Borough of Newcastle Electric Lighting Act (1892 No bne) (NSW)

Ail Act to give powers to the Council of the Borough of -Newcastle to light the streets and public places of the said Borough with the Electric Light, and to supply Electricity within or without the limits of the said Borough; and to levy rates and make charges in respect of such l ighting and supply; and for the purposes aforesaid to acquire land, and the right to use patents, and acquire or construct works and break open streets, remove obstruc­ tions and lay down electric lines : and to borrow money, enter into contracts, sell or lease fittings, and do other matters incidental to such l ighting and supply; and to enable Boroughs and Municipal Districts without the limits of the said Borough of Newcastle to participate in the benefits of such supply; and to empower the Municipal Councils of such Boroughs and Municipal Districts to give consents, enter into contracts, and levy rates in respect of such supply ; and to amend the one hundred and fifty-third, one hundred and sixty-fifth, and one hundred and ninetieth, and other sections of the "Muni­ cipalities Act of 1867," so far as may be necessary for the purposes aforesaid; and to impose certain penalties, and otherwise protect the Council from being defrauded, impeded, or harassed in the exercise of the aforesaid powers; and to make provision for the safety of the public; and to amend the law in other respects, [3lst March,

from

1892. 1 —i

WH E R E A S t h e Borough of Newcas t le should be l ighted wi th t h e electr ic

it is exped ien t t h a t the s t reets and publ ic places of

l ight , and t h a t electr ici ty should be supplied for l igh t ing or other­

wise w i th in t h e l imits of t h e said Borough , and also w i th in	such
Boroughs , Munic ipa l Dis t r ic ts , and places as m a y desire to be	supplied

f rom the works for t he said Borough of Newcast le , and can con­ venient ly he so suppl ied: A n d whereas the Council of the Borough of Newcas t le is wil l ing to unde r t ake t he carrying out the objects of this

A c t if powers in t h a t behalf are conferred upon i t in m a n n e r herein­

after a p p e a r i n g : A n d whereas it is expedient t h a t powers as aforesaid should be conferred upon the said Council of t h e Borough of New­ castle, and t h a t other provision should be made as hereinaf ter set for th : Be i t therefore enacted by the Queen ' s Most Exce l len t Majesty, by and wi th t h e advice and consent of t he Legis la t ive Council and Legis la t ive Assembly of N e w South Wales in Pa r l i amen t assembled,

and b \ r the au thor i ty of the same, as f o l l o w s : —

1. This Ac t m a y he cited as t h e " B o r o u g h of Newcas t le :

E lec t r i c L i g h t i n g A c t . "

2. I n th is Act , unless t he context otherA\ risc requires , t h e

expression

" B o r o u g h " means t h e Borough of Newcast le as const i tu ted in

pu r suance of t h e " Munic ipal i t ies A c t of 1858" and of t he

"Mun ic ipa l i t i e s A c t of 1807 ," or as t h e same m a y hereafter

be cons t i tu ted .

" C o u n c i l " means t h e Counci l of t he Borough .

" E l e c t r i c i t y " means electricity, electric cu r ren t ,o r any l ike agency. " Electr ic l ine " means a wire or wires, conductor , or o ther means

used for tin; purpose of conveying, t r ansmi t t i ng , or dis­ t r i bu t ing electrici ty wi th any casing, coat ing, tube , pipe, or insula tor enclosing, sur rounding , or suppor t ing t he same or any p a r t thereof, or any appa ra tus connected thereAvith, for t he purpose of conveying, t r ansmi t t i ng , or d i s t r ibu t ing electr ici ty.

" P r i v a t e p u r p o s e s " means any purposes Avhatever to w h i c h

electricity m a y for t he t ime being he applicable (not be ing publ ic purposes) , except the t ransmiss ion of any te legram or te lephonic message.

" Pub l ic purposes " means l igh t ing any place or bu i ld ing belong­

ing to or subject to the control of t h e Council , or any street .

" S t r e e t " means any square, court , alley, h ighway, lane, road,

thoroughfare , or publ ic passage or place.

" W o r k s " means and includes electric lines, me te r s , accumu­

lators , fi t t ings, and appa ra tu s for t h e supply of electr ici ty,

also any bui ldings , mach inery , engines, ma t t e r s or t h ings of wha teve r description requi red to genera te or supply elec­

tr ici ty, and to carry into ctfect t he purposes of this Act .

3. I t shall be lawful for t he Council to genera te and supply, u n d e r such regula t ions and condit ions as m a y be approved of by the Governor, electr ici ty for any publ ic or p r iva te purposes , or for any publ ic purposes and any pr ivate purposes Avithin t h e l imits of t h e Borough : Provided tha t electr ici ty m a y be supplied for priA*ate and

publ ic purposes outside t h e said l imits in m a n n e r hereinafter set forth.

4. The Counci l may , for the purpose of genera t ing and supply-1 i ng electricity, acqui re such lands, cons t ruc t or acqui re such Avorks,' acqu i re such interests in, and licenses for t h e use of any pa ten ted or protec ted processes, invent ions, mach inery , appara tus , methods , or o ther th ings , en te r into such contracts , and genera l ly do such acts and th ings as m a y be necessary and incidental to such generat ion and supply .

5. The Council m a y use t h e ordinary corporate funds for the purpose of obta in ing plans, es t imates or repor ts as to t h e cost of acqu i r ing or cons t ruc t ing Avorks for the generat ion and supply of electricity, and for t he purpose of defraying the expenses incur red in connect ion wi th the prepara t ion and in t roduct ion of t h e Bill for th is

A c t :

Act : Provided t h a t in t he event of such works be ing proceeded wi th , such pre l iminary expend i tu re shal l be charged to t h e electric l ight account .

G. The Council m a y for t he purpose of cons t ruc t ing or acqu i r ing

works for t h e genera t ion a n d supply of e lectr ic i ty bor row moneys b y

w a y of special loan in m a n n e r provided by the " Munic ipal i t ies A c t of

1867 , " no twi th s t and ing t h a t such purpose m a y n o t be a purpose

inc identa l to t h e mak ing , ca r ry ing on, or comple t ing of a n y p e r m a n e n t

improvement s wi th in t h e Borough , or t h a t t h e secur i ty for t h e repay­ m e n t of such loan m a y be other t h a n is provided in t h e said section :—

(I) The secur i ty for such loan m a y be all or any genera l or special ra tes or r a t e wh ich t h e Counci l is author ized to levy wi th or wi thout a n y securi ty expressly referred to in t h e said one hund red and n ine t i e th section of t h e " Municipal i t ies A c t of 1867 , " and any works to be const ructed or acqui red out of t he proceeds of such loan, and any lands to be acquired out of t he proceeds of such loan, or otherwise,

(II) A separate account shall be k e p t of all moneys received a n d
expended on account of such loan, and i t shall no t be lawful

to expend any such moneys in t he m a i n t e n a n c e or repair of,

or for cu r r en t expenses connected w i t h such works , or for

any purpose o ther t h a n t h e cons t ruc t ion or acquis i t ion

thereof, and t h e acquisi t ion, in pur suance of th i s Ac t , of a n y lands u p o n which the same, or a n y par t thereof, are con­ s t ruc ted or are to be cons t ruc ted : Provided a lways t h a t such loan m a y be lawfully charged w i t h t he p a y m e n t of in teres t due the reon du r ing t h e course of const ruct ion of such works ,

(III) Al l lands or works to be acquired or const ructed o u t of t he proceeds of such loan shall be vested in t he body corporate of t h e Borough.

7. The Counci l m a y m a k e and levy an a n n u a l ra te in m a n n e r

provided in t h e one hund red and sixty-fifth section of t h e " Munic i ­ pali t ies A c t of 1867 ," upon all ra tepayers in t h e Borough for t h e pu r ­

pose of supply ing electr ici ty for publ ic purposes w i th in t he Borough,

and for t he cons t ruc t ion and m a i n t e n a n c e of works in connect ion wi th t he supply of electr ici ty for publ ic or pr iva te purposes in pursuance c f t h i s A c t : Provided t h a t such r a t e shal l no t exceed s ixpence in t he pound in a n y one year .

8. A separate account , to be called t h e " electric l ight accoun t , "

shal l be k e p t of al l moneys received from electr ic l ight ra tes , and in

respect of t h e supply of electr ici ty and otherwise in pu r suance	of	this
Ac t , all wh ich money shall be charged as follows :—

(i) W i t h such sums (to be t ransfer red to an in teres t and s ink ing

fund account) as shall be sufficient to satisfy t he in teres t and pr inc ipa l sums payable on any loan raised unde r t he au thor i ty

of th i s Ac t .

( n ) W i t h t h e cost of ma in t a in ing the works in good repair , and

all t h e expenses connected w i t h genera t ing a n d supply ing

electr ici ty, as he re in provided,

( i n ) W i t h any surplus r ema in ing thereaf ter , wh ich surplus t h e

Counci l is hereby empowered	to t ransfer to t h e credit of t h e
electric l igh t	account .

9. T h e Counci l m a y open and break u p t h e soil a n d p a v e m e n t

of any street , and m a y open and b reak u p a n y sewers, dra ins , or t unne l s w i th in or u n d e r such streets , and m a y cons t ruc t proper subways a n d

drains , a n d m a y lay down a n d place u n d e r or over a n y s t reet a n y

electr ic l ines, and from t ime to t ime repair , a l ter , or remove the same, and for t h e purposes aforesaid m a y remove and use al l ear th and mater ia l s in and unde r such streets , a n d m a y in a n y such streets erect

a n y

a n y pil lars, s tandards , lamps, and other works, and do all o ther ac ts which i t m a y from t ime to t ime reasonably deem necessary for supp ly ing electrici ty, and m a y lay any electric l ine, b ranch , or other appa ra tu s

from any m a i n or b r anch electric l ine in to , t h rough , or agains t a n y

place, bui ld ing, or m i n e for t h e purpose of l i gh t ing t h e same, and provide and set u p any appa ra tus necessary for securing the re to a com­ ple te supply of electr ici ty, and for measur ing and ascer ta ining t h e ex t en t of such s u p p l y : Provided tha t n o t h i n g herein shal l author ize or empower t h e Counci l to lay down or place any electric l ine or o ther works into, t h rough , against , or in any place, bu i ld ing , mine , or l and

no t dedicated to publ ic use w i t h o u t t h e consent of t h e owners and

occupiers thereof, except t h a t t h e Council m a y a t a n y t ime m a k e en t ry and lay or place any new electric l ine or fittings instead of an exis t ing electr ic l ine or of exis t ing fittings in any posit ion where in any electric l ine or fittings shall have been lawfully laid down or placed, and m a y repai r or a l ter any electr ic l ine or fittings so laid down or placed.

10. Subjec t to t he provisions of th is A c t —

(I) The Council may al ter t he position of any pipes, wires, sewers, drains, or tunne ls , be ing under any s treet or place author ized

to be b roken u p by it , wh ich m a y interfere w i th t h e exercise of its powers under this Act , on previously m a k i n g or secur ing such compensat ion to t he owners of such pipes, wires , sewers, drains , or tunne l s , and on comply ing wi th such condit ions, as to t h e mode of m a k i n g such al terat ions, as m a y before t h e c o m m e n c e m e n t of such al terat ions be agreed u p o n be tween t h e Council and such owners , or in case of difference as m a y

be determined by arbi t ra t ion.

(II) A n y person or publ ic au thor i ty lawfully competen t so to do, m a y in l ike m a n n e r a l ter t he position of any electric l ine or works of t he Council , be ing unde r or over any such street or place as aforesaid, which m a y interfere w i th t he lawful exercise of any powers vested in such person or au thor i ty , in re la t ion to such s treet or place, subject to t he l ike provisions, condit ions, and restr ict ions as are in the first subsection of th is section contained.

1 1 . W h e n t h e Council opens or breaks u p the road or pave­

m e n t of any street, or any sewer, drain, or tunne l , i t shal l w i th all possible speed complete the work for which the same shall have been opened or b roken u p , and fill in t h e ground, and re ins ta te and m a k e good t h e road or pavement , or t he sewer, drain , or t u n n e l so opened
or b roken up, and car ry away t h e rubbish occasioned thereby, and shall
a t all t imes whi ls t a n y such road or p a v e m e n t shall be so opened or
b roken u p cause t h e same to be fenced a n d guarded, and shal l a t n i g h t t i m e cause a l igh t sufficient for t he w a r n i n g of passengers to be set u p and ma in t a ined agains t or near such road or pavemen t where t he same shal l be open or broken u p .
12. T h e Council shal l no t in t he exercise of t he powers con­ ferred by this A c t lay down or place any electric l ine or do a n y other work for t h e supply of electr ici ty whereby any publ ic t e legraph or t e lephone l ine is or m a y b e injur iously affected. A n d t h e Council a n d its agents shall conform wi th such reasonable requ i rements , e i ther general or special, as m a y from t ime to t i m e be m a d e by t h e Super­ i n t enden t of Telegraphs for t he purpose of p reven t ing any such te legraph or te lephone l ine from be ing injur iously affected by t h e said l ine or work. A n y difference which arises be tween t h e Supe r in t enden t of Telegraphs and t h e Council or its agents w i th respect to any r equ i r emen t s so made shall be de te rmined by arbi t ra t ion. I n t he event of any cont ravent ion of th i s section b y t h e Counci l or i ts agents t h e Council shall be liable to a fine no t exceeding ten pounds for every day

d du r ing

dur ing which such con t raven t ion cont inues , or if t he te legraphic or tele­ phonic communica t ion is wilfully in t e r rup ted not exceeding ten pounds for every day on which such in te r rup t ion cont inues . F o r t he purposes of th is section a t e legraph or t e lephone l ine shal l he deemed to he in jur ious ly affected if t e legraphic or te lephonic communica t ion b y means of such l ine, whe the r t h r o u g h induc t ion or otherwise, is affected by any electric l ine or work of t he Counci l , or by any use m a d e of such electr ic l ine or work .

13 . I n t he exercise of i ts powers u n d e r th i s A c t t h e Counci l

shal l cause as l i t t le d e t r i m e n t and inconvenience, and do as l i t t le damage as possible, a n d shal l m a k e full compensat ion to all persons in teres ted for al l damage susta ined b y t h e m by reason or in conse­ quence of t he exercise of such powers, t h e a m o u n t a n d applicat ion of such compensa t ion in case of difference to be de termined by arb i t ra t ion .

14. W h e r e any electr ic l ine has been placed above or below

g round b y t h e Counci l in any position, a n y Dis t r ic t Court J u d g e or

St ipendiary Mag i s t r a t e or Police Mag i s t r a t e may , u p o n compla in t made by a n y person, if he is of opinion t h a t such l ine is or is l ikely to become dangerous to t h e publ ic safety, m a k e an order di rect ing and au thor ­ izing t h e removal thereof by a n y such person and u p o n any such t e r m s as he m a y t h i n k fit a t t h e cost of t he Counc i l : Provided t h a t if t he person compla in ing has consented to t h e p lac ing of such l ine as afore­ said he may be ordered to pay to t h e Counci l for costs a n d expenses such s u m as t h e Dis t r ic t Cour t J u d g e or St ipendiary Magis t r a t e or

Pol ice Mag i s t r a t e m a y award , no t exceeding in t h e whole t e n pounds .

15 . The Counci l m a y from t ime to t ime enter in to any con t rac t

w i t h any person for supply ing wi th electr ici ty any place, bui ld ing, or mine , or for providing any person wi th electric l ines, burners , meters , l amps , or other fittings and th ings , and for t h e repai r thereof in such m a n n e r and upon such t e rms as shall be agreed upon . A n d the a m o u n t due on any such contract , no t exceeding t h i r t y pounds , shal l be recoverable by t h e said Council in t he same m a n n e r as is provided in section thirty-five of th i s Ac t for t h e recovery of any ra te , fine, penal ty , or forfeiture.

16. The Counci l m a y le t any me te r for ascer ta in ing t h e quan­

t i ty of electr ici ty consumed or supplied and a n y fittings there to for

such r emune ra t i on and on such t e rms in respect of t h e repair of such

me te r and fittings, and for secur ing the safety and r e t u r n thereof to t h e Council as m a y be agreed upon between t h e hirer and t h e Council , and such r emune ra t i on shal l be recoverable in t he same m a n n e r as

charges due to t he Council for electr ici ty.

17. T h e Counci l shal l at all t imes keep all mete rs on h i re to a n y consumer in proper order for correctly regis ter ing the quan t i t y of electr ici ty supplied, and in defaul t of t h e Council so doing t h e con­ sumer shall no t be l iable to pay remunera t ion for t h e use of t h e same

d u r i n g such t ime as such defaul t cont inues .

18. Eve ry me te r used for ascer ta in ing t h e quan t i t y of elec­

t r ic i ty suppl ied by the Counci l shall du r ing the con t inuance of such supply, a n d un t i l all charges in respect thereof have been paid, be u n d e r t h e sole control of t h e Council , w h e t h e r such me te r be t h e p roper ty of the Counci l or not, and no person shal l be a t l iber ty to cut , connect , t ap , fix, a l ter , or remove any electr ic l ine, l amp , me te r , or fittings used in connect ion wi th t h e supply of electr ici ty b y t h e Counci l unless au thor ized in wr i t ing by t h e Counci l or i ts agents du ly author ized in t h a t beha l f : Provided t h a t n o t h i n g in th is section shal l affect t h e lawful exercise of any power in t h a t behalf vested in a n y

compe ten t person or pub l i c au tho r i t y .

19. The regis ter of t he mete r used for ascer ta in ing t h e quan t i t y

of electr ici ty suppl ied b y t h e Council shal l be prima jacie evidence of

such quan t i ty . 20.

20. The Council shall no t he enti t led to prescribe any special form of l amp or burner to be used hy any person, or in a n y way to cont ro l or interfere w i th the manner in which electr ici ty supplied by i t in pursuance of this A c t is used : Provided always t h a t no person shall be a t l iber ty to use a n y form of l a m p or burner , or to use t h e e lectr ic i ty suppl ied to h i m for any purposes, or to deal w i th i t in a n y m a n n e r so as to u n d u l y or improper ly interfere w i th t h e supp ly of e lectr ic i ty to any other person ; and if a n y dispute or difference as to t he

mat ters aforesaid arises be tween t h e Counci l and any person ent i t led

to be supplied w i t h electr ici ty in pursuance of th is Act, such dispute

or difference shall be determined by arbitration.

2 1 . W h e r e a supply of e lec t r ic i ty is provided in a n y local i ty for

pr ivate purposes, all persons wi th in such local i ty shall, on applicat ion, be ent i t led to a supply on the same terms as t h e terms on which a n y

other person in such local i ty is under similar c i rcumstances enti t led to
a corresponding supply .

22. The Counci l shal l not , in m a k i n g any agreements for a

supply of e lectr ic i ty , show any u n d u e preference to a n y pe r son ; b u t ,

save as aforesaid, i t m a y m a k e such charges for the supply of	electr ici ty
as m a y be agreed upon .

23. I f any person neglect to pay any electr ic l i gh t r a t e or any charge for electr ici ty, or any other s u m due to t h e Council in respect of or incidental to the supp ly of electr ici ty to such person, t h e Council m a y cu t off his supp ly of e lect r ic i ty , and for t h a t purpose m a y cu t or disconnect any e lec t r ic l ine or other Avork th rough which e lec t r ic i ty m a y be supplied, and may , un t i l such charge or other sum, toge ther w i th any expenses incurred by t h e Counci l in cu t t i ng off such supply

of e lec t r ic i ty as aforesaid is fully paid, b u t no longer , discont inue t he

supp ly of e lec t r ic i ty to such person.

24. A n y person who u n l a w f u l l y and mal ic ious ly cu ts or injures

a n y electr ic l ine or work erected in pursuance of th i s A c t wi th in t en t to cu t off any supply of electr ici ty shall be gu i l ty of felony and be l iable to be kep t in pena l servitude for a n y t e r m no t exceed ing t h r ee years, or to be imprisoned wi th or wi thou t h a r d labour for any t e r m not e x c e e d i n g one year, b u t no th ing in this section shall e x e m p t a person f rom any proceeding for any offence w h i c h is punishable under any

other provis ion of th is Act , or under any other Ac t , or a t common l a w ,

so t h a t no person be punished twice for t h e same offence.

25 . A n y person who mal i c ious ly or f raudulent ly abstracts ,

causes to be wasted or diverted, consumes, or uses a n y electr ic i ty pro­
vided in pursuance of th i s A c t	shal l be gu i l t y of s imple larceny and
punishable	accord ing ly .

26. A n y person who wilful ly and u n l a w f u l l y removes , destroys,

or damages any electr ic l ine, or any pi l lar , post, l amp, mete r , or o ther

work connected wi th or re la t ing to t h e supp ly of e lec t r ic i ty by t he Council in pursuance of th is Act , or who wilfully and un lawfu l ly ex t inguishes any of t he publ ic lamps or l igh ts mainta ined b y t h e Counci l in pursuance of th is Act , or wastes or wi l fu l ly and wrongfu l ly uses any of t he e lect r ic i ty supplied b y t h e Council in pursuance of this A c t shall for each such offence forfeit to t he Council a sum n o t exceeding five pounds in addition to t he amount of damage done.

27. A n y person whO carelessly or acc identa l ly breaks , th rows down, or damages any electr ic l ine, or any pillar, post, l a m p , or other Avork belonging; to the Counci l or under i ts control shal l forfeit and pay such sum of money by way of satisfaction to t h e Council for t h e damage done, no t exceed ing five pounds , as t w o Jus t ices of t he Peace s i t t ing in P e t t y Sessions shall t h ink r easonab le : Provided t h a t th is sect ion shal l no t affect any other remedy.

28. A n y person w ho wilfully, or f raudulent ly , or by cu lpable
negl igence in jures or suffers to be injured any electric l ine or any meter

or fi t t ings be longing to the Council , or al ters t he index to any meter ,

or p reven t s any mete r from du ly regis ter ing t he quan t i t y of electrici ty

supplied, or f raudu len t ly abs t rac ts , consumes, or uses electr ici ty

suppl ied by t h e Council shall, w i thou t prejudice to any o ther r i g h t

or remedy for t h e pro tec t ion of t he Counci l or t h e p u n i s h m e n t of t h e offender, for every such offence forfeit to t h e Counci l a s u m n o t

exceeding twenty-five pounds in addi t ion to t h e a m o u n t of damage .

29. I n any case in which any person has wilfully or f r audu len t ly

in jured or suffered to be in jured a n y electric l ine, or any m e t e r	or
fittings	be longing to t h e Council , or a l tered t h e index to any meter , or

p reven ted any me te r from duly regis te r ing t he quan t i t y of e lectr ic i ty

supplied, t h e Counci l may also u n t i l t h e m a t t e r complained of has been

remedied, b u t no longer , d iscont inue t he supply of electr ici ty to t h e

person so offending, no twi ths t and ing any cont rac t previously exis t ing.

30. The existence of artificial means for caus ing such a l te ra t ion or prevent ion , or for abs t rac t ing , consuming, or us ing electr ici ty suppl ied b y the Council w h e n the me te r is unde r t he custody or control of the consumer, shal l be prima facie evidence t h a t such

a l te ra t ion , prevent ion, abs t rac t ion , or consumpt ion, as the case m a y be,

has been f raudulent ly , knowingly , and wilful ly caused by the	consumer
u s ing such	meter .

3 1 .    A n y officer appointed by t h e Council in t h a t behalf m a y a t

all reasonable t imes en te r any place, bui ld ing, or m i n e to w h i c h elec­ t r ic i ty is or has been supplied by the Counci l in pursuance of th i s A c t for t h e purpose of inspect ing a n d tes t ing t h e electric lines, me te r s , accumula tors , fittings, works , and appa ra tus for the supply of elec­ t r ic i ty be longing to t h e Council , and of ascer ta in ing t h e q u a n t i t y of electr ici ty consumed or supplied, or (where a supply of electr ici ty is no longer required, or where the Counci l is au thor ized to t ake away and cu t off t he supply of electrici ty from a n y premises) for t h e purpose of removing any electric l ines, accumula to rs , fittings, works , or

appa ra tus be longing to t h e Council , repai r ing all damage caused	by
such en t ry , inspect ion, or removal .

32. W h e r e any electric l ines, meters , accumula tors , fittings,

works , or appa ra tus be longing to t h e Council a re placed in or upon a n y place, bui ld ing , or mine (not be ing in t h e possession of t h e Council) for t h e purpose of supply ing electricity in pu r suance of th is Act , such electric l ines, meters , accumula tors , fittings, works , or appa ra tu s shal l

n o t be subject to distress or to t he landlords r emedy for r en t of t h e	premises where t h e same m a y be, nor to be t aken in execut ion unde r
any process of a Court of law or equi ty , or any proceedings in bank­ r u p t c y aga ins t t h e person in whose possession t h e same m a y be : Provided t h a t no th ing in th i s section shall affect any distress or execut ion lawful ly made or issued upon or aga ins t t he Council .
3 3 . Al l act ions or o ther proceedings against t he Council , i ts officers, agents , or servants for a n y t h i n g done or reasonably supposed to have been done in pur suance of th i s A c t shall be commenced w i t h i n twelve m o n t h s after t h e m a t t e r complained of was commit ted and n o t o the rwi se ; a n d not ice in wr i t ing of any such act ion or pro­ ceedings, and of t he cause thereof, shall be given to t h e defendant one m o n t h a t least before t h e commencemen t of t h e p roceed ing ; and in every such proceeding t h e defendant m a y plead the genera l issue and give th is A c t and t h e special m a t t e r in evidence at a n y t r ia l to be had t h e r e u p o n ; and no plaintiff shall recover in any such proceeding if t ender of sufficient amends shal l have been m a d e before the same was commenced, or if a sufficient s u m of money shal l have been paid in to a Cour t after such commencemen t by or on behalf of t h e defendant ,

toge ther

t oge the r w i th costs incurred u p to t h a t t ime. A n d if a verdict shall pass for t h e defendant , or the plaintiff shall become non-sui t or discon­ t i nue such proceeding, or if upon d e m u r r e r or otherwise j u d g m e n t shal l be given agains t t h e plaintiff t he defendant shal l recover his costs and have t h e l ike r emedy for the same as any defendant has by law in

o ther	cases.
34. A n y arbi t ra t ion in pur suance of th is Ac t shall be by a single

a rb i t ra tor and shall be conducted in accordance wi th and subject to t h e provisions of t he A c t thir ty-f irs t Victoria n u m b e r fifteen, in t i tu led

"An Act	to make Arbitrations	more effectual,"	and for t he purposes
of reference to a rb i t ra t ion t he r eunde r th is A c t shall be	deemed	to	he
an	i n s t rumen t	or documen t be tween t h e part ies wi th in t he mean ing	of

t he same. The arb i t ra tor shall in every case have power to direct how

and by w h o m t h e cost of t he reference and award snai l be paid.

35. W h e n e v e r by any section of this Ac t a n y person is m a d e

or becomes liable to any ra le , line, or forfeiture or to pay any s u m of money, whe the r as compensat ion or in any other way, and the mode of recover ing such ra te , l ine, forfeiture, or s u m is no t specified, t h e same m a y be recovered before any two or more Jus t i ces of t h e Peace s i t t ing i n P e t t y Sessions, in accordance wi th t h e Ac t s in force for t he t ime be ing regu la t ing s u m m a r y proceedings before Jus t ices . A n d all sums of m o n e y ordered b y any such Court to be paid, and all costs and expenses awarded by such Court may be recovered and enforced by distress and sale of t he goods and chat te ls of t h e person ordered to pay the same, and in defaul t of sufficient distress such person shall be liable to be imprisoned wi th or w i thou t ha rd labour for any t e r m no t exceeding th ree mon ths , unless such money, costs, or expenses be sooner paid : Provided t h a t no t h ing in th is section shall p reven t proceedings for t he recovery of any fine, forfeiture, or s u m as aforesaid be ing t a k e n in any other Cour t of competen t jur isdict ion w h e n t h e a m o u n t sough t to be recovered exceeds t en pounds .

3G. Al l fines, forfeitures, or other sums recovered by t h e Counci l in pu r suance of this A c t shall be carr ied to t h e credit of	the
electric l igh t	account .

37. I n a n y case in which any s u m m a r y conviction has been
had , or any order for t he p a y m e n t of money has been made in pur ­

suance of th is A c t before or by two or more Jus t ices s i t t ing in P e t t y

Sessions, t h e defendant m a y appeal to t h e Cour t of Qua r t e r Sessions.

T h e provisions of t he " Criminal Law A m e n d m e n t A c t of 1 8 8 3 " in

respect of appeals from	s u m m a r y convictions the reunder shall apply
and extend to all appeals under th is section, and shall be observed in
t h e m a k i n g of every such appeal and all proceedings	the reupon .

38 . The Council m a y for the purposes of th i s Act , m a k e all
such by- laws, appoin t and pay all such officers and do all such other

necessary ma t t e r s and th ings as i t may now be ent i t led to m a k e ,

appoint , pay, or do in connect ion wi th a l igh t ing of t h e Borough	by
means of gas or a supply of gas wi th in the l imits thereof.

39. I t shall be lawful for t h e Counci l to supply electricity outside t he l imits of t he Porough , and for such purpose to exercise any power conferred upon it by th is A c t (other t h a n t h e power to m a k e and levy a n electric l ight rate) wi th in or w i thou t t h e l imits of any Borough or Munic ipa l Dis t r ic t near or adjoining the Borough of Newcast le , or nea r or adjoining any other Borough or Munic ipa l Dis t r ic t w i th in the l imits of wh ich t h e Council shall a t t h e t ime be lawfully exercis ing such powers, subject however to t h e following provisions :—

(i) The aforesaid powers shall no t be exercised wi th in the l imits of any such Borough or Munic ipa l Dis t r ic t except w i th t he consent of t he Counci l thereof (which consent i t is hereby empowered to give), and upon such te rms and conditions as

may be m u t u a l l y agreed upon, (II)

(n) 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 or Municipal District 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.

(in) The Council of such Borough or Municipal District shall, for the purposes of this section, have power to enter into all such contracts and to levy all such rates as it is by law empowered to enter into or levy in respect of a supply of gas.

40. Nothing in this Act—

(i)   Shall limit or interfere with the rights of any owner, lessee, or occupier of any mines or minerals lying under or adjacent to any street along or across which any electric line shall be laid to work such mines and minerals.

(n) Shall authorize 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, collect- ing, 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.

(in) Shall exempt the Council or its operations in pursuance of this Act from the provisions of any general Act relating to the supply of electricity which may be passed in this or any future Session of Parliament, or entitle the Council to compensation from the public revenue by reason of the provisions of such general Act being made applicable to and binding upon the Council.