Electric Lighting Act 1892 (WA)

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ANNO QUINQUAGESIMO QUINTO

VICTORLE REGINA:.

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No. XXXIII.

AN ACT to authorise Municipal Corporations to supply or to grant Licenses or make Con- tracts for the supply of Electricity for Light- ing and other purposes.

[ Assented to, i gth March, 4921

Legislative Assembly of Western Australia, in this present Parlia- BE it enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and Preamble.

ment assembled, and by the authority of the same, as follows:-

1. THIS Act may be cited for all purposes as " The Electric Lighting Act, 1892." Short title.

2, IN this Act, unless the context otherwise requires- Interpretation.

" Company" means any body of persons, corporate or unin-

corporate.

" Consumer " means any person, company, or corporation

supplied with electricity under this Act.

" Council " means Municipal Council.

55" VICTORIX, No. 33.

Electric Lighting.

" Electricity " means electricity, electric current, or any like

agency.

" Electric line " means a wire or wires, conductor, or other means used for the purpose of conveying, transmitting, or distributing electricity with any casing, coating, tube, pipe, or insulator enclosing, surrounding, or supporting the same, or any part thereof, or any apparatus con- nected therewith for the purpose of conveying, trans- mitting, or distributing electricity.

" Governor " means and includes the officer for the time being administering the Government, acting 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.

"Rent " means and includes any electric light rate and

charge, rent, reward, or payment to be made for the

supply of electricity or for the fixing or use of a meter.

" Street" means any square, court, alley, highway, lane, road,

thoroughfare or public place or passage.

"'Works " means and includes electric lines, meters, accumu- lators, fittings, and apparatus for the supply of elec- tricity, also any buildings, machinery, engines, matters or things of whatever description required to generate or supply electricity and to carry into effect the purposes of this Act.

" Undertakers " means the company or persons supplying electricity under license from or contract with the Council, and includes the Council where the Council itself supplies electricity under this Act.

PART I.—GENERAL PROVISIONS.

Council may supply supply, or from time to time license or contract with, any companyorgrant licenses or 3. ANY Council may, subject to the provisions of this Act,

make contract for or person to supply electricity for all or any of the purposes men- city.supply of electri- dolled in this Act within the limits of the municipality or within

such other limits as the Governor may, from time to time, by pro-

clamation approve and allow.

55" VICTORIZE, No. 33.

Electric Lighting.

4.

ANY such license or contract may be for any period or periods not exceeding twenty-one years and shall be subject to such	Term of licenses
and contracts.
regulations and conditions as to the performance by any such company or person of their duties in regard to such supply, for the revocation or rescission of the license or contract where the said company or person shall fail to perform such duties to the satisfaction of the Council, for authorising inspection and inquiry from time to time by any officer of the Council, and generally with regard to any other matters in connection with any such license'or contract or sup- ply of electricity.

IN all cases where the Council enters into any contract under the authority of this Act it shall be lawful for the Council to

In cases of contract,

Council to have

make all such stipulations, provisoes, and agreements for the rescis-

power to rescind,

sion, revocation, or purchase of any rights, licenses, or concessions

revoke, or purchase.

to be granted by the Council at such times and upon such terms and

conditions as to them may seem meet.

5.

THE Council may use the ordinary corporate funds for the purpose of obtaining plans, estimates, or reports as to the cost of Zratensfrirsor

6.

acquiring or constructing works for the generation and supply of preliminary ex-	Penses.
electricity: Provided that in the event of such works being pro-
ceeded with, such preliminary expenditure shall be charged to the
electric light account.

(i .) THE undertakers shall also be subject to such regulations R s ty be

and conditions as may from time to time be prescribed by the Gov- pgscrib byThrov-

ern or, and published in the Government Gazette, with regard to the ernor.

following matters :-

(a) The limits within which and the conditions under which a supply of electricity is to be compulsory or permissive :

(b) Securing a regular and efficient supply of electricity :

(c)	Securing the safety of the public from personal in- jury or from fire or otherwise:
(d)	The limitation of the prices to be charged in respect of the supply of electricity and the rent and sale of meters and fittings:

(e) Authorising inspection and inquiry from time to

time by the Governor :

(.71 The enforcement of the due performance of the duties of the undertakers in relation to the supply of electricity by the imposition of penalties or other- wise : and

550 VICTORI2E, No. 33.

Electric Lighting.

(g) Generally with regard to any other matters in con- nection with the supply of the electricity.

(2.) Such proclamation and such regulations and conditions, or any of them, may be either general or restricted to some parti- cular municipality.

(3.) The Governor may, by such regulations as aforesaid, impose penalties not exceeding Fifty pounds in each case, for the breach of any such. regulation.

8.

ANY Council within any part of whose municipality electricity is supplied may, in addition to any regulations which may be made under the provisions of the last preceding section for securing the safety of the public, from time to time make, rescind, alter, or repeal by-laws for -further securing such safety, and there may be annexed to any breach of such by-laws such penalties as such Council may think necessary, not exceeding Fifty pounds for each offence : Provided that no such by-laws shall have any force or effect unless and until they have been confirmed by the Governor, and published in the Government Gazette.

Council may make

by-laws.

9.

ANY Council, subject to and in accordance with the provisions and restrictions of this Act, and of any regulations made by the Governor in pursuance of this Act, may, for the purpose of supplying electricity, acquire such lands, construct such works, acquire such interests in, and licenses for the use of, any patented or protected processes, inventions, machinery, apparatus, methods, materials, or other things, enter into such contracts and generally do all such acts and things as may be necessary and incidental to such supply.

General powers of

Council.

10.      IT shall be lawful, with the approval of the Governor, for

Power to sell,

exchange, or lease

the Council to sell or exchange any lands acquired under the

lands.

authority of this Act, or to lease the same upon such terms and

conditions as to the Council may seem meet.

Power to break up mace as is hereinafter specified, may open and break up the soil andstreets, &c., and to 11. THE Council, and the undertakers under such superintend-

open drains. pavement of the several streets and bridges within the limits to be

supplied with electricity, and may open and break up any sewers, drains, or tunnels within or under such streets or bridges, and lay and place under or erect over along or across any street or bridge any electric lines and other works, 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 bridges ; and may in any such streets erect any pillars, poles, 'standards, lamps, and other works, and do all other acts which the Council or undertakers shall from

55° VICTORI2E, No. 33.

Electric Lighting.

time to time deem necessary for supplying electricity ; and may lay, place, or erect any electric line, branch, or other apparatus from any main or branch electric line into, through, or against any place or build- ing for the purpose of lighting the same, and provide and set up any apparatus necessary for securing thereto a complete supply of elec- tricity arid for measuring and ascertaining the extent of such supply : Provided that nothing herein shall authorise or empower the Council or undertakers to lay, place, or erect any electric line or other works into, through, or against any building or land not dedicated to public use without the consent of the owners and occupiers thereof, except that the Council or undertakers may at any time enter upon and lay, place, or erect any new electric line or fittings in the place of an existing line or fittings in any position wherein an electric line or fittings shall have been lawfully laid down, placed, or erected, and may repair or alter any electric line or fittings so laid down.

BEFORE the undertakers proceed to open or break up any

street, bridge, sewer, drain, or tunnel, they shall give to the Council ing up streets in

under whose control or management the same may be, or to their certain cases.

clerk, surveyor or other officer, notice in writing of their intention to

open or break up the same, not less than three clear days before

beginning such work, except in cases of emergency arising from

defects in any of the electric lines or other works, and then so soon

as is possible after the beginning of the work or the necessity for the

same has arisen ; and also except for the purpose of connecting

branch electric lines to mains which have been previously laid or

erected, in which case one clear day's notice shall be sufficient.

Notice before breal

12.

NO such street, bridge, sewer, drain, or tunnel shall, except in the case of emergency aforesaid, be opened or broken up by the certain cases over Superintendence in

13.

undertakers except under the superintendence of the Council having breaking up of	the control or management thereof, or of their officer, and according streets, &C.
to such plan as shall be approved of by such Council or their officer, or in case of any difference respecting such plan then according to such plan as shall be determined by two Justices, and such Justices may on the application of the Council, or their officer, require the undertakers to make such temporary or other works as they may deem necessary for guarding against any interruption of the drainage during the execution of any works which interfere with any such sewer or drain : Provided always, that if the Council or their officer fail to attend at the time fixed for the opening of any such street, bridge, sewer, drain, or tunnel, after having had such notice of the undertakers' intention as aforesaid, or shall not propose any plan for breaking up or opening the same, or shall refuse or neglect to superintend the operation, the undertakers may perform the work specified in such notice without the superintendence of such persons
or their officer.

550 VICTORIIE, No. 33.

Electric Lighting.

14.      WHEN the council or undertakers open or break up the

to be reinstatedStreets broken up road or pavement of any street, or bridge, or any sewer, drain, or without delay. tunnel, they shall with all possible speed complete the work for

which the same shall be 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 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, every night during which the same shall be continued open or broken up, and the undertakers shall keep the road or pavement which has been so broken up by them in good repair for three months after reinstating and making good the same, and for such further time, if any, not being more than twelve months in the whole, as the soil so broken up shall continue to subside.

15.      IF the undertakers open or break up any street or bridge

Penalty for breach or any sewer, drain, or tunnel, without giving such notice as afore-of provisions as to breakingup streets, said, or in any manner different from that which shall have been &c. approved of or determined as aforesaid, or without making such

temporary or other works as aforesaid, when so required (except in the cases in which the undertakers are hereby authorised to perform such works without any superintendence or notice), or if the under- takers make any delay in completing any such work, or in filling in the ground, or reinstating and making good the road or pavement, or the sewer, drain, or tunnel so opened or broken up, or in carrying away the rubbish occasioned thereby, or if they neglect to cause the place where such road or pavement has been broken up by them to be fenced, guarded, and lighted, or neglect to keep the road or pavement broken up by them in repair for the space of three months next after the same is made good, or such further time as aforesaid, they shall forfeit to the Council having the control or management of the street, bridge, sewer, drain, or tunnel, in respect of which such default is made, a sum not exceeding Ten pounds for every such offence, and they shall forfeit an additional sum of Five pounds for each day during which any such delay as aforesaid shall continue after they shall have received notice thereof.

(i.) SUBJECT to the provisions of this Act, and to any alter the position of any pipes or wires being under, along, over, or across any street or place which may interfere with the exercise of the powers under this Act, on previously making or securing such compensation to the owners of such pipes or wires, and on complying with such conditions as to the mode of making

16.

Power to alter	regulations or by-laws made under this Act, the undertakers may
position of pipes
and wirps

55° VICTORIIE, No. 33.

Electric Lighting.

such alterations as may, before the commencement of such altera- tions, be agreed upon between the undertakers and such owners, or, in case of difference, as may be determined by arbitration.

(IL) Any person or public authority lawfully competent so to do may in like manner alter the position of any electric line or works of the undertakers being under or along, over, or across any such street or place as aforesaid 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 restric- tions as are in the first sub-section of this section contained.

17.      THE Council or the undertakers may from time to time

enter into any contract with any person for lighting or supplying withroorwrithtLrespn,tmet

electricity, any public or private building, or for providing any person and private build-

with electric lines, burners, meters, or lamps, or other fittings and nags, streets, &a

things, and for the repair thereof; and the undertakers may from

time to time enter into any contract with any Council having the

control of the streets wi,thin the limits aforesaid for lighting such

streets, or any of them, or any public building or place, with elec-

tricity, and for providing any such Council with electric lines,

burners, meters, or lamps, and other fittings and things, for such

purposes and for the repair thereof, in such manner and upon such

terms as shall be agreed upon.

18.      IF any consumer neglects to pay any rent due to the under-

takers or the price of or charges for any meter, pipes, burners, lamps, Power co gut off

or other fittings or apparatus for the space of forty-eight hours next 'neat of rent and supply £or non-pay-

after a demand of the amount due shall have been left at or upon the charges.

building or premises supplied, the undertakers may cut off the supply

of electricity, and for that purpose may cut or disconnect any electric

line or other work through which electricity may be supplied, and

may until such rent, price, and charges, together with any expenses

incurred by them in cutting off such supply of electricity as afore-

said, is fully paid, but no longer, discontinue the supply of electricity

to such consumer.

19. IF any consumer wilfully does, or causes, or suffers to be p cut off

done, anything in contravention of this Act, or wilfully fails to do spp13 ower to

, caso of

anything which under this Act ought to be done by such consumer, teisltntention of

whereby electricity escapes from any electric line laid in, over, or

along any private road, street, or premises, and before it reaches the

meter, the undertakers may cut off or disconnect any such electric

line and cease to supply such consumer with electricity so long as

the cause of injury remains or is not remedied ; and also may recover

summarily upon complaint before any two Justices from every con-

sumer so offending the amount of all loss, damage, or injury which

the undertakers may sustain by such misfeasance or failure, and the

55° VICTORIX, No. 33.

Electric Lighting.

remedies under this section shall be in addition to any other remedies

in that behalf.

WHERE the contract between the undertakers and any consumer for supplying electricity, meters, apparatus, or fittings has expired or determined, or where the undertakers are authorised to cut off the supply of electricity from any premises under the pro- visions of this Act, it shall be lawful for them or their agents and workmen, on giving twenty-four hours previous notice to the occu- pier at any time between the hours of eight in the forenoon and five in the afternoon, or in case of danger or emergency without notice, to enter such premises and to disconnect and to remove and carry away any electric line, pole, standard, meter, apparatus, or fitting belonging to the undertakers: Provided that all damage to property of whatever description occasioned by such removal shall be made good by and at the expense of the undertakers occasioning the same.

20.

Entry for cutting

off supply.

21.      IN case any consumer shall leave the premises where electri-

Incoming tenant

not liable for	city has been supplied to him without paying the rent or charges
arrears.	due from him to the undertakers, they shall not be entitled to require from the next incoming tenant or occupier of such premises the pay- ment of the arrears left unpaid by the former tenant, unless such incoming tenant or occupier has undertaken with the former tenant to pay or exonerate him from the payment of such arrears.

22.      ANY person who obtains a supply of electricity from the

lently obtainingPenalty for fraudn- undertakers under the name of any other person shall, unless he supply of electri- proves that such supply was obtained without any intent to defraud,

city. be liable to a penalty not exceeding Ten pounds.

23.      EVERY person who, in case the electricity supplied by the

Penalty for laying	undertakers is not ascertained by meter, shall use any lamp or burner
pipes without
consent, &c.	other than such as has been provided or approved of by them, or of larger dimensions than he has contracted to pay for, or shall keep the lights burning for a longer time than he has contracted to pay for, or who shall otherwise improperly use such electricity, or shall supply any other person with any part of the electricity supplied to him, shall forfeit to the undertakers the sum of Five pounds for every such offence, and also the sum of Forty shillings for every day such lamp or burner shall be so used, or such excess be so committed or continued, or such supply furnished, and the undertakers may cut off the electricity from the house and premises of the person so offending, notwithstanding any contract which may have been previously entered into.

24.      THE undertakers may let any meter for ascertaining the

Undertakers may

let meter. quantity of electricity consumed or supplied, and any fittings thereto,

55° VICTORIX, No. 33.

Electric Lighting.

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, as may be agreed upon between the hirer and the undertakers, and such remuneration shall be recoverable in the same manner as rent due for electricity.

25. THE undertakers shall at all times keep all meters on hire Uders keep ertak to

to any consumer in proper order for correctly registering the quantity meters in	repa	ir.
of electricity supplied, and in default of the undertakers so doing, the consumer shall not be liable to pay remuneration for the use of the same during such time as such default continues.

EVERY meter used for ascertaining the quantity of elec- tricity supplied by the undertakers shall, during the continuance of

Meter not to be

interfered with and

such supply and until all charges in respect thereof have been paid,

connections not to

be made by un-

be under the sole control of the undertakers, whether such meter be

authorised persons.

the property of the undertakers or not, and no person shall be at liberty to cut, connect, tap, fix, alter, or remove any electric line, lamp, meter, or fittings used in connection with the supply of elec- tricity by the undertakers unless authorised in writing by the under- takers or their agents duly authorised in that behalf: Provided that nothing in this section shall affect the lawful exercise of any power in that behalf vested in any competent person or public authority.

26.

THE register of the meter used for ascertaining the quan- tity of electricity supplied by the undertakers shall be prima facie	Register of meter to
be prima facie
evidence.
evidence of such quantity.

27.

THE undertakers shall not be entitled to prescribe any special form of lamp or burner to be used by any person, or in any

Undertakers not to

prescribe any

special form of

way to control or interfere with the manner in which electricity

lamp, &e., or

supplied by it in pursuance of this Act is used: Provided always,

manner of using

electricity.

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 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 undertakers and any person entitled to be supplied with electricity in pursuance of this Act, such dispute or difference shall be determined by arbitration.

28.

WHERE a supply of electricity is provided in any locality for private purposes, all persons within such locality shall on	Obligation to supply
electricity.
application be entitled to a supply on the same terms as the terms on which any other person in such locality is under similar circum- stances.entitled to a corresponding supply.

29.

55° VICTORUE, No. 33.

Electric Lighting.

30. ANY person who unlawfully and maliciously cuts or

Injuring works w

th 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 be imprisoned, with or without hard labor, for any term not exceeding one year, but nothing in this section shall exempt a person from any proceeding for any offence which is punishable under any other provision of this Act, or under any other Act, or at common law, so that no person be punished twice for the same offence.

supply.

intent to cut off

31.

ANY person who maliciously 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.

Stealing electricity.

32.       ANY person who wilfully and unlawfully removes, destroys,

Penalty for remov-

ing electric line, S:e. or damages any electric line or any pillar, post, lamp, meter or other work connected with or relating to the supply of electricity by the undertakers in pursuance of this Act, or who wilfully and unlawfully extinguishes any of the public lamps or lights maintained by the undertakers in pursuance of this Act, or wastes, or wilfully and wrongfully uses any of the electricity supplied by the undertakers in pursuance of this Act shall for each such offence forfeit to the undertakers a sum not exceeding Five pounds in addition to the amount of damage done.

33.

ANY person who carelessly or accidentally breaks, throws work belonging to the undertakers, or under their control, shall forfeit and pay by way of satisfaction to the undertakers for the damage done a sum not exceeding Fifty pounds : Provided that this section shall not affect any other remedy.

Penalty for break-	down or damages any electric line or any pillar, post, lamp or other
ing electric line, &c.

34.      ANY person who wilfully or fraudulently, or by culpable

rug with meter, &c. meter or fittings belonging to the undertakers, or alters the index to Penalty for tamper- negligence, injures or suffers to be injured, any electric line, or any

any meter, or prevents any meter from duly registering the quantity of electricity supplied, or fraudulently abstracts, consumes or uses electricity supplied by the undertakers, shall without prejudice to any other right or remedy for the protection of the undertakers, or the punishment of the offender for every such offence, forfeit to the undertakers a sum not exceeding Twenty-five pounds, in addition to the amount of damage.

Supply of electricity 35. IN any case in which any person has wilfully or fraudu-

may also be cut off. lently injured, or suffered to be injured, any electric line, or any

55° VICTORLE, No. 33.

Electric Lighting.

meter or fittings belonging to the undertakers, or altered the index to any meter, or prevented any meter from duly registering the quantity of electricity supplied, the undertakers 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.

36.

THE existence of artificial means for causing such altera- tion or prevention, or for abstracting, consuming, or using elec-	Evidence that meter
has been tampered
tricity supplied by the undertakers when the meter is under the	with.
custody or control of the consumer, shall be prinui facie evidence that such alteration, prevention, abstraction, or consumption (as the case may be) has been fraudulently, knowingly, and wilfully caused by the consumer using such meter.

37.

ANY officer appointed by the undertakers in that behalf may, at all reasonable times, enter any place or building to which	Power to enter
premises and
inspect or remove
electricity is or has been supplied by the undertakers in pursuance	fittings, &e.
of this Act for the purpose of inspecting and testing the electric lines, meters, accumulators, fittings, works, and apparatus for the supply of electricity belonging to. the undertakers, and of ascertain- ing the quantity of electricity consumed or supplied, or, where a supply of electricity is no longer required or where the under- takers are authorised to take away and cut off the supply of elec- tricity from any premises, for the purpose of removing any electric lines, accumulators, fittings, works, or apparatus belonging to the undertakers, repairing all damage caused by such entry, inspection, or removal.

WHERE any electric lines, meters, accumulators, fittings, works, or apparatus belonging to the undertakers are placed in or	Undertakers'
fittings not to be
upon any place or building (not being in the possession of the under-	subject to distress,
takers) for the purpose of supplying electricity in pursuance of this	execution, &c.
Act, such electric lines, meters, accumulators, fittings, works, or apparatus 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 process of a Court of law or equity, or any pro- ceedings in bankruptcy against the person in whose possession the same may be: Provided that nothing in this section shall affect any distress or execution lawfully made or issued upon or against the undertakers. -

38.

39. IN the exercise of the powers in relation to the execution Compensation for

of works given them under this Act, the undertakers shall cause as damage.

little detriment and inconvenience, and do as little damage as

possible, and shall make full compensation to all persons interested

for all damage sustained by them by reason or in consequence of the

550 VICTORLE, No. 33.

Electric Lighting.

exercise of such powers, the amount and application of such com-

pensation in case of difference to be determined by arbitration.

40.      Op NO alteration in any public telegraph or telephone

Provision for pro- line shall be made by the undertakers except by the express written

tection of public

telegraph and tele_ sanction of the Superintendent of Telegraphs and subject to the

phone lines.

conditions imposed by him.

(2.) The undertakers shall not, in the exercise of the powers conferred by this Act, lay down, place, or erect any electric line or do any other work for the supply of electricity whereby any public tele- graph or telephone line is or may be injuriously affected. And the undertakers and their agents shall conform with such reasonable requirements, either general or special, as may from time to time be made by the Superintendent of Telegraphs for the purpose of preventing any such telegraph or telephone line from being injuriously affected by the said line or work. Any difference which arises between the Superintendent of Telegraphs and the undertakers or their agents with respect to any requirements so made shall be determined by arbitration ; In the event of any contravention of this section by the undertakers or their agents the undertakers shall 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 which such interruption continues. For the purposes of this section a telegraph or telephone line shall be deemed to be injuriously affected if telegra- phic or telephonic communication by means of such line, whether through induction or otherwise, is affected by any electric line or work of the undertakers, or by any use made of such electric line or work.

41.       WHERE electricity is supplied within any such limits as

Power for Governor

to relieve gas	aforesaid, and a supply of gas by any gas company is also authorised
company from	within such limits or any part thereof by any Act under the pro-
obligation to supply
gas in certain cases.	visions of which such gas company is under any general or limited obligation to supply gas upon demand, the Governor may, upon the application of such gas company, inquire into the cir- cumstances of the case, and, if he is satisfied that any specified part of the area comprised within such limits is sufficiently supplied with electric light, and that the supply of gas in such specified part has ceased to be remunerative to the gas company, and that it is just that such gas company should be relieved from the obligation to supply gas upon demand, as aforesaid, the Governor may, in his discretion, make an order relieving the gas company from such obligation, within such specified part of such area, either wholly or in part, and upon such terms and conditions as he may think proper, and from and after the date of such order such gas company shall

55° VICTORTIE, No. 33.

Electric Lighting.

be so relieved accordingly. All expenses in connection with any such inquiry or order shall be borne and paid by the gas company upon whose application the inquiry or order was made.

NOTHING in this Act shall exempt any council, company,

or person from the provisions of any general Act relating to the general Acts.

supply of electricity which may be passed in any future Session of

Parliament.

• Provision as to

42.

NOTHING in this Act shall authorise or enable any council,

company, or person, to transmit any telegram or telephonic message, telegrams.

or to perform any of the incidental services of receiving, collecting,

or delivering telegrams or telephonic messages, or give to any council,

company, or person any power, authority, or facility of any kind

whatever in connection with such transmission or performance as

aforesaid.

Saving clause as to

43.

NOTHING in this Act contained shall be deemed or con- strued to affect any right, title, or interest of Her Majesty, her heirs	Saving of rights of
the Crown.
or successors.

44.

PART IL—ARBITRATION.

WHEN any dispute or difference authorised by this Act to be settled by arbitration shall have arisen, then, unless both	Appointment of
arbitrators when
parties shall concur in the appointment of a single arbitrator, each	questions are to be
determined by
party, on the request of the other party, shall nominate and appoint	arbitration.
an arbitrator, to whom such dispute or difference shall be referred.

45.

EVERY appointment of an arbitrator shall be made under the hand of the appointor, or, if the appointor be a corporation	Arbitrator, how
appointed.
aggregate, under the common seal of such corporation. Such appointment shall be delivered to the arbitrators, and shall be deemed a submission to arbitration on the part of the party by whom the same shall be made. After any such appointment shall have been made, neither party shall have power to revoke the same without the consent of the other, nor shall the death of either party operate as a revocation.

46.

IF for the space of fourteen days after any such dispute or difference shall have arisen, and after a request in writing, in which	Proceedings on
failure of one
shall be stated the matters required to be referred to arbitration,	party to appoint
shall have been served by the one party on the other party to	arbitrator.
appoint an arbitrator, such last-mentioned party fail to appoint such arbitrator, then upon such failure 'the party making the request, and having himself appointed an arbitrator, may appoint such arbi- trator to act on behalf of both parties; and such arbitrator may pro-

47.

55° VICTORI}E, No. 33.

Electric Lighting.

teed to hear and determine the matters which shall be in dispute. In such case the award or determination of such single arbitrator shall be final.

48.      IF, before the matter so referred shall be determined, any

Vacancy of arbitra- arbitrator appointed by either party die or become incapable of act-

tor th be supplied.

ing, the party by whom such arbitrator was appointed may nomin- ate and appoint, in writing, some other person to act in his place; and if, for the space of seven days after notice in writing from the other party for that purpose, he fail to do so, the remaining or other

arbitrator may proceed ex pane. Every arbitrator so to be substi- tuted as aforesaid shall have the same powers and authorities as were

vested in the former arbitrator at the time of such his death or in-

capacity as aforesaid.

WHERE more than one arbitrator shall have been ap- pointed, the arbitrators shall, before they enter upon the matters re- ferred to them, nominate and appoint by writing under their hands an umpire, to decide on any such matters on which they shall differ, or which shall be referred to them, under this Act. If such umpire shall die, or become incapable of acting, the arbitrators shall forth- with after such death or incapacity appoint another umpire in his place. The decision of every such umpire on the matters so referred to him shall be final.

Appointment of 49.

umpire.

50.      IF, in either of the cases aforesaid, the arbitrators shall

Governor empow- refuse, or shall, for seven days after request of either party to such

ered to appoint an -h• , -

umpire on neglect animation , neglect o appoint an umpire to, the G Governorshall on, the

of the arbitrators. application of either party to such arbitration, appoint an umpire.

The decision of such umpire on the matters on which the arbitrators shall differ, or which shall be referred to him under this Act, shall be final.

51.     IF, where a single arbitrator shall have been appointed,

In case of death of such arbitrator shall die or become incapable of acting before hesingle arbitrator

the matter to begin shall have made his award, the matters referred to him shall be de-

do novo. termined by arbitration under the provisions of this Act in the same

manner as if such arbitrator had not been appointed.

52.      IF, where more than one arbitrator shall have been ap-

If either arbitrator pointed, either of the arbitrators refuse or for seven days neglect to

refuse to act the

other to proceed ex

act, the other arbitrator may proceed ex pane, and the decision of

parte.

such other arbitrator shall be effectual as if he had been the single

arbitrator appointed by both parties.

53. IF, where more than one arbitrator shall have been ap-

If	arbitrators
ar fail

to make their award pointed, and where neither of them shall refuse or neglect to act as

55" VICTORLE, No. 33.

Electric Lighting.

aforesaid, such arbitrators shall fail to make their award within	within twenty-one
twenty-one days after the day on which the last of such arbitrators	days the matter to
shall have been appointed, or within such extended time, if any, as	go to the umpire.
shall have been appointed for that purpose by both such arbitrators under their hands, the matter referred to them shall be determined by the umpire to be appointed as aforesaid.

54.

THE said arbitrators or their umpire may call for the pro- duction of any documents in the possession or power of either party ET,svet'i; a

faot

which he or they may deem necessary for determining the question books, ire.

in dispute, and may examine the parties or their witnesses on oath,

and administer the oaths necessary for that purpose, and any person

wilfully giving false evidence before any arbitrator or umpire shall

be guilty of perjury.

55.

BEFORE any arbitrator or umpire shall enter into the consideration of any matter referred to him, he shall, in the presence pire to make Arbitrator and m

u -

of a Justice of the Peace, make and subscribe the following declara- declaration.

tion, that is to say:—"I, A. B., do solemnly and sincerely declare

that I will faithfully and honestly, and to the best of my skill and

ability, hear and determine the matters referred to me under the

provisions of "The Electric Lighting Act, 1892.'—A. B." Such

declaration shall be annexed to the award when made; and if any

arbitrator or umpire having made such declaration shall wilfully act

contrary thereto he shall be guilty of a misdemeanor.

56.      THE costs of and incidental to every such arbitration and costs to be in the

award to be determined by the arbitrators shall be in the discretion discretion of the	arbitrators.
of the arbitrators or umpire.

57.

THE submission to any such arbitration may be made a rule of the Supreme Court on the application of either of the parties.

Submission to arbi-

trationmaybemade a

rule of court.

58.

NO award made with respect to any question referred to arbitration under the provisions of this Act shall be set aside for	The award not to be
set aside for matter
irregularity or error in matter of form.	of form.

59.

IN the event of either of the parties, their executors or ad- ministrators, being dissatisfied with the award, or disputing its	Power to refer back
award.
validity, and moving the Court to set the same or any part thereof aside, or on any motion being made respecting the said award, the Court, whether the award be insufficient in law or not, shall have power, if it shall think fit, to remit the award, or • the matters re- ferred, or any of them, from time to time, to the reconsideration and determination of the arbitrator or arbitrators or umpire.

55" VICTORLE, No. 33.

Electric Liyhtiny.

PART III.—LEGAL PROCEDURE.

Service of notices 60. WHEN EVER it shall be necessary, on the hearing of any in-

may be proved by	formation or complaint under this Act, to prove the service of any
affidavit.	notice, an affidavit of the service of such notice, sworn before a Justice of the Peace or Commissioner for taking Affidavits in the Supreme Court, shall be sufficient proof of such service.

SUBJECT to the express provisions of this Act, whenever

Daags, &c., may 61.

be assessed and re-	by this Act any company or person may be liable to pay any sum of
covered before	money by way of amends, compensation, or damages, or for the value
Justices.	or costs or expenses of any examination or inquiry, or of any matter or thing, or of repairing, reinstating, or making good any loss, damage, or injury done or occasioned by such company or person to any property, the Justices before whom the charge or complaint against such company or person shall be heard shall assess and determine the sum of money payable as aforesaid, and order the payment thereof to the undertakers or persons entitled thereto within such time or times and either in one sum or by instalments as such Justices shall think fit ; and all rent, charges, expenses, damages, and other sums of money by this Act made payable to, or recoverable by or against the Council or under- takers, shall be recoverable in a summary way before two or more Justices in like manner as penalties and forfeitures may be recovered under this Act.

62.      ALL offences against this Act, or any regulations, or

Offences, penalties,	by-laws made thereunder, and all penalties and forfeitures thereby
and forfeitures to
be prosecuted	respectively imposed, shall be prosecuted and recoverable sum-
and recovered	marily before any two or more Justices of the Peace in Petty
summarily.	Sessions, in manner directed by an Ordinance passed in the session holden in the fourteenth year of the reign of Her Present Majesty, No. 5, intituled " An Ordinance to facilitate the performance of the duties of Justices of the Peace out of Sessions, within the Colony of Western Australia, with respect to Summary Convictions and Orders," or any Ordinance passed for the amendment thereof

ANY Justice who shall issue a warrant of distress for the recovery of any money due to or by the Council or undertakers, either by way of rent, charges, penalty, damages, or otherwise, may order that the costs of the proceedings for the recovery of the same shall be paid by the company or person liable to pay the same money, and such costs shall be ascertained and included in the warrant of distress for the recovery of such money.

63.

Costs on distress.

Damages awarded 64. WHERE any damage or injury is done to any property of

or sums of money the undertakers, and any damages are awarded to the undertakers,

55" VICTORIZE, No. 33.

Electric Lighting.

and where any sum of money is forfeited to the undertakers, or any payable to under-

penalty is imposed for an offence against any property of the under- takers to be for takers, such damages, sum of money, or penalty shall be paid to the their own use.

undertakers for their own use.

65.     SUBJECT to the provisions of this Act one moiety of all Appropriation of

penalties imposed by this Act, where the application is not other- penalties.

wise provided for, shall be paid to the informer, and the other

moiety for the use of Her Majesty.

EXCEPT where otherwise provided by this Act, all informations and proceedings in respect of offences under this Act Oecifuetneedeisvitie	shall be commenced within three months after the offences thereby months.
respectively charged shall have been committed.

66.

67.       NO order, judgment, warrant, or other proceeding made or

purporting to be made concerning the conviction of any offender iperogoiens ediiinerfonro,tv.mtot

against this Act shall be quashed or vacated for want of form only, of form or remov-

or be removable by certiorari or otherwise into the Supreme Court, able by certiorari.

In the. name and on behalf of the Queen I. hereby assent

to this Act.

ALEX. C. ONSLOW, Administrator.

By Authority: • Pict/an) Po•mor Government Printer, Perth.