisions, conditions, and restrictions as are in the first subsection of this section contained.

16. "When the council opens or breaks up the road or pavement

of any street, or any sewer, drain, or tunnel, they shall, with all

possible speed, complete the work for which the same shall have been opened or broken up, and fill in the ground and reinstate and make good the road or pavement, or the sewer, drain, or tunnel so opened or broken up, and carry away the rubbish occasioned thereby, and shall at all times whilst any such road or pavement shall be so opened or broken up, cause the same to be fenced and guarded, and shall, at night time, cause a light sufficient for the warning of passengers to be

set up and maintained against or near such road or pavement where

the same shall be open or broken up.

17. The council shall not, in the exercise of the powers conferred

by this Act, construct, lay down, or place any works for the supply of electricity whereby any public telegraph or telephone line or other

public work is or may be injuriously affected. And the council and its agents shall conform with such reasonable requirements, either general

or special, as may from time to time be made by the Postmaster-

for the purpose of preventing any such telegraph or telephone line or	General or Secretary for Public Works or the Railway Commissioners
other public work from lining injuriously affected by the works of the council; and on failure to conform with the said requirements,
or any of them, the Postmaster-General or Secretary for Public Works or the Railway Commissioners may forthwith remove any works of
the council for the supply of electricity by which any public telegraph
or telephone line or other public work is or may be injuriously affected. Any difference which arises between the Postmaster-General or Secretary for Public Works or the Railway Commissioners and the
council shall be determined by arbitration. In the event of any contravention of this section by the council or their agents, the

council

council sliall be liable to a fine not exceeding ten pounds for every day during which such contravention continues, or if the telegraphic or telephonic communication is wilfully interrupted not exceeding ten pounds for every day on Avhich such interruption continues. For the purpose of this section a telegraph or telephone line, or other public

line, shall be deemed to be injuriously atfected it' telegraphic or
telephonic communication by means of such line, whether through induction or otherwise, is affected by any electric line or work of the
council, or by any use made of such electric line or Avork.

18. One month at least before commencing the execution of any works Avhich involve the placing of Avorks in, under, along, or across any street, highway, or public bridge on Avhich any telegraph, telephone, or railway line may be (not being repairs to or renewals of then existing Avorks of which the character and positions arc not
altered), the council or its agents shall seiwe upon the Secretary
for Public Works, the P^ailway Commissioners, and Postmaster-

General, the Metropolitan Board of Water Supply and SeAverage, the

Australian Gaslight Company, and such other person or corporation

as the Secretary for Public Works or the Raihvay Commissioners

may, by Avriting under his hand addressed to the council, require to be notitied, or leave at their respective offices addressed to them notices describing the proposed Avorks, and the gauge of any electric line and the current and potential to be carried, together Avith a plan of the proposed Avorks shoAving the position of the; said Avorks and the mode in Avhich the Avorks arc intended to be executed, and the manner in which it is intended that the street, highway, or bridge shall be interfered with, and shall at the request of the Secretary for Public

Works, the Railway Commissioners, or Postmaster-General, made at
any time, give them such further information with reference to the works as they may desire. I f any works arc commenced before the requirements of this section have been complied with, the Secretary

for Public Works, the Pi ail way Commissioners, or Postmaster-General
may cause the said works to be removed, and the council shall be

liable to a penalty not exceeding fifty pounds, which may be recovered before any stipendiary magistrate in a summary way.	19. In the exercise of its powers under this Act, the council shall cause as little detriment and inconvenience, and do as little damage as possible; and shall make full compensation to all persons
for all damage sustained by them by reason or in consequence of the
exercise of such poAvers ; the amount of such compensation in case of
difference to be determined by arbitration or action at law, at the
election of the party aggrieved: Provided that the council may in
all cases be at liberty to set up by Avay of defence, or in mitigation of
damages, as the case may be, that the person claiming compensation has by his own act, neglect, or default, caused or contributed to the damages in respect of which he claims to be compensated.

20. The Governor mav make regulations to be observed during the construction, alteration, repair or maintenance of works for securing the safety of persons and private or public property from injury from fire or otherwise, and may in those regulations impose any penalty not exceeding one hundred pounds l o r any breach of the

same, -which penalties may he recovered in a summary way before any

stipendiary magis tratc.

21. The council may from time to time enter into any contract
with any person for supplying with electricity any place or building,

or for providing any person with electric lines, burners, meters, lamps, or other fittings and things, and for the repair thereof in such manner

and upon such terms as to charges, place, and mode of payment and

otherwise in security of the council as shall be agreed upon.

22. The council may lei any meter for ascertaining the quantity

of electricity consumed or supplied, and any fittings thereto, for such
remuneration, and on such terms in respect of the repair of such meter and fittings, and for securing the safety and return thereof to the council as the council may appoint, and such remuneration and other moneys payable under the terms agreed upon shall lie recoverable in the same manner as charges due to the council for electricity.

23. The council shall do all things reasonable to keep all meters on hire to any consumer in proper order for correctly registering the quantity of electricity supplied, and in default of the council so doing, the consumer shall not be liable to pay remuneration for the use of the same during such time as such default continues.

24. Every meter used for ascertaining the quantity of electricity supplied by the council shall, during the continuance of such supply and until all charges in respect thereof have been paid, be under the control of the council, whether such meter be the property of the
council or not, and no person shall be at liberty to cut, connect, tap, fix, alter, remove, or tamper with any electric line. lamp, meter, or liftings used in connection with the supply of electricity by the council unless authorised in writing by the council or its agents duly

affect the lawful exercise of any power in that behalf vested in any authorised in that behalf: Provided that nothing in this section shall	competent person or public authority.
25. The register of the meter used for ascertaining the quantity of electricity supplied by the council shall be prima facie evidence of such quantity.
26. The council shall not I K 1 entitled to prescribe any special form of lamp or burner to be used by any person, or in any way to control or interfere with the manner in which electricity supplied by it in pursuance of this Act is used: Provided always that no person shall be at liberty to use any form of lamp or burner, or to use the
electricity supplied to him for any purposes, or to deal with it in any

manner

manner so as to unduly or improperly interfere with the supply of
electricity to any other person; and if any dispute or difference as to
the matters aforesaid arises between the council and any person entitled to be supplied with electricity in pursuance of this Act, such dispute or difference shall be determined by arbitration.
27. Where a supply of electricity is provided in any locality for private purposes, all persons within such locality shall on application
be entitled to a supply on the same terms as the terms on which any
other person in such locality is under similar circumstances entitled

to a corresponding supply.

28. I f any person neglect to pay any electric light rate, or any

charge for electricity, or any other sum due to the council in respect

of or incidental to the supply of electricity to such person, the council
may without notice cut oil' his supply of electricity, and for that purpose may cut, disconnect, or remove any works, and may, until such charge or other sum, together with any expenses incurred by the
council in cutting off such supply of electricity as aforesaid, is fully
paid, but no longer, discontinue the supply of electricity to such person.
29. Any person who unlawfully and maliciously cuts or injures any electric line or work erected in pursuance of this Act, with intent to cut off any supply of electricity, shall be guilty of felony, .and be
liable to be kept in penal servitude for any term not exceeding three
years, or to bo imprisoned with or without hard labour for any term not exceeding one year; but nothing in this section shall exempt a person in respect of any offence which is punishable under any of her provision of this Act, or under any other Act, or at common law, so that no person be punished twice for the same offence.
80. Any person who malicously or fraudulently abstracts, causes to be wasted or diverted, consumes, or uses any electricity provided in pursuance of this Act, shall be guilty of simple larceny, and punishable accordingly.

31. Any person who wilfully and unlawfully removes, destroys,

or damages any electric line, or any pillar, post, lamp, meter, or other
works connected with or relating to the supply of electricity by the
council in pursuance of this Act, or who wilfully and unlawfully
extinguishes any of the public lamps or lights maintained by the
council in pursuance of this Act, or wastes, or wilfully and wrongfully uses any of the electricity supplied by the council in pursuance of
this Act, shall, for each such offence, forfeit to the council a sum not
exceeding fifty pounds in addition to the amount of damage done.
82. Any person who carelessly or accidentally breaks, throws down, or damages any electric line, or any pillar, post, lamp, or other works belonging to the council, or under their control, shall forfeit and pay such sum of money byway of satisfaction to the council for the

damage

damage done, not exceeding fifty pounds, as a stipendiary magistrate shall think reasonable : Provided that this section shall not alfect any other remedy.

33. Any person who wilfully or fraudulently, or by culpable

negligence, injures, or suffers to be injured, any electric line or any
meter, fittings, or works belonging to the council, or alters the index to any meter, or prevents any meter from duly registering the quantity

of electricity supplied by the council, shall, without prejudice to any
other right or remedy for the protection of the council or the punishment of the offender, for every such offence, forfeit to the

council a sum not exceeding twenty-five pounds in addition to the

amount of damage.

34. In any ease in which any j)erson has been convicted of

wilfully or fraudulently injuring, or suffering to be injured, any electric line or any meter, fittings, or works belonging to the council, or altering the index to any meter, or preventing any meter from duly
registering the quantity of electricity supplied, the council may also, until the matter complained of has been remedied, but no longer, discontinue the supply of electricity to the person so offending, notwithstanding any contract previously existing.

35. The existence of artificial means for causing such alteration

or prevention, or for abstracting, consuming, or using electricity
supplied by tin1 council when the meter is under the custody or control of the consumer, shall be prima facie evidence that such alteration, prevention, abstraction, or consumption (as the case may be) was within the knowledge of the consumer.

36. Any officer appointed by the council in that behalf may,

at all reasonable times, enter anyplace or building to which electricity

is or has been supplied by the council, in pursuance of this Act, for the
purpose of inspecting and testing the electric lines, meters, accumu­ lators, fittings, apparatus, and works for the supply of electricity belonging to the council, and of ascertaining the quantity of electricity consumed or supplied, or, where a supply of electricity is no longer

required, or where the council is authorised to take away and cut off
the supply of electricity from any premises, for the purpose of removing
any electric lines, accumulators, fittings, apparatus, or works belonging to the council, and repairing all damage caused by such entry, inspection, or removal.

37. "Where any electric lines, meters, accumulators, fittings, apparatus, or works belonging to the council are placed in or upon any place or building (not being in the possession of the council) for the purpose of supplying electricity in pursuance of this Act, such

electric lines, meters, accumulators, fittings, apparatus, or works shall

not be subject to distress or to the landlord's remedy for rent of the premises where the same may be, nor to be taken in execution under

any

any process of a court of law or equity, or any proceedings in bankruptcy against the person in whose possession the same m a y b e : Provided that nothing in this section shall affect any distress or execution lawfully made or issued upon or against the council.

38. All actions or other proceedings against the council, their

officers, agents, or servants, for anything done or reasonably supposed

to have been done in pursuance of this Act, shall be commenced within
twelve months after the matter complained of Avas committed and not

othenvisc; and notice in writing of any such action or proceedings

and of the cause thereof shall be given to the defendant one month at
least before the commencement of the proceeding; and in every such

proceeding the defendant may plead the general issue, and give this
Act and the special matter in evidence at any trial to be had thereupon ;

and no plaintiff shall recover in any such proceeding if tender of such sufficient amends shall have been made before the same Avas commenced,

or i f a sufficient sum of money shall have been paid into a court after
such commencement bv or on behalf of the defendant, together Avith costs as between party and party incurred up to that time. And if a verdict shall be entered for the defendant, or the plaintiff shall become nonsuit or discontinue such proceeding, or if upon demurrer or other­ wise judgment shall be given against the plaintiff, the defendant shall

recover his costs and have the like remedy for the same as any

defendant has in law in like cases.

39. Any arbitration in pursuance of this Act shall be conducted

in accordance with, and subject to the provisions of, the Arbitration

Act of 1902, and for the purposes of reference to arbitration thereunder

this Act shall be deemed to be a submission between the parties within the meaning of the same. The arbitrator shall in every case; have power to direct how and by whom the cost of the reference and award shall be paid.

40. Whenever by any section of this Act any person is made

liable to any fine or forfeiture or to pay any sum of money, whether

fine, forfeiture, or sum is not specified, the same may be recovered	as compensation or in any other way, and the mode of recovering such
before any stipendiary magistrate, together with such costs as he may
see fit to grant. And all sums of money ordered by any such
magistrate to be paid, and all costs and expenses aAvarded by such magistrate may be recovered and enforced by distress and sale of the goods and chattels of the person ordered to pay the same; and in default of sufficient distress such person shall be liable, in the event
of the conviction being for an offence under this Act, to be imprisoned Avith or without hard labour for any term not exceeding three months,
unless such money, costs, or expenses be sooner paid : Provided that nothing in this section shall prevent proceedings for the recovery of

C any

any fine, forfeiture, or sum as aforesaid being taken in any other court

of competent jurisdiction when the amount sought to be recovered
exceeds ten pounds.

41. All lines, forfeitures, or other sums recovered by the

council in pursuance of this Act shall be carried to the credit of the
electric light account, or of a contractor, as the council shall decide.

42. In any case in which any summary conviction has been had, or any order for the payment of money has been made in pursuance of this Act before any stipendiary magistrate, the defendant may appeal to the Court of Quarter Sessions. The provisions of the

Justices Act, 1902, in respect of appeals from summary convictions
thereunder, shall apply and extend to all appeals under this section, and shall be observed in the making of every such appeal, and all proceedings thereupon.

43. The council may, for the purposes of this Act, but subject nevertheless to any regulations made by the Governor as herein provided, make all such by-laws, and do all such other necessary matters and things as may be necessary for carrying out the objects of this Act. And the council may by any such by-laws fix tin; maximum penalty for every offence against such by-laws, or any of them, not exceeding the penally, if any, already lawfully fixed for the same offence, and in any other case not exceeding ten pounds. And the council may contract with a contractor not to alter (without his consent) such by-laws during the continuance of the contract: Provided that no by-laws made as aforesaid shall have any force unless they have been first approved of by the Governor.

44. I t shall be lawful for the council to supply electricity outside the limits of the borough, and for such purposes to exercise any power conferred upon it by this Act other than the power to raise
a lighting rate within or without the limits of any borough adjoining
the said borough of Balmain, subject, however, to the following

provisions :—

(1) The aforesaid powers shall not be exercised within the limits

of any such borough, except with the consent of the council

thereof (which consent it is hereby empowered to give), and

upon such terms and conditions as may be mutually agreed
upon.

(2) The supply of electricity for the purpose of lighting any

place, building, or street belonging to or subject to the

control of the council of such borough shall, for the purposes

of this Act, be deemed to be a supply for private purposes or

use, and all provisions of this Act in such behalf shall

extend and apply thereto.

(3) The council of such borough shall, for the purposes of this

section, have power to enter into all such contracts, and to levy all such rates, as it is bylaw empowered to enter into or

levy in respect of a supply of gas. 45.

45. Nothing in this Act shall authorise or enable the council,
its officers, agents, or servants to transmit any telegram or telephonic

message, or to perform any of the incidental services of receiving, collecting, or delivering telegrams or telephonic messages, or give to

the council, its officers, agents, or servants any power, authority, or
facility of any kind whatever in connection with such transmission or
performance as aforesaid. Any person holding any civic office under the Municipalities Act, 1897, is hereby empowered to contract, directly

or indirectly, for the supply to him of electricity under the provisions

of this Act, and shall not bo liable in respect of such contract to any

line, penalty, or disqualification, any Act to the contrary notwith­

standing.

46. No alteration in any telegraphic line or telephonic line or work of the Postmaster-General shall be made by the council or its agents, except with the written permission of the Postmaster-General,

or in any other public work except with the written permission of the Secretary for Public Works, and, in cases" where they an; affected, of

the Railway Commissioners, and subject to such reasonable conditions as may be im] osed in such permission. And nothing in this Act contained shall exempt the council from the provisions of any public

Act which may be passed by the Parliament of New South Wales,

applying generally to the manufacture or generating of electricity, or the sale or supply of the same, or to the method of installaf ion or distribution thereof.

47. I t shall be lawful for the council, instead of themselves

exercising the powers and discharging the duties conferred or imposed
on them by this Act, to enter into any contract with any contractor who or whose assigns shall contract to erect and maintain the generator
lines, cables, and other works necessary for supplying, and shall

contract to supply the said borough and the members of the public with electricity upon such terms and for such period as the said

council shall see fit, and with such contract may be combined provisions for the destruction of garbage and an option of or agreement for the

purchase by the said council of the works to be erected and rights

acquired under the said agreement.

48. 'flu; council may contract for the exercise of such option to purchase as aforesaid at any time, notwithstanding any rule or law as to perpetuities, and such contract shall be valid and binding on the contractor and his assigns.

49. Upon the execution of the said contract (but subject to any exceptions made therein) all the powers, authorities, provisions, and liabilities mentioned in this Act, except in sections five, six, seven, eight, nine, ten, eleven, twelve, thirteen, and forty-three, shall, during the continuance of such contract, apply to such contractor and his assigns as if his name were inserted in this Act instead of the

word

word " council," and all liability on the part of the council shall cease
or not begin until and after they shall have acquired the said works in fee simple, and thereupon they shall become liable for any negligence

occurring afterwards.

50. Aiiy person in whose favour a provision is inserted in such contract, may, with the permission of the council, sue thereon in bis own name as if he were a party thereto.

S C H E D U L E .

No. Series. Debenture £

ISSUED by the municipal council of Bahnain under the provisions of the Horough of

Balmain Electric Lighting Act.

TRANSFERABLE ISY DELIVERY.

Tins debenture was issued by the above named council in pursuance of the provisions
of the above-mentioned Act, and is to secure to the bearer a principal sum of

pounds, payable at the , on the day of , 1 9 .

Interest at the rate of	pounds per centum per annum on such principal sum
in the meantime is payable by equal half-yearly payments on the	day of

, and t lie day of , at , and a coupon is

annexed for each payment which entitles the bearer of such coupon thereto.

Dated this day of

(L .S . ) A. 15., Mayor.

C. D., Town Clerk.