Gas and Electric Lighting Act 1891 (SA)

ANNO QUINQUAGESIMO QTJ ART0 ET QUINQUA-

GESIMO QULKTO

VICTORIB REGINB.

A.D. 1891.

No. 531.

An Act to authorise Municipal Corporations and District

Councils to supply Gas and Electricity for Light-

ing, and other purposes.

[Assented to, Decembev q t h, ~891.1

HEREAS it is desirable to make provision for authorising Preamble.

W Municipal Col$orations and District Councils to supply gas and electricity for lighting and other purposes-Be it therefore

b	Enacted by the Governor of thc province of South Australia, with
the advice and consent of the Legislative Council and House of serrrbly of the mid province, in this present Parliament assembled,
%

1, This Act may be cited for all purposes ns ' T h e Gas and short title.

Electric Lighting Act, 169 1 ."

2, In this Act the following expressions shall have the meaning Interpretation o~rruae.

by this section assigned to them, save where the context or subject

is inconsistent with such meaning:-

'' Alteration,"	" alter," and C; altering," in relation to an clectric line, ox to any pipes or wires, include the substitution of any iiew line, or any pipe or wire, either in the same or some other place, and the removal of or other dealing with any electric line
or any pipe or wire, or any part of any such line, pipe, or wire:

"Company" means any body of persons, corporate or ~lnin-

corporate :

District " means, in reference to a local authority which is a

Municipal Corporation or its Council, the Municipality of

8-531 S U C ~

54O & 55" VICTORIE, No. 531.

The Gas and Electric Lighting Act.-1891.

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such Co.'poration, and, in reference to a local authority which

is a District Council, the district of such Council:

" Electricity " includes 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 dis- tributing electricity, with any casing, coating, covering tube, pipe, or insulator, enclosing, surrounding, or supporting the same or any part thereof, or any apparatus connected there- with for the purpose of conveying, transmitting, or distri- buting electricity or electric currerlts:

Gasworks " means and includes all land, buildings, machinery, plant, mains, service and other pipes, meters, fittings, stoves, coal, stores, materials, horses, carts, residuary products, and all matters and things of whntcver description used or required for the manufacture and supply of gas by and horn any gas- works.

Government telegraph line " shall mean an electric line belong- ing to the Crown or the Commissiorrer of Public IYorks;

L' Local authority " means any Municipal Corporation, 01. its

Council, or any District Council now in existence or hereafter

to be created:

Minister" means the Minister administering this, ,4ct or the part of this Act to which the expression relates:

Prescribed " means prescribed by regulation under this Act:

Private purposes," in Part I,, means any purposes whatever to which gas may, for the timc being, be applicable, not being public purposes; and, in Part 11,. means any purposes whatever to which electricity may, for thc time being, be applicable, not being public purposes, except the transmission of any telegram or telephonic message:

Public purposes " means lighting any street or any place belonging to or subject to the control of any local authority, or any church or place of public worship, or any hall or building belonging to or subject to the control of any local authority, or any place of public entertainrncnt within the meaning of the " Places of Public Entertainment Act," or any institute; but shall not include any other purpose to which gas or electricity may be applied:

Rent " means and includes any rent, reward, or payment to be

made to the local authority for the supply of gas or electricity,

or for the fixing or use of tt meter:

Street" includes any square, court, or alley, highway, lane, road, thoroughfare, or public passage or place within the area in which the local authority is authorised to supply gas or electricity by this Act, or any licence, order, or special Act:

Telegram "

The Gas and Electric Lighting Act.-1891.

Telegram " includes any telephonic or other message trans- mitted, or intended for transmission, by a telegraph:

" Works," in Part II., means and includes electric lines, also any buildings, rnachincry, engines, works. matters, or things of whatever description reqlnlred to supply electricity and to carry into effect the objects of local authorities under that pact of this Act.

3, This Act shall be divided into three parts, under the following Division of Aat.

heads : -

PART 1. G a s.

PART 11 .-Elect.ricity .

PART 111,-Miscellaneous.

P A R T I.

G AS.

4, Any local nuthority may frgm time to time purchase, construct, Power to conetruct

and maintain gasworks and apparatus, and do all other acts and things

gaeworks, &c.

which the local authority shall think necessary for supplying with gas the inhabitants within such limits as the Governor may from time to time, by Proclamation in the Government Gazette, allow, and may supply such gas upon such terms as shall be agreed uporl between the local authority and the persons or corporations supplied thcrcwith; and may sell and dispose of the colre and residuu~n arising from the materials used in the manufacture of gas in such manner as the local authority may t,hink proper: Provided that where such limits as aforesaid comprise land within the district of any other local authority, such Proclama- tion shall not be made without the consent under seal of such other

local authority.

5, The powers given to local authorities by this part of this Powersnot to extend to certain local

Act shall not extend to the Municipal (:orporations of the towns of until

proclamation.

Hindmarsh, Kensington and Norwood, St, Peters, Unley, and Prospect, Wdkerville, Mitcharn, Rosewater, and Queenstown and Alberton, until the Governor shall make Proclamation in the Govern- ment (irrzettr! that the local authority concerned has satisfied him that there is not a sufficient supply of gas within its district, at reasonable prices, for public and private purposes.

6, The powers given to local authorities by this part of this Powerenot to extend

Act shall not evtcnd to the Corporation of the City of Adelaide ~	'	~	~	~	i	~
until the Governor shall makc proclamation in the Government proclamation. purchase the gasworks of the South Australian Gas Company, a t Bron~pton and Thebarton, for the purpose of supplying gas in the municipalities of Adelaide, Hind marsh, Kensington and Norwood,
St. Peters, Unley, and Thebarton, and the District Council districts

of

54' & 55" VICTORIA, No. 531.

-L - - -

The Gas and Electric Lightiry Act.-1 891.

Yhm	of Burnside, Prospect, Walkerville, and Mitcham, and in any other municipality or district that may at the dttte of such proclamation
be supplied with gas from the said gasworks at Brompton and
Thebarton, or in such of the same municipalities and districts as is or are not then being supplied with gas for both public and private purposes by its or their own lociil authority or authorities, and that the Corporation is also prepared, on making such purchase, to supply gas for public and private purposes within the same municipalities and districts.

Adelaide Corporation 7. IJpon such proclaniation being macle, the Corporation of the

* ma give South Aus- c~~~~~~ City of Adelaide ma,y serve the South Australian Gas Company, at

notice of intention to its registered office, with notice in writing that such Corporation, purchase,

six months after the service of such notice, and on a day to be named

therein, intends to pnrchase and take over from the Company the gasworks of the Cornpan7 at Brompton and Thebarton, for the pur-'

pose of supplying gas in the municipalities and clistricts mentioned in the Proclamation, and all subsisting contracts relating to the

supply of gas and of coke and ot,ller residuary products from and of

coal and other materials to such gasworks.

On m ~ i c e o f noticet

Corporation to pur- 8. Upon the dity named in such notice? and upon the payment of

chaae. the amount of the purchase-money, to be agreed upon by the Corporation of the City of A delaide and thc South Australian Gas Company, or to be fixed as hereinafter provided, the Corporation shall purchase and take over from the Company, who shall sell and assign to the Corporation, the gasworks comprised in the notice.

Powersnot to extend	Q.	The powers given to local authorities by this part of this Act
t°CorpOl-sfi~n~f

Adelaide until	shall not extend to the Corporation of the Town of Port Adelaide
proclamation.	until the Governor shall make Proclamation in the Gouwnrrtent Gazette that he is satisfied that such Corporation is prcparc3d to purchase the gasworks of thc South Australian Gas Company, at Port Adelaide, Semaphore, and Rosewater, for the purpose
of supplying gas in the municipalities of Port Adelaide and Sema- phore and the District Council districts of Rosewater, Queens-
town and Alberton, and in any other municipality or clistzict that may at the date of such proclamation be supplied with gas from the said gasworks at Port Adelaide, Sernaplrore, and Kosewater, or in such of the same municipalities or districts as is or are not then being sup- plied by gas for both public and private purposes by its or their own local authority or authorities, and that the Corporation is also prepared, on making such purchase, to supply gas for public and private purposes withiu the same municipalities and districts.

Cor~orati~n of Port

Adelaide must give 10. Upon such Proclamation being made, the Corporation of the

south AueWian a m Town of l'ort Adelaide may serve the South Aus tral~an Gas Corn-

intention to purchsse. pration, six months after the service of such notice, and on a day to C o m p ~ z noticeof pany, at its registered office, with notice in writing that such Cor-

be named therein, intends to purchase and take over from the Company the gasworks of the Company at Port Adelaide, Sema-

phore,

?'he Gas nlzd Electric Lighting Act.-1891.

phore, and Xosewater, for the purpose of supplying gas in the -- PUT 1-

municipalities and districts mcntioncd in the Proclarnatior,, and all

subsist<ng contracts rdatiog to the supply of gas and of cbke and

other residuary products from and of coal and other material to

such gasworks.

11. Upon the day named in such notice, and upon yayrrlent of the On service of notice,

mount of the purchase-money, to be agreed upon by the Corporation chase.	Corporation to pur-
of the 'I'own of Port Adelaide ancl the South Australian Gas Company, or to be fixed as hereinafter provided, the Corporation shall purchase and take over from the Company, who shall sell and assign to the Corporation, the gasworks comprised in the notice,

12. Where there shail be any colupany or person who, at the Local euthority to

time of any Proclamation under section t, shall, undcr the authority of an Act of Parliament, be actuallv supplying gas within the area comprised in the limits referred to ir;section 4, or within any portion of such area, the local authority, bcfore supplying gas under this Act, shall purchase from such company or person, who slrall sell to such local authority, the gasworks belonging to and used by such company or person for the purpose of supplying such gas: Provided that this section shall not apply to any of the Municipal Corporations of the towns of I'iindinarsh, Kensington and Norwood, St. Peters, Unley, and Thebarton, nor to any of' the Ilistrict Councils of the districts of Burnside, Prospect, Walkcrville, Mitcharn, Rosewater, and Qneenstown and Albertox~. ~ ~ ~ ~ ~ $ ~ ~ ; 8 a

13. Any purchase under this part of this Act skiall be made at a HOW purchase-money

price equal to the value of the gasworks as a goin5 concern, to- h e d.

gcther with the value of the plant, and other subject-matter of

the purchase; such value to be fixed, in case of difference, by

arbitration, under Part 111. OF this Act.

14, Any local authority making a purchase under the provisions Power to borrow and

of this Act may, with the approval or consent of the ratepayers, to	give mortgage and
be obtained as provided with regard to loans generally in any Act
for the time being in force in that behalf, borrow such moncys as
shall be required for the purpose of such purchase, and may, in addition to or in substitution for the bonds or other securities which
it may be authorised to issue for such loans, give a mortgage or
mortgages with power of sale, or issue mortgage debentures (with or without coupons for interest) over the subj ect-matter of the purchase or any portion thereof.

15, The principal and intcrcst moneys payable under srlcll Debentures may be

debentures may be further secured by a mortgage or mortgages, with secured by mortgage.

power of sale, under '. The Real Property Act, 1886," or otherwise,

to any persons as trustees for the debenture-holders for the time

being. Any such mortgage mtty provide for the payment of a

remuneration to the trustees for the time being.

16. The

54" & 55" VICTORIA3, No. 531.

The Gas and E l e c t r i c Lighting ,4ct.-1891.

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-pp

PART I. 16. The local authority shall do as little damage as may be in the

Local authority. to	execution of the powers by this part of this Act granted, and shall
make compensation.	make compensation for any damage which may be done in or by reason or in consequence of the execution of such powers, the amount and application of' such compensation in case of difference to be determined by arbitration, under the Lands Clauses Consolidation Act.
17. The local authority shall keep accounts in respect of its gas undertaking separate from all its other accounts, distinguishing therein capital from income, and shall apply all money from time to time received by it on account of revenue in the manner and in the order following, and not otherwise, that is to say-
AccOmt

tion by local and authority appliO.-

of gas revenue.

(I.)	I n payment of the cstablishrnent and working expenses and cost of maictenance of its gas undertaking, and the costs
of collection and recovery of gas rents:
( 1 1. )	In payment of the interest on any debentures, or other securities, granted or issued by the local authority in respect of any money borrowed f'or gas purposes after the commencement of this Act:

( 1 1 1.) In providing, to the extent of two per centurn per annurn on the amount borrowed, a sinking fund, to be invested as provided in the nest followiqg sub-section with regard to the -reserve fund, and to be applied with thc intcrest therein in or towards the extinction or discharge of the debt incurred in the purchase, construction, or erection of the said works or undertaking:

(IT.) In providing a reserve fund, if the local authority think fit, by setting aside such money as the Minister shall from time to time think reasonalde,and investing the sameand the resulting incoinc tlicreof in Govcrnmcnt securities of the

or in such other manner as the Minister shall approve, and

thereof, or on mortgage of freehold laird within Australia, United Kingdom of Great Britain and Ireland, or any colony

accumulating the same at compound interest, which fund shall be applicable, from time to time, to answer any deficiency a t any time occurring in the income of the local authority from its gas undertaking, or to meet auy extraordinary claim or demand at any time arising against

the local authority in respect of that undertaking:

And it shall, from time to time, apply t,he net surplus remaining after the fulfilment of the several purposes aforesaid iowards lower- ing the price of the gas supplied by it.

Power to acquire lsnd

and to hold and use 18. The local authority may, for the purposes of this part of this

patent righte. Act, acquire lands by agreement, and may acquire, hold, and use any leave, licence, privilege, or authority to work, use, exercise, or put in practice any invention comprised in any letters patent in

relation

54" & 55" VICTORIW; No. 531.

The Gas crnd Electric L<yhting Act.--1891.

PART I.

relation to the manufacture and distribution of gm, or the utilisa-. tion of residual products arising from the manufacture of gas, or otherwise in relation thereto.

19. The local authority, under such superin tei~dence as is herein- ~ ~ ~ : , ~ ~ ~ ~ ~ P ,

aftcr spc cifirtl in the cases hr~.einnftor provided for, may, for the open drains.

purposes of any gasworks or gas supply, open and break up tbe

soil and pavcmkt of any of the streets and roads within the limits '

aforesaid, and may open and break up any sewers, tlrains, or tunnels

within or under such streets or roads, and lay down and place within

the limits aforemid conduits, service pipes. and other works,

and from time to time repair, alter, or remove the same, and also

make and repair any sewers that may be necessary for carrying off

the ~vashings and waste liquids t h t may arise in the making of gas;

and for the purposes aforesaid may rcmovc and use all earth and

materials in and under such strwts or roads, and may in any

such streets erect any pillars, lamps, and other works, and do all

other acts which thc 11)cal authoritv shall from time to timc deem

necessary for ~upplyiug~gas; and rnjy lay an) pipe, branch, or other

apparatlls from any main or branch p i p s into, through, or against

any buildiug for the purpose of lighting the sarne, and provide and

set up any apparatus necessary for securing, to any building, s

conlplcte supply of gas, and for measuring and ascertaining the

extent of such supplv: Provided that nothing herein shall authorise

or empower the local authority to lay down or ylacc any pipe or

other works into, through, or against any building, or in any laud

not dedicated to public use, without the consent of the owners and

occupiers thereof, rxrept that the local authority may at; any time enter

upon and lay or place any new pipe in the place of an existing pipe

in any land wherein any pipe shall have been lawfully laid down or

placed, and may repair or alter any pipe so laid down.

20. Refox the local authority proceed to open or break up any Notice beforc break-

street, bridge, sewer, drain, or tunnel, it shall give to tllc persons, c,rhiu cases. ing up streets in

other than such local anthority, under whose control or management U

the s i u m may be, or to their je rk, surveyor, or other officer, notice in writing of its 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 tnc pipes 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 servicc pipes to mains which have been previously laid, in which case one clear day's notice shall be sufficient.

21. No such street, bridge, sewer, drain, or tunnel shall, except	Superintendence in
certain cases over

in the case of' emergency aforesaid, be opened or broken up except	breaking up of streete,
under the superintendence of the persons, if any, other than the local	&C.
authority, having the control or management thereof, or of their officer, and according to such plan as shall be approved of by such persons or their officer, or in case of any difference respecting such plan, then according to such plan as shall be determined by two

Justices;

No.

The Gas and Electric Lighting Act.-1891.

Justices; and such Justices may, on the application of the persons having the control or rnanagemcnt of any such scwer or drain, or their officer, require the local authority to make such temporary or otller works as they may dcem necessary for guarding against any interruption of the drainage during the execution of any works which interf(!rc! with any such sewc3r or drain: Provided always that if the persons having such control or management as aforesaid, or heir officer, fail to attend at the time fixcd for the opening of auy such street, bridge, sewer, drain, or tuilnel, after having had such notice of the local authority's intention as aforesaid, or shall not propose any plan for breaking up or op&ing the same, or shall refuse or neglect to superintend thv operation, the local authority may pcrform the work specified in such notice without the superin- tendence of such persons or their officer.

street^^ broken up to

22, When the local authority open or break up the road or pave- ment of any street, or any sewer, drain, or tunnel, they shall, with all possible speed coiuplete the work for which thc 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 shall, as to any place not within ihc district of the local authority, keep the road or pavement which has been so broken up in good rcpnir for three months after re-instating and making good thc samc, and for such further time, if any, not being more thdn twelve months in the whole, as the soil so broken up shall continue to subside.

delay.

be reinstated without

Penalty for breach of 23, If the local authority open or break up any street or bridge,

roviaions as to

Leaking up &et#,	or any sewer, drain, or tunnel, without giving such notice as afore-
&c.	said, or in any manner different from that which shall have been app;oved of br determined as aforesaid, or without making such temporary or other works as aforesaid, when so required (except in the cases in which the local authority is hereby authorised to per- form such works without any superintendence or notice), or if the local authority 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 opcned or broken up, or in carrying away the rubbish occasioned thereby, or if it neglect to cause the place where such road or pavement has been broken up to be fenced, guarded, and lighted, or neglect to keep the road or pavement in repair for the space of three months next after the same is made good, or such further time as aforesaid, it shall forfeit
to the persons, if any, other than such local authority having
the ccmtrol or management of the street, bridge, sewer, drain, or tunnel in respect of which such default is made, a sum not exceeding

Ten

54' & 55' VICTORIA, No. 531,

The Gas and Ebctric Liyhting Act.-- 189 1.

Ten Pounds for every such offence, and it shall forfeit an additional

Paar I.

sum of Five Pounds for each day during which unv such delay as

aforesaid shall contiilue after it slmall have received n'otice thereof.

24, If any such delay or omission as aforesaid take place, the In owe of delayother parties may re-instate

persons having the control or management of the street, bridge, and	expn,,.
sewer, drain, or tunnel in respect of which such delay or omission shall take place, may cause to be execotcd the work go delayed or omitted, and the expense of executing the same shall be repaid to such persons by the local authority, and such expenses may be recovered summarily upon complaint before any two Justices, 02. by action.

25. The local authority may, from time to time, enter into any Power of the local authority 10 contract

contract with any person, or m y other local authority, for 'lightiug for lightrng streets,

or supplying wikh gas any public or privatc! bnilding, or for pro- "C.

viding any person, or any other local authority, with pipes, burners,

meters, or lamps, or other gas fittings ancl things, and for the repair

thereof, and also may from time to time enter into any contract with

any person or local authority having the control of the streets within

the limits aforesaid for lighting such streets or any of them with

gas, and for providing any such person or local authority with lamps,

lampposts, burners, and pipes, anti other gas fittings, and things

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

upon such terms as shall be agreed upon.

26. If any person supplied by the local authority with gas makes Power to cut off sup-

default in payment of any rent due to the local authority, it hall of gas,t.	ply on non-payment
be lawful for the local authority to cut off or stop any pipe by or
through which gas is supplied to him, aild to cease to supply him with gas; and the local authority may recover the rent due fro111 such person, together with the expenses, if any, of cutting off the gas, and costs, in a summary way, upon complaint before any two Justices, or by action.

27. If any persoil supplied with gas by thc local authority wilfully Power to cut off supl~ly in case of

does, or causes, or suffers to bc done, anything in contrttvention of this contravention of this

Act, or wilfully fails to do anything which under this Act ought to Act.

be done by such person, whereby gas escapes from any pipe laid in

anv private road, street, or premises, and bcfore it reaches the meter,

the local authority may cut off or stop any such pipe, and cease to

supply him with gas 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 person so offending, the amount of all loss, damage, or injury which the local authority sustains by such misfeasance or failure, and the remedies under this section shall be in addition to any other remedies in that behalf,

son for supplying gas meters, apparatus, or fittings has expired or supply. 28, Where the contract between the local authority and any per- EIW for cutting off

determined, or where the local authority is authorised to cut oK thc supply-of gas from any premises undcr the provisions of this Act, it

shall

B-631

54" & 55' VICTORIW, No. 531.-

The Gas and Electric Lighting Act.-1891.

PUT S shall be lawful for the local authority, its agents and workmen, on giving twenty-four hours' previous notice to the occupier, 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 remove and carry away any pipe, meter, appa- ratus, or fitting belonging to the local authority: Provided that all damages to property, of whatever description, occasioned by such re- moval shall be made good by and at the expense of the local authority.

Penalty for fmudu- 29, Any person who obtains a supply crf gas from the local

lent1 obtaining

supp y of gas. 9 authority under the name of any other person, shall, unless he proves

that such supply was obtained without any intent to defraud, be

liable to a penalty not exceeding Ten Pounds.

Penalty for laying 30. Every person who shall lay, or causc to be laid, any pipe

pipes without consent,

&C.	belonging to the local authority without their consent, or shall fraudulently injure any meter for ascertaining the quantity of gas consumed or supplied, or who, in case the gas supplied by the local authority is not ascertained by meter, shall use any lamp or burner bther than such as has been pravided or approved of hy the local authority, or of larger dimensions than he has contracted to pay for, or shall keep the lights burning for a longer time than he has con- tracted to pay for, or who shall otherwise improperly use or burn such gas, or shall supply any other person with any part of the gas supplied to him by t,he local authority, shall forfeit to the local authority the sum of Five Pounds for every such offence, and also the sum of Forty Sl~illiugs for every day such pipe shall so remain, or such lamp or burner shall be so used, or such excess be so corn- mitted or continued, or such supply furnished; and the local authority may take off the gas from the house and premises of the person so offending, notwithstanding any contract which may have been previously entered into.
Penalty for removing	31. Every person who shall wilfully remove, destrov, or damage extinguish any of the public lamps or lights, or waste or wilfully and wrongfully use any of the gas supplied by the local authority, shall for each such offence forfeit to the local authority a surn not exceed- ing Five Pounds, in addition to the amount of the damage done.
pipe, &C.
connected with or relating to the supply of gas, or who shall wilfully any pipe, pillar, post, flag. lamp, or other work of the lical authority
Penalty for breaking

pipes, $0. 32, Every person who shall carelessly or accidentally break,

throw down, or damage any pipe, pillar, or lamp belonging to the local authority or under its control, shall forfeit and pay such sum of money by way of satisfaction to the local authority for thc damage done, not exceeding Five Pounds, as two Justices of the Peace shall think reasonable: Provided that this section shall not affect any other remedy.

P?nalty for wilful 33. Any person who wilfully or fraudulently, or by culpable

injury to pipe, &c. negligence, injures, or suffers to be injured, any pipe, meter, or

fittings

54" & 55" VICTORIW, No. 531.

The Gm and Electric Lighting Act.-1891.

fittings belonging to the local authority, or alters the index to any	PART	X.
meter, or prevents any meter from duly registering the quantity of gas supplied, or fraudulently abstracts, consumes, or uses gas of the local aauthority, shall, without prejudice to any other right or remedy for the protection of the local arrthority or the punishment of the offender, [or every such offence forfeit and pny to the local authority
a sum not exceeding Five Pounds, in addition to the amount of
damage.
In any case in which any person has wilfully or fraudulently injured, or sufFered to be injured, any pipe, meter, or fittings belonging to the local authority, or altered the index to any meter,
or prevented any meter from duly registering the quantity of gas
supplied, the local authority may also, until the matter complained of has been remedied, but no louger, discontinue the supply of gas to the person so offending, notwithstanding any contract previously existing.

The existence of artificial means for causing such alteration or

prevention, or for abstracting, consuming, or using gas of thc local authority, 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, has been iraudulcntly, knowingly, and wilfully caused by the consumer using such meter.

34, Nothing in this Act shrill exonerate the local authority from h a 1 authority not

an indictment, action, or other proceeding for nuisance, in the event indictment.	exempted from
of any nuisance being caused by it.

35, The local authority shall supply to each owner or occupier of ~ocalauthority to

premises for which it shall supply gas, a meter for registering aupp1~meter8- such gas: Provided that such owner or occupier shall, if required previous to receiving the same, give to the local authority security for payment to it of the price of such meter if he desires to purchase the same, or of the rent of such meter if he desires to hire the same.

36, No consumer shall connect any meter with any pipe through Meters not to be

which gas is supplieit by the local authority to such meter, or dis- ~ e e ~ ~ ~ h ", ' U t ~ ~ ~

connect any meter from any such pipe, unless he shall have given to the local authority not less than twenty-four hours' notice in writing of his inteution so to do; and if any person acts in contra- vention of this section he shall be liable for each offence to pay a penalty not less than Forty Shillings and not exceeding Ten Pounds.

security to the local authority, such security may be by deposit or security, 37, Where any owner or occupier is required by this Act to give Nature and mount of

otherwise, and of such amount as he and the local authority agree on, or as, in default of agreement, may be determined, on the com- plaint of either party, by two Justices, who may also order by which of the parties the costs of the proceedings before them shall

be

The Gm and Electric Lighting Act. - 189 1.

PAB$	1.	be paid, and the decision of	the Justices shall be final and binding
on all parties.

Power to local	38. The local authority may let any meter for ascertaining the
authority to ler

metere.

quantity of gas consumed or supplied, and any fittings thereto, for such remuneration, and on such terms with respect to the repair of such meter and fittings, and for securing the safety and return thereof to the local authority, as may be agreed upon between the hirer and the local authority, and such remuneration shall be re- coverable in the same manner as rent due to the local authority for gas; and such meters and fittings shall not be subject to disc tress or to the landlord's remedy for rent of premises where the same may be nsed, or to be taken under any process of any Court or order of Justices, or proceedings under any. insolvency law against the person in whose possession the same may be.

Local authority to

keep in repair meters 39. The local authority shall at all times, at its owti expense,

on hire. keep all meters for hire to any consumer in proper order for cor- rectly registering gas; and, in default of the local authority so doing. the consurner shall not be liable to pay rent fbr the same during such time as such default continues. The local authority shall, for the purpose aforesaid, have access t o and be at liberty to re- move, test, inspect, and replace any such meter at all reasonable times.

Register of meter to 40, The register of the meter shall be primtl facie evidence of'

be prim& facie

evidence. the quantity of gas cousumed, and in respect df which any rent is charged and sought to be recovered by the local authority: Pro- vided that if the local ai~tlmity and the consumer differ as to the quantity consumed, such diffcrencc may be determined, upon the complaint of either party, by two Justiccs, who may also order by which of the parties the costs of the proceedings bcfore them shall be paid, and the decision of the Justices shall be final and binding on all parties.

Power to enter

buildings for ascer- 41. Any officer appointed by the local authority may, at all

taining quantities of

reasonable times, enter any building or land lighted with gas sup-

gm consumed.

plicd by the local authority, in order to inspect the meters, fittings, and works for the supply of' gas: and for the purpose of ascertaining the quantity of gas consumed or supplied; and if any pcrson hinders such officer as aforesaid from entering and making such inspcction as aforesaid at any reasonable time, such person shall, for every such offence, forfeit to the local authority a sum not exceeding Five Pounds.

Charge for suppl~	of	42,	The maximum charges for gas supplied by any local authority,
gas in scheduled

distriote.

under the provisions of this Act, shall, as regards the -districts

mentioned in the Schedule hereto, be as set out in such Schedule.

Chargefor aupply of 43. As regards any places not provided for by the last preceding

gas in other plaoes.

section, the maximum price at which gas shall be sold by the local

authority

54" & 55" VICTORIE, No. 531.	18
The Gm and Blectric Iighting Act.--1891.

authority to all persons who shall burn the same by meter shall not	Paar I.
exceed Twenty Shillings per thousand cubic feet, and the local authority shall uot be entitled to charge a highcr rate for gas sup- plied by contract to m y person. The maximum rent on meters supplied by the local authority, whether in the districts mentioned in the Schedule or clscwhere, shall not exceed Twenty-fire Pounds per centurn on the cost price in Adelaide of the meter used.

44. Any local authority supplying gas outside its district shall When e e to be not

charge for gas supplied within its district for public purposes a price less th.0c08t

not less than the cost price. 1

45. When any local authority supplying	outside its district	inside and outside
Reduction in gaa

shall make a reduction in the price charged by it for gas supplied

dietrict to be pm-

for public or private purposes, or both, it shall reduce its price for

portionate.

such gas supplied outside its district proportionately to the reduction

in price for such gas supplied inside its district, and vice aersd.

46, All the gas to be supplied by the local authority shall be of Quality of gm.

such minimum quality as to produce from an argand burner having fifteen holes and a seven-inch chimney, or other approved burner and chimney, and consuming five cubic feet of gas per hour, a light equal in intensity to the light produced by fifteen sperm candles of

six in the pound, burning one hundred and twenty grains per hour.

47, Any local authority supplying gas within the district of any	Local authority
tmpplyin~ gee in dia-

other local authority shall fill up a i d furnish, on or before the	trict of other local
twenty-fifth of March in each year, to such last-mentioned local	authority to furnish
authority, an annual statement of acc'cunts relating to the gas under-	annual accounts.
taking of the first-mentioned local authority, so far as the same concerns such district, made up to the thirty-first day of the last preceding month of December, in the prescribed form. Any local

authority ft~iling to comply with the provisiorls of this section shall

be liable to a penalty not exceeding Two Pounds for every day

during which such failure continues.

48, After the purchase of any gasworks by any local authority, Local authority rmrp -

all and singular the matters and things hereby authorised to	delegate their power8
be done by such local authority in respect to the supply of gas within its district may be by it delegated to be done, under its control and with its sanction, by any person, company, or association for the supply of gas within such district.

PART 11.

ELECTRICITY,

49. Any local authority may, subject to the provisions of this ~ ~ ~ l ~ ~ t h ~ i t y ~ ~ ~

Act, supply electricity for any public or private purposes, or for any	s u ~ ~ ~ e l e c t d c i t ~.
public purposes and any private purposes, within the limits of its district, or within such other limits as the Governor may, from time to time, by Proclamation in the Government Gazette, allow: Pro-

vided

14 54" & 55" VICTORIE, No. 531. -p--

The Gas and Electric Liyhting Act.-1891.

PARTII.

videdthatwheresuchotherlimitscompriselandwithin the district

of any other local authority, such Proclamation shall not be made

without the consent under seal of such other local authority.

Regulations 50. I, The local authority shall be subject to such regulations and conditions as may, from time to time, be prescribed by the Governor by Proclamation in the Government Gazette, with regard to the following matters :-

E$!!: "

( 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 injury, or

from fire, or otherwise:

(d) The limitation of the prices to be charged in respect of the

supply of electricity:

( e ) Authorising inspection and inquiry from time to time by the Governor and any local authority which shall be con- cerned, other than the local authority supplying the electricity:

(f) The enforcement of the due performance of the duties of the local authority in relation to the supply of electricity, by the imposition of penalties or otherwise: and

(g) Generally with regard to any other matters in connection with

the supply of the electricity.

11. Such Proclamation and such regulations and conditions, or any ,of them, may be either general or restricted to some particular local authority or local authorities.

III. The Governor may, by such regulations as aforesaid, impose penalties, not exceeding Fifty Pounds in each cuse, for the breach

of any such regulation.

~ 0 ~ 1 authority may 51. Any local authority within any part of whose district

make by-laws.

electricity is, under Proclamation, authorised to be supplied by any other local authority, 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 the

local authority may think necessary, not exceeding Fifty Pounds for each offence: Provided that no such bylaws shall have any force or effect unless and until they have been confirmed by the Governor, and published in such manner as the Governor may direct.

General pawera of

local authority. 52. Any local authority, subject to and in accordance with the arovisions and restrictions of this Act, and of any rules made by the hovernor in pursuance of this Act, mai, for the p&pose of supplying electricity, acquire such lands by agreement, construct such works,

acquire

54O & 5 5 O VICTORIE, No. 531.

The Gas and Electric Lighting Act.-1891.

, PART 11.

a,cquire such interests in, and licences 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 ancl incidental to such supply.

53. Any local authority may contract with a.ny company or Power for local au- thority to contract in

person for the execution and maintenance of any works needed for certain	and ,,,
am+-

ihe supply of electricity within the limits afhesaid, or any part striction8	ments of powers, &c.
thereof; but no local authority shall by any contract or assignment transfer to any company or person, or divest themselves of any legal poners given to it, or any legal liabilities imposed on it by this part of this Act, without the consent of the Governor.

54. Sections 17 to 34 inclusive, and 36 to 41, inclusive, in Part I. portion Inco~rat ion of part of I.

of this Act shall, so far as the same are applicable, be incorporated and read with this part of this Act; and, for the purposes of such incorporation and reading, the following expressions in such sections shall be construed as follows :-

G' Gas" shall includc electricity:

Pipe" shall include electric line:

"Works" shdl include works as tiefined for this part of

this Act.

All offences, forfeitu res, penalties, and damages under such incor- porated sections, or any of them, may be prosecuted for, and may

be recovered in manner by the said sections respectively or otherwise

by this Act enacted in relation thereto.

55. Nothing in this part of this Act shall authorise or empower Restrictions on break-

any local authority to Srrak op any street which is not repairable ways,and tr8mW0,ys.	ing up of streets, rail-
by such local authority, or any railway or tramway, without thc consent of the authority, cornp&ly, or person by whoin such street,
railway, or tramway is repairable, unless with the written consent	of the Governor; and the Governor shall not in any case give any
such conscnt until notice has been given t o such authority, com- pany, or person, by advertisement or otherwise, as the Governor may direct, and an opportunitv has been given to such authority, company, or person to state any objections they may have thereto.

porated herewith, no local authority shall be authorised to place any above - ground works. 56. Notwithstanding anything in this Act, or in ally Act incor- Restrictions as to

electric line above ground, alolrg, over, or across any street, without the express consent of any other local authority in whose district such street shall be; and the last-mentioned local authority may require any local autho~aity to forthwith remove any electric line placed by i t contrary to the provisions of this section, or may itself remove the same, and recover the expenses of such removal from the other local authority by complaint before any two

or more Justices of the Peace; and where any electric line has

been,

54' & 55' VICTORIW, No. 531.

The Gas and Electric Lighting Act.--] 891.

been placed above ground by any local authority in any position, any two or more Justices of the Pcace, upon complaint made, if they are of opinion that such electric line is or is likely to become dangerous to the public safety, may, notwithstanding any such con- sent as aforesaid, make an order directing and authorising the removal of such electric line by such person, and upon such terms

as they may think fit.

Power to l&

authority and othem	57, I. Subject to the provisions of this Act, and to any rcgula- the position of any pipes or wires being under any street or place authorised to be broken up by it which may interfere with the exercise of its powers under this Act, on previously making or securing such compensation to the owners of such pipes or wires, and on'complying with n~lch conditions as to the mode of making such alterations as may, before the commencement of such altera- tions, be agreed upon between the local authority and such owners, or, in case of difference, as n~ay be determined by arbitration:
to alter poaition of	tions or by-laws made under this Act, the local authority may alter
pipes and wiree.

rr. Any local authority may in like manner alter the position

of any electric lines or works of any other local authority, being

under any such street or place as aforesaid, which may interfere with the lawful exercise of any powers vested in such first- mentioned local authority in relation to such street or place, subject to the like provisions, conditions, and restrictions as are in the first sub-section of this section contained.

For protection of

docks, basins, and 58. If, at any time after thc local authority have placed ally

works under, in, upon, -over, along, or across any canal, any person

.	other worke near
canals. having power to coustruct docks, basins, or other works upon any land adjoining to or near such canal, corist~ucts any dock, basin,

br work on such land, but is prevented by the works of the local

authority from forming a communication for the convenient passage of vessels with or without masts between such dock, basin, or other

work and such canal, or if the business of such dock, basin, or

other work is interfered with by reason or in consequence of any

auch works of the local authority, then the local authority, at the requcst of such person, and on having reasonable facilities afforded it by him for placing works round such dock, basin, or other work, and under, in, upon, over, along, or across land belonging to or under his control, shall rernove and place its work accordingly. If any dispute arises between the local authority and such person as to the facilities to be afforded to the local authority, or as to the direction in which the works are to be placed, it shall be determined by arbitration.

Compensation for 59. I n the exercise of the powers in relation to the execution

damage. of works given i t under this part of this Act, the local authority shall cause as little detriment and inconvenience, and do as little damage, as possible, and shall make full compensation to all bodies and persons interested fbr all damage to person or property sustained by

reason

54" & 5 5 T I C T O R I Z, No. 531.

The Gas and Electric Lighting Act.-1891.

reason or in consequence of the exercise of such powers, the amount	PAR* IT*
and application of such compensation, in case of difference, to be de- termined by arbitration under the Lands Clauses Consolidation Act.

60. The local authority shall not be entitled to prescribe any Localauaoritpnotto prescribe special form

special form of lamp or burner to be used by any company or person, of lamp or bmer, or

or in any way to control or interfere with the manner in which controlmannerof me

of electricity.

electricity supplied by it under this Act is used: Provided that no local authority, company, or person shall be at liberty to use any form of lamp or burner, or to use the electricity supplied to it or hirn for itny purposes or to deal with it in any manner so as to unduly or improperly interfere with the supply of electricity to any other low1 authority, company, or person; and if any rlisl)ut,e or differcncc ariscs bctmecn the local authority supplying electricity and any local authority, company, n r parson entitled to be supplied with electricity under this Act as to the matters aforesaid, such dispute or difference shall be determined by arbitration.

61. Where a supply of electricity is provided in any district for Ob1igat;onson local authority to supply

private purposes, thcn, cxccpt so far as is for the time being electricity.

provided by regulation under section 50 of this Act, every company

or person within that (listrid, shall, on application, be entitled to ct

supply on the same terms on which any other company or person in

such area is entitled under similar circumstances to a corresponding

supply. Any dispute or differcncc arising under this section

between the local authority supplying electricity a d any such

company or person as aforesaid shall be decided by arbitration.

62. The local authority supplying electricity shall not, in making Charges for

any ngreernents for a supply of electricity, show any undue pre- electricity.

ference to my local authority, company, or person, but, save as

aforesaid, they may make such charges for the supply of electricity

as may be agreed upon, not exceeding the limits of price imposed

by or in purslzance of any regulations under this Act.

63. If any local authority, company, or person neglect to pay any Cuttins off ~ U P P ~ Y.

charge for electricity or any other sum due from them to the local authority supplying electricity in respect of the supply of electricity to such local authority, company, or person, the local authority supplying such electricity may cut off such supply, and for that purpose may cut or disconnect any electric line or other work through which electricity may he fiupplied, and may, until such charge or other sum, together with any expenses incurred by it in cutting off such supply of electricity as aforesaid is fully paid, but no longer, discon- tinue the supply of electricity to such local authority, company, or person.

84. Any person who unlawfully and maliciously cuts or injures Injuriog work5 with intent to cut off

any electric line or work, with intent to cut off any supply of elec- ,,,ly	~f,l,ti~it,
tricity, shall be guilty of felony, and be liable to be imprisoned with or without hard labor for any term not exceeding three years;

C-6 3 1 but

54" & 55" VICTOKIAZ, No. 531.

The Gas and Electric Lighting Act.-1891.

PART 11. but nothing in this section shall exempt a person from any proceed- ing 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.

Stealing eleutricit y. 65,

Any person who nlaliciously or fraudulently abstracts, causes

to be wasted or diverted, consuuies, or uses any electricity, shall be

guilty of simple larceny, and punishable accordingly.

to enter land $6. Any officer appointed by the local authority supplying

or premiwa for ascer-

taining quantities of electricity nlay at all reasonable times enter any premises to which

e'ect'c"~COnsumed~

or to remove fittings, electricity is or has been supplied by such local authority, in

&C. . order to inspect the electric lines, mctcrs, accumulators, fittings,

works, and apparatus for the supply of electricity belonging to the said local authority, and for the purpose of ascertaining thc quantity of electricity consurrled or supplied, or where a supply of electricity is no longer required, or where the loci11 authority 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, works, or apprt~atus belonging to the local authority, repairing all damage caused by such ent,ry, inspection, or rernoval.

Electric lines, &C.,

not to be subject to	87, Where any electric lines, meters, accumulators, fittings, in or upon any premises not being in the poswssion of the local authority, for the purpose of supplying electricity under this Act, such electric lines, meters, accumulators, fittings, works, or apparatus shall not be subject to distress or to the land- lord's remedy for rent of the premises where the same may be, nor to be taken in execution or distress under any process of any court or justices, or any proceedings in insolvency against the person in whose possession the same may be, or to be taken by the trustee of' m y assignment executed b y such person.
dialreea in c c d a k	works, OX apparatus belonging to the local tiuthority are plac~d
oa~es.

Provision for 68,

1. No alteration in any Government tclcgraph line shall be made by the local authority except by the express written sanction of the Minister controlling the Telegraph Department, and subject to the conditions imposed by him.

protection of Govern-

ment telegraph lines.

11. The local authority shall not, in the exercise of the powers conferred by this Act, lay down any electric h e, or do any other work for the supply of electricity whereby any Government tele- graph line is or may be injuriously affected; and before any such electric line is laid down, or work is done within ten yards of any part of a Government telegraph line (other than repairs or the laying of connections with mailis where thc direction of the electric lines so laid down crosses the Government line at right angles at the point of shortest distance, and continues the same for a distance of six feet on each side of such point), the local authority or its agents, not more than twenty-eight nor less than seven clcar days before commencing such work, shall give written notice to the Minister controllin g the 'l'elegraph Department, specifying the

course

54" & 55" VICTOKIE, No. 531. 19

- . - p -. .. --

The Gas and Electric Lighting Act.-1891.

course and nature of the work, including the gauge of any electric -	P*m
lines, and the local authority and its agents s l d l conform with such reasonable reqliirernents, either general or special, as n ~ a y from time to time be made by the Minister controlling the Telegraph Deyart- ment for the purpose of preventing any Government telegraph line from being injuriously affected by thc k i d work.
11 I. Any dificrcncc which arises between the Minister controlling the Telegraph Ilepartnlent and the local authority, or its agents, with respect to any requirements so made, shall bc determined by arbitration.

In the event of any contravention of, or wilful non-compliance with, this section by the local authority or its agents, the local aathority shall be liable to a fine not exceeding Ten Founds for every day during which such contraventioll or non-compliance con- tinues, or, if the tclegraphic communication is wilfully interrupted, not exceeding Fifty Pounds for every day on which such interrup- tion continues.

IV.

v. Kothing in this section shall subject the local authority to a fine if i t satisfy the Court having cognizance of the case that the immediate execution of the work was required to avoid an accident, or otherwise was a work of emergency, and that it forthwith served on the person in charge of the Government telegraph ofice nearest to the place where the? work was done, or left for him at such Government telegraph office, a notice of the execution thereof, stating the reason for executing the same without previous notice.

vr. For the purposes of this section a Government telegrltph line shall Fe deemed to be injuriously affected by a work if telegraphic communication by means of such line is, whether through induct,ion or otherwise, in any manner affectcd by such work, or by any use made of such work.

make

vzr. The Minister controlling the Telegraph Department may Miniator contract with local

make any contract or arrmqement he may think proper with any authority.

local authority for the use by him of its works or electric lines.

69, Where clectrici ty is supplied within any such limits as Power for Miniater to relievo garr

aforesaid, and a supply of gas by any gas undertakers is also from

au thoriseii within such limits, or any part thereof, by m y Act under obligation to supply	gas in certain oasea
the provisions of which such gas undertakers are under any general or limited obligation to supplv gas upon demand, the Mmister may, upon the application oC such gas undertakers, inquire into the circumstances of the case, and, if hc is satisfied that any specified part of the area cornprised 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 undertakers, and that it is just that such gas undertakers should be relieved from the obligation to supply gas upon demand, as aforesaid, the Minister may, in his discretion, make an order relieving the gas undertakers from such obligation within such specified part of such area, either wholly or in part, and upon

such

54' & 5 5 O VICTORIW, No. 531.

The Gas and Electric -Lighting Act. - 1 89 1.

PART 1.t- such terms and conditions as he inay think proper, and from and after thc date of such order, such gas undertakers shall be so relieved accordingly. All expenses of the Ministcr in connection with any such inquiry or order shall be borne and paid by the gas under- takers upon whose application the inquiry or order was made.

Annual report by

Minister.	70, Xot later than the first day of July in each year the Minister shall lay before both Houses of Parliament a report respecting the proceedings of the Governor under this part of this Act during the year then last past.
For the protection of	71. Nothing in this Act shall limit or interfere with the rights of any owner, lessee, or occupier of any mines or minerals, lying under or adjacent to any road along or across which any electric line shall be laid, to work such mine and minerals.
mines.
Provi~ionastogenerd
Acts.	72. Nothing in this Act. shall exempt any local authority or its undertaking 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.
Saving clause as to	73. Nothing in this Act shall authorise or enable any local authority, company, or person, to transmit any telegram, or to per- form any of' the incidental services of receiving, collecting, or deliveriug telegrams, or give to any local authority, company, or person, any power, authority, or facility of any kind whatever in connection with the transnlission of telegrams, or the performance of any of the incidental scrvices of receiving, coll~cting, or delivering telegrams.
telegrams.

PART 111. PART 111.

Appointmentof arbi-

trators when qnestions	74. When any dispute or difference authorised by this Act to shall concur in the appointment of a single arbitrator, each party, on the request of the other party, shall nominate and appoint an arbitrator, to whom such dispute or difference shall be referred.
are to be determined	be settled by arbitration shall have arisen, then, unless both parties
by arbitration.
Arbitrator, how
appointed.	75. Every appointment of an arbitrator shall be made under the hand of the appointer, or, if the appointer be a corporation 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 thc dcath of either party operate as a revocation.

of one party to	~rooeeding~onfailure 76. If forthespaccof fourteendays after any such dispute or
.ppobtar~itrator, difference shall have arisen, and after a request in writing, in which

shall be stated the matters required to be referred to arbitration,

shn ll

54O & 55" VICTORIE, No. 531.

The Gas and Electric Lighting Act.--1891.

PART 111.

shall have been served bp the one party on the other party to appoint an arbitrator, such last-mentioned party fail to appoint such arbitrator, then upon snch failure the party making the request, and having himself appointed an arbitrator, Inay appoint such arbitrator to act on behalf of both parties; and such arbitrator may proceed to hear and determine the matters which shall be in dis- pute. I n such case the award or determination of such single arbitrator shall be final.

77. If, before the matter so referred shall be determined, any Vacancy of arbitrator to be supplied.

arbitrator appointed by either yarty die or become incapable of acting, the party by whom such mbitrator was appointed may nominate and appoint; in writing, some other person to act in his placc; and if, for the space of fourteen days aftcr notice in writing from the other party for that purpose, he fail to do so, the remaining or other arbitrator may proceed ex partc. Every arbitrator so to be

substituted as aforesaid shall have the same powers and authorities as

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

incapacity as aforesaid.

pointed, the arbitrators shall, before they enter upon the matters umpire. 78. IVhere more than one arbitrator shall have been ap- Appointmentof

referred to them, nominate and appoint, by writing under their hands, an umpire, to decide on any such matters on which they sEdl differ, or which shall be referred to t,heln under this Act. If such umpire shall die, or lrecomc incapable of acting, the arbitrators shall forthwith, aft er such death or incapacity, appoint anothcr umpire in his place. 'l he decision of cvcry such umpire on the matters so rcfcrred to him shall be final.

79. If, in either of the cases aforesaid, the arbitrators shall (;tovernprempowered to appcmt an umpire

refuse, or shall, for fourteen days after reqlirst of either party to such ., ,,,leh he

arbitration, neglcct to appoint an umpire, the Governor shall. on arbitrators.

thc application of either party to such arbitration, appoint an

urnpire 'The dwision of such umpire on the matters on whicn the

arbitrators shall differ, or which shall be referred to him under t,his

Act, shall be final.

80, If, where n single arbitrator shall have been appointed, In case of death of

mch arbitrator shall dic or hecamc incapable of acting before he single arbitrator the

shall have made his award. the matters referred to him shall be ~	~	0	.
determined by arbitration undcr the provisions of this Act in the same manner as if such arbitrator had not been appointed.

81. If, where more than one arbitrator shall have been appointed, If either arbitrator refuse to act, the

I

either of the arbitrators refuse or for fourteen days neglect to act, the other to prwwd

other arbitrator may proceed ex par.te, and the decision of such other ex partea

arbitrator shitll be effectual as if he had been the single arbitrator

appointed by both parties.

i 82, If, where more than one arbitrator shall have been ap- If arbit~=atomfdto make their award

pointed, and where neither of them shall refuse or neglect to act withintwemty-one

as

54" & 55' VICTORIW, No. 531.

The Gas and Electric Lighting Act.-1891.

-- as aforesaid, such arbitrator^ shall hi1 to make their award within

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

to call for books, &c. 83. The said arbitrators, or their umpire, may call for the

production of any documents in the possession or power of either party which he or they may deem necessary for determining thc question 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.

Arbitrator and um-

pire to make €14. Before any arbitrator or umpire shall enter into the con-

declaration.

sideration of any matter referred to him, he sl~all, in the presence of a Justice of the Peace, make and subscribe the following declara- tion, that is to say :-- I, X. W.,do solemnly and sincerely declare that I will fa i t l~f l ly and honestly, and to the best of my skill and ability, hear and determine the matters referred to me under the provisions of The Gas and Electric Lighting Act, 1891 .'. -A. 13." Such declaration shall bc anncxed to thc award when made; and if any arbitrator or umpire having made such declal.ation shall wilfully act contrary thereto he shall be guilty of a rnishemeanor.

Costs to be in the

discretion of the 85. Except where by this Act it shall be otherwise provided,

arbitrators.

the costs of and attending every such arbitration to be determined

by the arbitrators shall be in the discretion of the arbitrators.

Submission to

arbitration may be 86. The submission to any such arbitration may be made a

made a rule of court.

rule of the Supreme or other superior Court of this province on

the application of either of the parties.

The awaxd not to be

set aside for matter of 87. No award made with respect to any question referred to

fom.	arbitration under the provisions of this Act shall be set aside	for
irregularity, or error in matter of form.
Power to refer back

award. 88, I n the event of either of the parties, their esecut,ors or

administrators, being dissatisfied with the award, or disputing its validity, and moving the Court to set the same or any part; thereof aside, or on any motion bcing madc respecting the said award, thc Court, whether the award be insufficient in law or not, shall have power, if' i t shall think fit, to remit the award, or the matters referred, or any of them, from time to time, to the reconsideration and determination of the arbitrator, or arbitrators, or umpire.

Sections 74 to 88 not

to apply in certain 89, The last preceding fifteen sections shall not apply to differ-

cases. ences arising under section 16 or.section 59 of this Act.

Incorporation of 90, The Lar,ds Clauses Consolidation Acts, to wit, Act No. 6 of

certain rovisione of

~ a n d e con- 1847, Act No. 2ti of 1855-6, and Act No. 2G2 of 1881, except, the

8olidation A c h enactments

54" & 55' VICTORIW, No. 531.

*

T4e Gas and Electric Lighting Act.--1891.

- .- -- -- -

enactments with respect to the purchase and taking of lands other-	PART	111.
wise than by agreement, and except the enactments with respect to the entry upon lands by the promoters of the uiidertaking, are incorporated with this Act. For the purposes of this Act, i n the

construction of thc Lands Clniises Consolidation Acts the special

Act " means this Act, and the " promoters " or undertakers " and the '' undertaking," as the case may be, mean the local authority and its undertaking respectively under tllis Act, as the case may require.

91. Nothing in this Act shall ditninish or affect the power of This Art not to diminish pover con-

taking land conferred upon District Conncils by the District Councils f	,n	,	District
Act, 1887, or that may be conferred upon Municipal Corporations i	-	;$	i	,"	:o	!	gy	;	;	;	;

take land.

by any Act, or diminish the effect of the incomoration of the Lands with any Act relating to Municipal Corporations, and any works or undertakings authorised by, under, or in pursuance of this Act, or any such licence. order, or sprcial Act i l s aforesaid shall, for the pur- poses of the District Councils Act, 1887, be cie~mcd to be works and undertakings thcrcby authorised; and a special or separate rate may be cieclarccl by any Uistrict Council urider the last mentioned Act for any such works or undertakings, and the District Council shall have power to borrow on the security of any such special or separate rate in the manner provided by Part xrr. of the said last- mentioned Act.

92, Whenever it shall be necessary, on the hearing of any in- Service of notioes may be proved by

formation or complaint under this Act, to prove the service of any aEdavit.

notice, an affidavit of the service of such noticc, sworn before a Justice

of the Peace or Commissioner for taking Affidavits in the Supreme

Court, shall be sufficient proof' of such service.

93, All fines and penalties for any offence against this Act, or Fines and penalties

for breach of any bylaw or regulation thereunder, may be recovered may	before	be	two	recovered	Justices.
before any two or wore Justicus of the Peace in a summary way,

on an information at the instance of any person or persons whatever. 94. All proceedings before Justices may be conducted as ap- Proceedings before

pointed by, and shall he regulated under, the Ordinance No. 6 of ~, " ~ ~ ~ ~ & ~ & ~ -	1850, intituled "An Ordinance to facilitate the rmforrnance of the NO. 6 of 1860.
duties of Justices of the Peace out of sessions, with respect to Summary Convictions and Orders," The Justices Procedure Amendment Act, 1883-4," and any other Act that may be law in
that behalf.

95. In every case of the adjudication of a fine or. pecuniary On non-payment of penalties, &C., Justice

penalty or amends under this Act or any regulation or by-law there-	imP,n.
under., and of the non-payment of such fine or pecuniary penalty or amends, any Justice of the Peace may commit the offender or person making default in payment to any gaol in the said province fbr any time not exceeding three calendar months, the imprisonment to cease

on

54' & 55' VICTORIA?, No. 531

The Gas and Electric LQhting Act. -1891.

PAET 111. on payment of the sum due and of the costs of such proceedings as may have been takcn for the recovery thereof; but this section shall not affect any remedy under the said Ordinance, No. 6 of 1850, "Or under any other Act for the recovery of any fil~c or any pecuniary penalty or amends.

A peal toLocal Court 96, There shall be an appeal from any order of Justices of the

of~delaide.

Peace made under the provisions hereinbefore contained, or from any conviction by Justices for any offence against this Act, or for breach of' any regulation or by-law thereunder, or from any ordcr dismissing an illformation or complaint under this Act, which appcal shall be to the Local Court of Adelaide of Full Jusisdiction, and the proceedings in such appeal shall be coi~ducted in manner appointed by the said Ordinance, No. 6 of 1850, and Act No. 298 of 1883-4, for appeals to Local Courts, but the Local Court of Adelaide afore- sa.id may make such order as to payment of costs of appcal as the Court shall think fit, although such costs may exceed l'cn Pounds. Nothing in this Act contained shall affect any of the provisions of Act No. 298 pf 1883-4.

Local court may, on

97, I t shall be lawful for the Local C'ourt of Adelaide, upon one or more special case or cases for the opinion of the Supreme Court, and the Supreme Court shall hear and decide such special case or cases, according to the practice of the Supreme Court on special cases; and the Supreme Court shall make such order as to the costs of any such special case as to the said Court shall appear just; and any one or more Justices or the Local Court of Adela'ide shall make an order in respect of the matters referred to the Supreme Court in confbrmity with the certificate of the said Supreme Court, or of any Judge thereof', which order of the J.ustice, or Justices, or Local Court shall be enforced in manner provided by this Act for the enforcement of orders of Justices of the Peace, and save its herein, or by Act No. 298 of 1883-4, or any other Act in that

appeal, state case for	Supram@ the hearing of any appeal under the last preceding section, to state
court.

behalf provided, no order or proceeding of Justices or of any Local Court, made under the authority of this Act, shall be appealed	against or removed by certiormi or otherwise into the Supreme
Court of the said province.

Summons or warrant 98, Any summons or warrant issued for any of the purposes of

map contain several

names or sums.

this Act may contain, in the body thereof or in a schedule thereto,

several names and several sums.

Notices, how 99, Every notice which any local authority is, by this Act,

delivered.	required to serve upon any person, shall be served by being delivered to the person for whom it is intcncled, or by being
left at his usual or last known place of abode, or sent bp post
addressed to such person, or if such person or his address be not known to the local authority, and cannot af'tcr due inquiry be found or ascertained, then by being affixed for three days to some con- spicuous part of the premises to which such notice relates,

100. No

54' & 55" VICTORIW, No. 531.

The Gas and Electric Lighting Act.-1891.

7

PART 111.

100, No Justice or Special Magistrate shall be disqualified from

acting in the execution of this Act by reason of his being liable to Justioea or special	Magistrates not die-
the payment of any pas rent or other charge under this Act.	qualified from aoting.

101, The Governor may from time to time make, alter, and Regulatiow.

revoke regulations for all or any of the following purposes, that is

to say:-

(a) Prescribing the forms of debentures and coupons, and of

mortgages for further sccuring the same:

( b ) Fixing the remuneration of the trustees of any such

mortgages:

(c) Prescribing the forms of annual accounts to be furnished by

local authorities:

( d ) Providing for sufficient audits of, and checks upon, the gas

accounts kept or furnished by any local authority:

( e ) For carrying out the objects and purposes of this Act, and

to meet any particular case that may arise:

(J) Imposing a penalty, not exceeding Fifty Pounds, for a breach

of any regulation.

I n the construction of' this section, general words shall not be con- trolled or limited by particular words.

102, Such regulations shall be published in the Governme~~t Publication and

Gazette, and shall afterwards be judicially noticed and have the force	OfresU-
of law; and a copy of the Govemme~zt Gazette purporting to contain
a copy of any such regulations shall be conclusive evidence thereof.
All such regulations shall be laid before both Ilouses of Yarliament within fourteen days after the makine thereof, if Parliament be then sitting, and if Parliament be not sitting, then within fburteen days

after the commencement of the next sitting of Parliament.

In the name and on behalf of Her Majesty, I hereby assent to

this Bill,

K I N TORE,	Governor.
SCHEDULE

54° 81 55' VICTOKIK, No. 531.

me Gas and Electric Lighting Act.--1891. -

SCHEDULE.

Maximum Charge for Gas per Thousand

Cubic Feet.

District.

fas used for Stoves and Engines.

Municipality of Adelaide ...... f .. .. .. .. ..

Municipalities of Hindmarsh, Kensington and

Norwood, St. Peters, Unley, and Thebarton

District Council districts of Burnside, Prospect,

Walkerville, and Mitcham .. .. .. .. .. ..

Municipalities of Port Adelaide, Semaphore,

and Glenelg ........................

District Council district of Queenstown and

Alberton .. .. .. .. .. .. .. .. .. .. .. .. ..

-

In any Case.

Municipality of Gawlei*	..................	11s. 6d.
Municipality of Kapunda.	.................	12s. 6d.
Municipality of Strathalbyn	................	159. Od.

a

-- -" -

Adelaide: By authority, C. E. BRISTOW, Government Printer, North-terrace.