Katoomba Lighting Act of 1890 (NSW)
An Act to enable Edward Neave and John Ewan Palmer to construct Gas-works and Electric-works, or either of them, within the Town and District of Katoomba. [20th December, 1890.]
W H E R E A S it is expedient t h a t the Town and Dis t r ic t of Ka toomba , in the Colony of N e w South Wales , should be supplied a n d
l ighted wi th gas and electr ici ty, or wi th ei ther of t hem. A n d whereas E d w a r d Neave and J o h n E w a n Pa lmer , here in designated t he Promoters , desire to establish, car ry out , and ma in t a in works for t he purpose of supp ly ing and l igh t ing t he said town and dis t r ic t w i th gas a n d
electricity, or e i ther of t h e m , and for o ther purposes incidental the re to . Be i t therefore enacted by t h e Queen ' s Mos t Exce l l en t Majesty, by and wi th t he advice and consent of the Legis la t ive Council and Legislat ive Assembly of N e w South W a l e s in P a r l i a m e n t assembled, and by t h e au thor i tv of t h e same, as follows :—
1. I n t he cons t ruc t ion of th is A c t t h e f o l l o w i n g words shall
have t h e mean ings assigned to t h e m respectively, unless inconsis tent wi th t h e context , t h a t is t o say—
" P r o m o t e r s " — T h e said Edward Neave and J o h n E w a n P a l m e r
a n d the i r respective executors , adminis t ra tors , and assigns,
owners for t he t ime being of t h e K a t o o m b a gas-works and electr ic-works, or e i ther of t h e m .
" C o u n c i l " — T h e Munic ipa l Counci l of t h e Munic ipa l Distr ict of Ka toomba .
" P e r s o n " — A n y body whe the r corporate or individual .
" Super in tenden t of Te leg raphs"—The person appointed unde r t he A c t twen ty Victoria n u m b e r for ty-one, to super intend t h e
electric te legraphs of N e w South Wales .
" Town and Dis t r ic t of Katoomba-"—-All places which are inc luded wi th in a radius of five miles from the ra i lway stat ion of Katoomba. Provided tha t i t shall be lawful for t he Governor, by p roc lamat ion in t h e Gazette, to order t h a t t h e mean ing of t he expression last aforesaid m a y for t he purposes of this A c t be ex tended to include any such other place or places as in such proclamat ion may be named and defined.
P A R T
" S t r e e t " — A n y street , square , court, alley, h ighway, lane, footpath, road, thoroughfare , or other publ ic place in t he Town and
Dis t r ic t of Katoomba.
" E l e c t r i c i t y " — E l e c t r i c i t y , electric cur ren t , or any like agency.
" Elect r ic L i n e " — A wire or wires, conductor , or o ther means used for t he purpose of conveying, t r ansmi t t ing , or d i s t r ibu t ing electricity, wi th any casing, coat ing, covering, tube , pipe, or insu la tor enclosing, su r round ing or suppor t ing the same or any pa r t thereof, or any appa ra tus connected the rewi th for the purpose of conveying, t r ansmi t t i ng , or d i s t r ibu t ing electricity
or electric cur ren t .
" W o r k s " — A n y bui ldings , machinery , engines, works, ma t t e r s , or th ings of wha tever descript ion required to generate , m a k e , or supply gas or electrici ty, and to carry into effect t he object
of t he said P romote r s u n d e r this Act .
P A R T I .
Provisions respecting the Supply of Gas.
2. The said Promoters are hereby authorized and empowered by
| themselves, | their | servants, | contractors, | agents, | and | workmen, | from | time |
to t ime to m a k e , erect, sink, lay, place, fit, ma in ta in , and repair such retorts , gasometers , gas meters , receivers, cisterns, engines, machines , cuts , dra ins , sewers, water-courses, pipes, reservoirs, bui ld ings , and works and devices of such construct ion and in such m a n n e r as t he said Promoters shal l t h i n k fit, necessary, or proper for t h e purpose of car ry ing ou t the operat ions of t he said Promote rs in respect of and incidental to t he m a k i n g and supp ly ing of gas in conformity wi th this Act . A n d for al l such purposes to open and b reak u p the soil and pave m e n t of the streets and bridges wi th in t h e l imits of t he t o w n and distr ict aforesaid, and to open and break up any sewers, drains, or tunne l s wi th in or unde r such streets and bridges, and to erect posts, pil lars, lamps, lamp-irons, and o ther appara tus in and upon the said s treets and bridges, or against any wall or walls erected on or adjoining any of them, and to dig a n d sink t renches and drains, and to lay gas-mains and gas- pipes, and to pu t stop-cocks, syphons, p lugs , or branches from such gas- mains and gas-pipes in, unde r across or along such streets and bridges. A n d also, wi th such consent as is here in provided, to do t he l ike in, under , across, or a long any pr iva te roads, ways, lanes, passages, build ings, and places, and from t ime to t ime to cut , stop, remove, al ter , repair , replace, and relay such gas-mains , gas-pipes, s top-cocks, syphons, p lugs , b ranches , or other appara tus . Provided tha t t he said Promote rs shal l , unless in case of accident , give forty-eight hours notice in wr i t ing to the Counci l Clerk of t he said Munic ipa l i ty of K a t o o m b a prior to t he opening or b reak ing up as aforesaid any street , road, pavement , br idge , sewer, drain, or t unne l wi th in the said town and d i s t r i c t ; and in cases of accident or o ther emergency , so soon as is possible after t he beg inn ing of the work or t he necessity for the same has arisen ; or in t h e case of opening or b reak ing u p any street , road, pavement , sewer, drain, or t u n n e l outside of the said Munic ipa l i ty , such not ice shall be given to
| t h e officer of t h e Roads D e p a r t m e n t or | other officer in charge of such |
street , road, pavement , sewer, drain, or t unne l . A n d provided t h a t if in car ry ing out any of t he operations of t he said Promoters , i t shall be deemed necessary by the said Promoters to enter upon , under , across, or a long any ra i lway or t r amway , whe ther public or pr ivate , it shal l be sufficient for t he said Promoters to obtain t h e consent of t he Minis ter of W o r k s for t he t ime being of the Colony of N e w South Wales , or of
| t he | owner of any | pr iva te ra i lway or | t r amway , | a n y t h i n g | hereinbefore |
| contained | to t he con t ra ry | no twi ths t and ing . |
3. I t shall be lawful for the said Promoters to con t rac t wi th any person for supply ing with gas a n y such person, or any streets , ways , lanes, passages, manufactor ies , shops, warehouses , publ ic or private houses, bui ldings, and places, and for such purpose from t ime to t ime to lay down, carry, lit u p , connect , and furnish any gas-pipes, b ranch , burner , l amps , gas-meter , or o ther appara tus from or in connect ion wi th a n y m a i n gas-pipe, or to lay down any new gas-main or gas-pipe which for such purposes may be required, and to let any such appa ra tus for hire for such s u m as may bo agreed upon , which sum may be recovered in l ike m a n n e r as any r en t or r emunera t ion for t he supply of gas is
| recoverable | u n d e r | th i s | Ac t . |
4. The price for t h e gas shall a t no t ime exceed t en shill ings per thousand cubic feet, and the gas supplied shall he absolutely free from su lphure t ted hydrogen, and shall be of such m i n i m u m qual i ty as to produce from an Argand bu rne r hav ing fifteen holes and a seven-inch
ch imney
ch imney consuming five cubic feet of gas per hour , a l igh t equal in in tens i ty to the l igh t p roduced by fifteen sperm candles of six in t he
pound , b u r n i n g one h u n d r e d and t w e n t y grains per hour .
5. The said P romote r s shall w i th in twelve calendar mon ths
after receiving not ice from t h e said Council , p u t u p a t some tes t ing place to be provided b y the said Counci l w i th in t h e said district , suit able appa ra tus for t h e purposes fol lowing—
(I) For tes t ing t h e i l l umina t ing power of the gas suppl ied. ( I I ) For
t es t ing t h e presence of su lphure t t ed hydrogen in t h e gas supplied. The said appara tus shall be in accordance wi th t he Schedule he reun to annexed , and shall a t all t imes be kep t and main ta ined in good repair and work ing order by t he said Promoters .
6. The said Counci l m a y from t ime to t ime appoin t a competent and impar t ia l person to be gas examiner , to test t he gas a t t h e tes t ing place, who shal l test t he i l l umina t ing power and p u r i t y of t h e gas supplied on any or every day, and the said P romote r s m a y be represented a t t h e tes t ing if they shall t h i n k fit, b u t shall no t be ent i t led ei ther by
themselves or the i r representa t ives to interfere in t he tes t ing . 7. The gas examiner shall on t he day immedia te ly following t h a t on which the tes t ing was m a d e by h im, deliver to t he said Council a repor t of such tes t ing, and shall deliver a copy thereof to t h e said Promote r s , a n d such repor t shall be receivable in evidence.
8. A n y gas examiner appointed by the said Council , shall be
paid a salary no t exceeding one hundred pounds per a n n u m , which shallbe paid, one moie ty by t h e said Council and t h e o ther moie ty by the
said Promoters .
9. No gas-meter shall be used for ascer ta in ing the q u a n t i t y of
gas sold by the said P romote r s unless t h e same shall have i ts m e a s u r i n g capaci ty a t one revolut ion or comple te act ion of t he me te r and also t he quan t i ty per hou r i t is in tended to measure in cubic feet, or mul t ip les , or decimal par t s of a cubic foot, denominated or m a r k e d on the outside thereof in legible le t ters or figures, and shall have been tested and s t amped as correct by t h e Eng l i sh W a r d e n of Standards , or by the inspector of meters appointed from t ime to t ime b y the said Counci l or o ther t h e person or persons, who m a y hereaf ter be appointed by a n y
A c t or Ac t s of t he P a r l i a m e n t of N e w Sou th Wales , or in pur suance thereof in t h a t behalf to tes t a n d s tamp gas meters .
10. No gas meter which shall have been fixed by the said
P romote r s for use before t he expira t ion of one year of the t ime w h e n this Ac t comes into operat ion shall be allowed to remain in use after t he expi ra t ion of five years from t h a t t ime, unless i t shall have been tes ted and s tamped as by th is A c t directed, and no mete r once tested and s tamped unde r the provisions of th is Ac t shal l be allowed to r ema in in use for more t h a n five years from t h e t ime w h e n it shall have been last so s tamped, unless and un t i l it shall have been re-tested and re -s tamped in m a n n e r aforesaid, and whenever t he said Promoters shall knowing ly al low any gas me te r to be used in cont ravent ion of th i s section, they shall be liable to a pena l ty not exceeding forty shill ings for every such offence.
1 1 . After t he expira t ion of one year from the t ime when this
Ac t comes into operat ion, t he legal s tandard or un i t of measure for t he sale of t he said P romote r s ' gas by me te r shall be the cubic foot conta in ing s ix ty- two and th ree hundred and twenty-one t h o u s a n d t h s (62 - 321) pounds avoirdupois weight of distilled or rain water , weighed in air a t the t empe ra tu r e of s ixty- two degrees F a h r e n h e i t ' s ther momete r , the baromete r being at th i r ty inches.
12. A l l gas supplied by t h e said P romote r s shall , except in case
| of accident , be supplied at such pressure as to ba lance from | m i d n i g h t |
to sunse t a co lumn of wa te r no t less t h a n s ix- ten ths of a n inch in he ight , a n d to balance f rom sunset to midn igh t a co lumn of water no t less t h a n one inch in he ight .
PART II.
Provisions respecting the supply of Electricity.
13 . The said P romote r s are hereby authorized and empowered by themselves , the i r servants , contractors , agents , and w o r k m e n from t i m e to t ime to m a k e a n d erect such electric works , a n d to sink, lay, place, fit, ma in ta in , and repair such electric lines, accumula to rs , s torage bat ter ies , electric cables, mains , insula ted wires , pipes, switches, connect ion branches , electric meters , dynamos, engines , machines , cu ts , drains, water-courses, pipes, bui ld ings , and o ther devices. A n d to erect and place any electric l ine, cable, main , insula ted wire, or o ther electric appara tus above g round , a long, over, or across a n y street in t he said Town and Dis t r ic t of Katoomba, a n d to erect poles for t h e purpose of p lac ing t h e same in such m a n n e r as t h e said Promote rs shall t h i n k fit, necessary, or proper for t he purpose of car ry ing ou t t he operat ions of the said Promoters in respect of and incidenta l to t he m a k i n g , genera t ing , and supply ing of electricity in conformity wi th th i s Act . A n d also for al l such purposes to open and b reak u p the soil and pavemen t of t h e s treets and bridges wi th in t h e l imits of the town and distr ict aforesaid, and to open and b reak u p a n y sewers, dra ins , or t unne l s wi th in or u n d e r such streets and bridges, and to erect posts, poles, pil lars, lamps, globes, or other appara tus in or upon the said s treets and bridges, or against any wall or walls erected on the same or adjoining there to , and to dig a n d s ink t renches and drains , and to lay electric lines, cables, and mains , and to p u t electric lines, wires, switches, and connect ion branches from such electr ic lines, cables, and mains in, under , across, or a long such streets and bridges, and also wi th such consent as is here in ment ioned to do the same in, t inder, across, or a long any pr ivate roads, ways, lanes, passages, bui ld ings , and places, and from t ime to t ime to cu t , remove, al ter , repair , replace, and relay such electric l ines, cables, mains , wires, switches and connect ion branches , or other appa
| ra tus . Provided t h a t when a n y electric line, cable, ma in , insula ted |
wire, or o ther electric appara tus , is placed above g round , t he same shall be done w i t h t he consent in wr i t ing of t h e said Council and wi th t he consent in wr i t ing of t he Super in tenden t of Telegraphs , a n d no t otherwise, b u t if t he said Super in tenden t of Telegraphs is of opinion t h a t any te legraph or te lephonic l ine is or may be inju riously affected by such electric l ine, cable, main , insula ted wire, or o the r appara tus , or if t h e said Council or t h e said Super in tenden t of Telegraphs is of opinion t h a t such electric line, cable, main , insula ted wire, or o ther appara tus , is or is l ikely to become dangerous to t he publ ic safety, or a publ ic nuisance, the said Council or the said Super in t enden t of Telegraphs may by notice in wr i t ing require t h e said P romote r s to remove such electric l ine, cable, ma in , insula ted wire, or o ther appara tus , or any por t ion thereof, and if t h e said P romote r s do no t wi th in e ight days of the service on t h e m of such wr i t t en notice remove t h e same, the said Council or t h e said Super in t enden t of Telegraphs m a y remove t h e same and recover the expense of such removal from the said Promote rs in a summary m a n n e r . A n d provided tha t the said Promoters shall, except in
g case case of accident o r of any event b y which in t h e opinion of t h e P r o m o t e r s a n accident is l ikely to occur, give seven days not ice in wr i t i ng to t h e c lerk of t h e said Council and to t h e said Super in t enden t of Telegraphs , prior t o t h e opening and b reak ing u p as
aforesaid of a n y street , br idge , r o a d , pavemen t , sewer, dra in , or t u n n e l wi th in t h e said town and district . A n d provided t h a t if in car ry ing out any of t he operat ions in th is section au thor ized to be carr ied out i t shal l be deemed necessary by t h e said Promoters to enter upon, under , across, or a long any ra i lway or t r amway , w h e t h e r publ ic
or pr iva te , i t shal l be sufficient fo r t h e said Promoters to ob ta in t h e consent of t he Secretary for Pub l i c W o r k s , for t h e t ime being, of t he Colony of N e w South Wales , i n addit ion to any other consent by th is A c t requi red to be obtained.
14. I t shall be lawful for the said P romote r s to cont rac t w i th
any person for supplying wi th electr ici ty any such person or any streets , ways, lanes, passages, manufactor ies , shops, warehouses, publ ic or p r iva te houses, bu i ld ings , and places, a n d for such purpose, from
t ime to t ime , to lay d o w n , c a r r y , fit u p , connect , a n d furnish any electr ic accumula to r , s torage ba t t e ry , electric l ine, cable, insula ted wire pipe, switch, connection, b ranch , carbon, burner , l a m p , meter , or o ther appa ra tu s from or in connect ion w i t h any electric line, main , lead, or cable, or to lay down any new electric l ine, main , lead, or cable wh ich for such purposes m a y be required, and to hit any such appara tus for hire for such s u m as m a y be agreed upon, which s u m m a y be recovered in l ike m a n n e r as a n y r en t or r emunera t ion for t h e supply of electrici ty.
15. The said Promoters shall , before supplying any person w i t h
electr ici ty, p u t u p and erect sui table appa ra tus a t some tes t ing place
for t he purpose of tes t ing t h e no rma l s t r eng th a n d the electro-motive force of electr ici ty supplied by t h e m , t he said appa ra tus and t h e posit ion a n d const ruct ion of t he said tes t ing place to be approved b y
t h e Super in tenden t of Telegraphs . 16. The said Council may , from t i m e to t ime, appoin t a com
pe ten t a n d impar t i a l person to be approved of in wr i t ing by the Super i n t enden t of Telegraphs to be electrical examiner , who shall test the no rma l s t reng th of t he cur ren t of electr ici ty supplied by the said Promoters , and whO shal l examine any electric l ine, accumula to r , s torage ba t te ry , electric cable, insula ted wire , pipe, S w i t c h , connect ion, b r anch , or any other electric appara tus . A n d t h e said Promoters m a y be represented a t such tes t ing or examina t ion , b u t shall no t be enti t led to in terfere in t h e same.
17. The electrical e x a m i n e r shall , wi th in four days of t he day
on which t h e t e s t ing or examina t ion was made by him, deliver to t h e said Counci l and to t he said Super in t enden t of Telegraphs a repor t of such t e s t ing and of such examinat ion , a n d shall deliver a copy thereof to t h e said Counci l a n d to t h e s a i d Super in tenden t of Telegraphs , and
s u c h report shal l be receiA"able i n evidence .
18 . A n y electrical examiner appoin ted by t h e said Council shal l
be paid a t t h e ra te of two guineas for every day on w h i c h he is so engaged, one moiety to be paid by the said Counci l a n d the other moie ty by the said Promoters .
19. No electric m a i n or conductor shall be used for t h e supply of
electr ici ty, a n d no electric pho tomete r shall be used for ascer ta in ing
t h e i l l umina t ing power of electr ic l ight , and no electric me te r shal l be
used for ascer ta in ing t h e quan t i t y of electr ici ty supplied b y the said
Promoters , unless t h e said main , conductor , photometer , or me te r respectively shall be of a pa t t e rn approved in wr i t ing by t h e Superin t enden t of Telegraphs. 20. N o cont inuous electric cu r r en t shall be supplied by the said
P romote r s to any electric l ine, main , or cable h a v i n g an electro-motive
force
force of more t h a n two h u n d r e d volts, and no a l t e rna t ing cu r ren t shal l he so supplied hav ing an electro-motive force of more t h a n one h u n d r e d volts. Provided tha t , if in t h e opinion of t h e said Promote rs i t is deemed necessary for the purpose of ca r ry ing in to effect t he pro visions of th is A c t to employ a h igher tension of electr ici ty t h a n the
| said two hund red volts in t h e case of a cont inuous cur ren t , or of | one |
| hund red | volts in t h e case of a n a l t e rna t ing current , a wr i t t en not ice | of |
t he same con ta in ing a s t a t emen t of the ex ten t of t h e proposed increase of electro-motive force shall he served on t h e Super in tenden t of Tele graphs who shal l give t he said Promote rs not ice in wr i t ing of t h e necessary precaut ions to he t a k e n and th ings to he done by t h e said P romote r s in order to secure t h e safety of t h e publ ic , wh ich said precaut ions shall be t aken and th ings shall be done by the said Promote rs before they shal l supply a cont inuous electric cu r r en t of h igher electro-motive force t h a n two hund red volts or an a l t e rna t i ng electric cu r ren t of h igher electro-motive force t h a n one h u n d r e d volts . For every breach of any of t h e provisions of th i s section t he said P romote r s shall be l iable to a pena l ty n o t exceeding five hund red pounds and no t less t h a n two hundred pounds , to be recovered in a s u m m a r y m a n n e r before any two Jus t ices of t he P e a c e ; a n d every agen t or w o r k m a n of t he said P romote r s who shall knowingly and wilfully author ize or pe rmi t t he same to be done shall be l iable to the
| l ike pena l ty , to be recovered in t he m a n n e r hereinbefore | provided. |
2 1 . I t shal l n o t be lawful for t h e said P romote r s to prescribe
any special form of l a m p or b u r n e r to be used by any person, or in any way to control or interfere w i t h t h e m a n n e r in which electr ici ty supplied b y t h e said Promoters is used. Provided t h a t no person shall be a t l iber ty to use any form of l amp or burner , or to use t h e electrici ty supplied b y t h e said Promoters for any purpose, or t o deal wi th it in any m a n n e r so as to u n d u l y or improper ly interfere w i t h t he supply of electrici ty supplied to any other person b y t h e said P romote r s .
General Provisions.
22. Subjec t to t h e provisions of t h e thir ty-first a n d th i r ty -
| second sections herein, n o t h i n g | in th is A c t conta ined | shal l be deemed |
to author ize t h e said P romote r s , the i r servants , contractors , agents , or workmen to enter in to or u p o n any pr iva te lands , t enemen t s , or places, or thereon to carry out any of t he operat ions of t he said Promote rs wi thou t t h e previous consent in wr i t ing of t he occupier
thereof, except t h a t t h e P romote r s m a y a t a n y reasonable t ime b y
themselves , the i r servants , agents , or w o r k m e n enter upon any land
or place where in any pipe or appa ra tus has a l ready been lawfully la id down or placed or may bo lawfully laid down or placed in pur suance of th is Ac t , and repair or a l ter t h e exis t ing pipe or appara tus or lay or place any n e w pipe or appa ra tu s instead thereof.
23 . I f any owner or occupier of any bui ld ing , t enemen t , or place,
or any person ac t ing for h i m shall refuse reasonable access in pu r suance of t he provisions of th i s A c t to t he contractors , agents , workmen , or
| se rvants of t h e said P romote r s | for t h e purpose | of r emoving any gas- |
pipe, gas-meter , electric-l ine, e lectr ic-meter , works , or o ther appa ra tu s for t he supply of gas or electrici ty placed or in t roduced in to any such bui ld ing, t enemen t , or place by t h e said Promoters , or shal l p r even t or obs t ruct such removal , t h e n the said owner, occupier, or person ac t i ng for h i m shall immedia te ly pay to t h e said Promote rs t he va lue of such gas-pipe, gas-meter , electric-l ine, electr ic-meter , works , or o the r appa ra tus for t h e supp ly of gas or electr ici ty, and in defaul t of his so doing wi th in th ree days after demand thereof m a d e a t t h e same bui ld ing ,
| t enemen t , or place, or t h e residence or las t known residence of | such |
owner,
owner, occupier, or person, i t shall he lawful for t h e said P romote r s to m a k e compla in t thereof to a n y Jus t i ce of t he Peace , w h o m a y cause to he issued a summons to the person so making; default , cal l ing on h i m to show cause before t he neares t Cour t of P e t t y Sessions to t he place where t h e said bui ld ing, t enemen t , or place is s i tua ted w h y h e refuses to pay such demand , and the reupon t h e said Court shall proceed to t he adjudicat ion a n d enforcement of such demand in t h e m a n n e r hereinaf ter set forth. A n d if any person shall place or lay any gas-pipe to communica t e w i th any main , gas-pipe, gas-meter, or o ther gas appa r a tu s a l ready laid, placed, or erected b y t h e said Promote r s , or shal l place, lay, connect , or erect any electric cable, insu la ted wire, e lectr ic l ine, switch, connect ion, b ranch , carbon, electric burner , or l amp, to com m u n i c a t e wi th any m a i n electric cable, ma in electric line, electric accu mula tor , s torage ba t te ry , electric meter , or other electric appara tus , a l ready laid, placed, or erected b y the said Promoters , or shal l keep t h e gas supplied by the P romote r s b u r n i n g for a longer t ime t h a n h e has cont rac ted wi th t h e Promoters to pay for, or shall supply a n y person w i t h any gas or electrici ty supplied to h i m b y t h e said P romote r s w i thou t t he said P romote r s ' consent in wr i t ing first obtained, or if any person shal l wan ton ly or maliciously h inder or i n t e r r u p t any of t he cont rac tors , workmen , agen ts , or servants of t h e said P r o m o t e r s in legally doing or pe r forming any of t he ac ts aforesaid, or in exercis ing a n y of t he powers a n d au thor i t ies b y th is A c t given, or if a n y person shal l wilfully or negl igent ly or accidenta l ly do or cause to be done any injury or damage to any of t he bui ldings , mach inery , pipes, burners , lamps , gas-meters , e lectr ic-meters , electric-cables, insula ted wires, l ines, or o ther appa ra tus , w h e t h e r for t h e genera t ion a n d supply of gas or electr ici ty of the said Promoters , or remove t h e same or cause a waste or improper use of gas or of electr ici ty supplied by t h e said P romote r s , i t shall be lawful for t he said Promoters to m a k e a compla in t thereof before any Jus t i ce of t h e Peace, w ho m a y cause to be issued a s u m m o n s to t h e person so offending to appear before t h e Cour t of P e t t y Sessions neares t to t h e place a t which such offence shall have been commit ted , and being, thereof, lawful ly convicted such person shall forfeit and p a y to t h e said P romote r s any s u m n o t exceeding five pounds over a n d above all damages done, and over and above al l costs necessarily incur red in recover ing t h e same, such s u m to be ascer ta ined by such Cour t and to be enforced by d is t ress ; and al l proceedings unde r th is A c t not here in expressly provided for shall be regula ted and conducted in accordance w i t h t h e provisions of t h e law in force for t h e t ime be ing
respect ing s u m m a r y proceedings before Jus t ices of t he Peace , and al l such provisions shall , so far as t h e same are applicable, be enforced
and observed in all proceedings unde r th is Act no t here in expresslyprovided for.
24. N o gas-pipe, b ranch , bu rne r , l amp, gas-meter , or o ther gas appara tus , and no electric accumula tor , s torage, ba t te ry , electr ic cable, insula ted wire, pole, electric l ine,pipe, switch, connec t ion ,branch , carbon burner , l amp , electric meter , or electric appa ra tus of t h e said P r o mote r s be ing placed under , upon, or above any bui lding, t enemen t , or p lace shall be subject to distress for ren t , or shall be t aken in execut ion u n d e r any process or proceeding in a n y Cour t of law or equi ty , or unde r any proceedings in b a n k r u p t c y or insolvency, save so far as a n y process or proceedings agains t t h e said Promote rs are concerned.
25. W h e n and so often as t h e said Promoters , the i r servants ,
contractors , agen ts , or w o r k m e n shall have opened, broken up , or removed the soil or p a v e m e n t of any street or br idge as aforesaid, or shall have opened or broken u p any sewers, drains, or t unne l s w i th in or unde r a n y such streets or bridges, or shall have erected any poles for t he purpose of p lac ing any electric l ine above ground, t he said
Promoters
Promote rs shall m a k e all reasonable despatch in performance of the work to be done, and shall on complet ion of such work for thwi th ca r ry away all rubbish and waste or surplus mater ia l , and render such s t ree t or br idge and every such sewer, drain, and t u n n e l wi th in or u n d e r t he same as near ly as possible in t he same condit ion as i t was in previously to t he d i s turbance thereof ; and du r ing t h e con t inuance of
| such work, and un t i l such re ins ta tement , the said Promote rs shall | set |
| u p sufficient | barr iers and keep | l ights b u r n i n g a t n i g h t in order | to |
p reven t accidents . A n d also w h e n and so often as any gas, pi tch, waste tar , waste l iquid, acid, or o ther t h ings shall escape or flow from any pipe, receivers, electric generator, mach ine , or drain, be ing p a r t of or incidental to t he works to be erected unde r th i s Act , so as to con- l amina t e t he air or any s t ream, spr ing, or o ther water , water-course, or body of wa te r n a t u r a l or artificial, and render t h e same unhea l thy , or offensive, or unfi t for use , i t shall be lawful for any person to give notice thereof in wr i t ing to t he said Promoters , who shal l immedia te ly t ake the most speedy and effectual measures to pre ven t and remedy the same, and if t h e said Promoters shall m a k e defaul t in any of t h e ma t t e r s so required by t h e m to be performed for the period of forty-eight hours nex t after such notice in wr i t ing being given i t shall be lawful for any person to lodge compla in t thereof before a n y Jus t i ce of t h e Peace, who m a y s u m m o n the said P romote r s before t h e neares t Court of P e t t y Sessions, and on proof of such default , and of such not ice as aforesaid hav ing been given, t he said Court of P e t t y Sessions shall order and direct t h a t t he said m a t t e r s shall he done by the said P romote r s w i th in a reasonable t ime to be named by such Court , or on default by t h e said Promoters , by the compla inan t or such other person as t he said Cour t shall direct, a n d in default of compliance wi th such order any Jus t i ce of the Peace, on proof of such defaul t on t he par t of t h e said Promote r s , a n d on proof t h a t t he compla inant or any o ther person has performed the said work so to he done, a n d of the costs, charges, and expenses a t t e n d i n g the same, shall issue a distress wa r r an t agains t t he goods and chat te ls of t h e said Promoters , for any a m o u n t not exceeding t h e said charges and expenses, and the cost of prosecut ing such compla in t to be paid to such compla inan t or other such person as aforesaid per forming t h e said work as aforesaid.
2(5. A n inspector of gas-meters , and subject to t he approval in
wr i t i ng of t he Super in tenden t of Telegraphs, a n inspector of electric
meters m a y from t ime to t ime be appointed by the said Counc i l ; and
| t h e said inspector , whe ther of gas or of electric mete r s , shal l a t all |
t imes w h e n author ized by t h e Council , on t h e appl icat ion and a t t he expense of any consumer of gas or of electr ici ty supplied by the said Promoters , be ent i t led to inspec t and tes t t he meters erected by t h e said Promoters in the premises of t h e person m a k i n g such request , after giving for ty-e ight hours not ice of such in tended inspect ion to t he said P r o m o t e r s ; and before such inspect ion t he person requi r ing t h e same shall deposit in t h e hands of t h e inspector all money due or appear ing to be due by such person to t he said Promoters on account delivered, and in case such deposit shall be in excess of t he s u m found to be due to t he said Promoters , such excess shal l be re tu rned to the consumer .
27. I f any person shall forge or counterfeit , or cause, or procure to be forged or counterfei ted, or knowing ly ac t or assist in t he forging or counterfe i t ing of a n y s t amp which m a y hereafter be used for t h e s t amping of any gas or electric me te r u n d e r th is Act , every person so offending shall for every such offence be liable to a penal ty not exceeding fifty pounds or less t h a n t en p o u n d s ; and if a n y person shall knowing ly sell, u t te r , or dispose of, let, lend, or expose for sale, any
g a s
gas or electr ic me te r wi th such forged s t amp thereon, every person so offending shall for every such offence be liable to a penal ty not exceeding t e n pounds , or less t h a n forty shi l l ings, and all gas or electric mete rs hav ing forged or counterfe i ted s tamps the reon shall be forfeited and destroyed.
28. I n all cases where a n y damage m a y be done b y t h e said
Promoters , the i r servants , agents , contrac tors , or workmen , in t h e course of erect ing, laying down, removing, or r epa i r ing a n y works , gas-pipes, electric-l ines, or o ther appa ra tus for t h e supply of gas or electr ici ty, t h e said damage shall be m a d e good a t t he expense of t h e
said Promote r s , and in case t h e said P romote r s shall delay wi th in a reasonable t ime to m a k e good such d a m a g e t h e owner or occupier of t h e premises m a y m a k e good the same a n d recover t he expenses thereof from t h e said Promote rs in t h e same m a n n e r as is here in
provided for t h e recovery of any s u m of money payab le u n d e r the provisions of th is Ac t .
29. A n y person whIO unlawful ly and maliciously cu ts or
injures any electr ic l ine, gas-pipe, or works w i t h in t en t to cu t off any supply of electr ici ty or gas, shall be gu i l ty of felony, punishable unde r section th ree h u n d r e d and seven ty -n ine of t he " Cr imina l Law
A m e n d m e n t A c t of 1 8 8 3 . "
30. A n y person who maliciously or f raudulen t ly abs t rac ts ,
causes to be wasted, or diverted, a n y gas or electr ici ty supplied by the said Promoters , shal l be gu i l ty of s imple la rceny wi th in t h e m e a n i n g
of t he " Cr iminal Law A m e n d m e n t A c t of 1 8 8 3 . " 3 1 . I t shall be lawful for t h e said P romote r s to cu t off and t ake
away t h e supply of gas or electrici ty from t h e bu i ld ing , t enemen t , or o ther place of every person or body m a k i n g defaul t in paymen t of charges for t h e supply of gas or electr ici ty after giving twenty-four hou r s not ice to t he occupier, and thencefor th to discont inue the supply of gas or electr ici ty cont rac ted for with t h e said Promote rs by such person or body, and to enter by themselves, thei r agents or workmen i n t o such bui ld ing, t enemen t , or place b e t w e e n the hours of n ine in t he forenoon a n d four in t he afternoon, and remove and carry away any pipe, burners , l amp, meter , electric l ine o r o the r appa ra tus for t h e supply of g a s o r electricity, t he proper ty of t h e said Promoters , and t h e sa id Promoters shall h a v e t h e l ike powers wi th r ega rd to c u t t i n g off,
t a k i n g away a n d d iscont inuing t h e supply of gas or electr ici ty in t h e
c a s e of t h e bui ld ing, t enemen t , or place of any person who shall have been lawfully convicted, as hereinbefore provided, of a n y f raudu len t in jury to any me te r or appara tus for t h e supply of gas or electr ici ty on s u c h premises, or f raudulen t use of t he gas or electr ici ty of t h e said Promote r s . A n d in case a n y person or body who shall cont rac t w i t h
t h e s a i d Promoters , or agree to t ake , or shall t ake or use t he gas or t heelectr ici ty of t h e said P romote r s in any bui lding, t enement , or place, or otherwise s h a l l refuse or neg lec t t o pay t h e s u m or sums of money
t h e n d u e unde r his or the i r cont rac t for t he same to t h e said P romote r s according t o t h e t e rms and s t ipula t ions thereof, i t shal l be lawful
for t h e said Promoters w i thou t prejudice to any other remedy, to m a k e complaints of such refusal or neglect before any Jus t i ce of t h e Peace , who m a y cause to be issued a summons t o t he pa r ty o rpart ies so refusing or neglect ing, cal l ing o n h i m or t h e m to show cause before t h e Cour t of P e t t y Sessions in t he police district in which such bui ld ing , t e n e m e n t , o r p lace is si tuated, or s u c h user took place, w h y he o r t hey refuses o r refuse to pay s u c h s u m or s u m s , and thereupon the said Cour t shall proceed to t h e adjudicat ion of the said compla in t and enforcement of the s a i d demand, and c o s t s , charges , and expenses incur red in the prosecut ion thereof by distress and sale of t h e goods and chat te ls of the person o r persons or body so refusing
o r neg lec t ing to pay. 32.
32. The clerk, engineer , or any other officer of t he said
| Promote r s , m a y | a t all reasonable t imes en te r any | bui ld ing , | t enement , |
or place, whe the r publ ic or pr iva te l igh ted w i t h gas or electr ici ty suppl ied by the said Promoters , in order to inspect t he pipes, burners , lamps , meters , electric l ines, or other appa ra tus for t he supply of gas or electr ici ty of or connected wi th t he works of t h e said Promoters , to regu la te t h e supply of gas or electricity, or to ascer ta in t h e quan t i ty of gas or electr ici ty consumed or supplied, a n d if a n y person shall h inder any such officer as aforesaid from so en te r ing or m a k i n g such inspection as aforesaid a t a n y reasonable t ime, such person shall for every such offence forfeit and pay to t he said Promote rs a s u m of money not exceeding five pounds, to be awarded and recovered by t h e
| said P romote r s | in l ike m a n n e r | as t h e penal t ies | aforesaid. |
33 . A n y person m a y appeal from the j u d g m e n t or conviction
| of any | Cour t of P e t t y | Sessions u n d e r this Act , in t h e form and m a n n e r |
| set | for th | in | t he | A c t | of | Council | fifth | Wi l l i am | t h e | F o u r t h | n u m b e r |
twenty- two .
34. N o t h i n g in th is A c t conta ined shall be const rued to pre ven t any person from indict ing or otherwise proceeding ei ther civilly or cr iminal ly agains t t he said Promoters for nu isance or otherwise in respect of t h e works or means used or employed by t h e said Promoters in exercis ing the privileges hereby on the said Promote rs conferred, or to p reven t t he said P romote r s or a n y person from recover ing any s u m of money, or otherwise proceeding in any Cour t of competen t ju r i s diction, b u t t he said Promoters or any person to w h o m any pena l ty or s u m of money m a y by the provisions of th i s A c t be awarded, m a y elect e i ther to proceed in m a n n e r in th is A c t provided, or to proceed for and recover damages or otherwise in any Cour t of competent jur isdict ion.
35 . If it shall be proved to t he satisfaction of a Police Magis t r a te or any two Jus t ices of t h e Peace in P e t t y Sessions assembled, t h a t the said P romote r s or a n y of its officers have been gui l ty of any defaul t unde r this Ac t not otherwise provided for unde r this Act , t hey shal l be liable for each and every such default to a penal ty no t exceeding five pounds , to be recovered in a s u m m a r y way.
36. I t shall be lawful for t he said Promoters , the i r executors and adminis t ra tors , a t any t i m e by any deed or i n s t r u m e n t in wr i t ing , to assign and transfer all t h e r igh t s , powers, privileges, benefits, and advantages conferred upon t h e m by this Act , to any person or persons or to a n y du ly incorporated Company , and upon any such t ransfer or
| incorporated Company in whose favour such t ransfer or ass ignment | ass ignment be ing signed or executed t h e person or persons or duly | ||
| is made shall t h e n s tand in t he place of t h e said Promoters , the i r executors and adminis t ra tors , and shall have all t h e r ights , powers, benefits, privileges, and advantages conferred upon t h e said Promote rs | |||
|
37. I t shall be lawful for t he said Council , w i th in one m o n t h
af ter t h e expi ra t ion of seven years from t h e da te of t he said gas or electr ici ty be ing first used within t he said distr ict , by not ice in wr i t i ng to requi re t he said Promoters to sell, and the reupon the said P romote r s shal l sell to the Mun ic ipa l Council of t h e said Mun ic ipa l
| Dis t r ic t t h e said gas-works and electr ical-works, or e i ther | of | t h e m | as |
t h e n in use, and all lands, bui ld ings , works , mater ia l s , a n d p l an t of t he P romote r s sui table to and used by the said Promote rs for t he purpose of t h e said gas-works or electrical-works, a t a price which, h a v i n g reference to t he a m o u n t of t he average ne t a n n u a l profits of such works for the t hen last two years, shall be a capi tal s u m upon which such average ne t profits would yield an income of six pounds per c e n t u m per a n n u m . A n d in case of difference arising as to t he
• amoun t a m o u n t of such profits or valuat ion, t h e same shal l he referred to arbi t ra t ion in t h e m a n n e r directed b y t h e A c t th i r ty -one Victoria
n u m b e r fifteen, in t i tu led , " An Act to make Arbitration more effectual"
and subject to t h e t e rms and conditions the re in conta ined.
38 . N o t h i n g in this A c t conta ined shall affect t h e privileges
conferred upon the Super in tenden t of Telegraphs b y A c t t w e n t i e t h
Vic tor ia n u m b e r forty-one, or author ize or enable t h e said P romote r s to t r a n s m i t a n y te legram, or to perform any of t h e incidenta l services of receiving, collecting, or del ivering te legrams, or give to t he said Promote rs any power, au thor i ty , or facility in connect ion w i t h t he t ransmiss ion of te legrams, or t he performance of any of t h e incidenta l
services of r e c e i v i n g , collecting, or del ivering te legrams.
39. N o t h i n g in th is A c t conta ined shal l p reven t t h e said gas-
w o r k s or electr ic-works be ing b r o u g h t u n d e r t h e provisions of a n y
Pub l i c A c t which m a y be passed by the Pa r l i amen t of New South Wales app ly ing general ly to companies engaged in t h e m a n u f a c t u r e or gene ra t ing of gas or electrici ty, or in t h e sale or supply of t h e same, nor ent i t le t he said P romote r s to compensat ion from t h e Pub l i c R e v e n u e by reason of t h e provisions of such genera l A c t be ing m a d e applicable
to a n d b ind ing on the said P romote r s .
40. This A c t m a y be cited as t h e " Ka toomba L i g h t i n g A c t of
1890 . "
S C H E D U L E A. PART I.
1. Regulations in respect of testing apparatus.
(a) T h e a p p a r a t u s f o r t e s t i n g t h e i l l u m i n a t i n g p o w e r of g a s s h a l l c o n s i s t of a
k n o w n a n d a p p r o v e d f o r m of p h o t o m e t e r , t o g e t h e r w i t h a p r o p e r m e t e r , m i n u t e c l o c k ,
g o v e r n o r , p r e s s u r e g a u g e , a n d b a l a n c e . T h e b u r n e r t o b e u s e d f o r t e s t i n g t h e g a s s h a l l
b e a n A r g a n d b u r n e r , h a v i n g fifteen h o l e s a n d a s e v e n - i n c h c h i m n e y . T h e c a n d l e s u s e d
f o r t e s t i n g t h e g a s s h a l l b e s p e r m c a n d l e s of s ix t o t h e p o u n d , a n d t w o c a n d l e s s h a l l b o
u s e d t o g e t h e r .
2 . The Apparatus.
(b) F o r t e s t i n g t h e p r e s e n c e i n t h e g a s of s u l p h u r e t t e d h y d r o g e n , a g l a s s v e s s e l
c o n t a i n i n g a s t r i p of b i b u l o u s p a p e r m o i s t e n e d w i t h a s o l u t i o n of a c e t a t e of l e a d c o n
t a i n i n g s i x t y g r a i n s of c r y s t a l l i z e d a c e t a t e o f l e a d d i s s o l v e d i n o n e fluid o u n c e o f w a t e r .
PART II .
1. Sales as to mode of testing gas.
(a) M o d e of t e s t i n g f o r i l l u m i n a t i n g p o w e r . T h e g a s i n t h e p h o t o m e t e r i s t o b e
l i g h t e d a t l e a s t f i f t e e n m i n u t e s b e f o r e t h e t e s t i n g s b e g i n , a n d i t is t o b e k e p t c o n t i n u a l l y
b u r n i n g f r o m t h e b e g i n n i n g t o t h e e n d of t h e t e s t s .
E a c h t e s t i n g s h a l l i n c l u d e t e n o b s e r v a t i o n s of t h e p h o t o m e t e r m a d e a t i n t e r v a l s
of a m i n u t e .
T h e c o n s u m p t i o n of g a s is t o b e c a r e f u l l y a d j u s t e d t o five c u b i c f e e t p e r h o u r .
The . c a n d l e s a r e t o b e l i g h t e d a t l e a s t t e n m i n u t e s b e f o r e b e g i n n i n g e a c h t e s t i n g ,
so a s t o a r r i v e a t t h e i r n o r m a l r a t e of b u r n i n g w h i c h is s h o w n w h e n t h e w i c k is s l i g h t l y
b e n t a n d t h e t i p g l o w i n g . T h e s t a n d a r d r a t e of c o n s u m p t i o n f o r t h e c a n d l e s s h a l l bo o n e h u n d r e d a n d t w e n t y g r a i n s e a c h p e r h o u r . B e f o r e a n d a f t e r m a k i n g e a c h s e t o f t e n o b s e r v a t i o n s of t h e p h o t o m e t e r t h e g a s e x a m i n e r s h a l l w e i g h t h e c a n d l e s , a n d if c o m b u s t i o n s h a l l h a v e b e e n m o r e o r l e s s p e r c a n d l e t h a n o n e h u n d r e d a n d t w e n t y g r a i n s p e r
h o u r , h e s h a l l m a k e a n d r e c o r d t h e c a l c u l a t i o n s r e q u i s i t e t o n e u t r a l i z e t h e e f f ec t s of t h i s
d i f f e r e n c e . T h e a v e r a g e of e a c h s e t of t e n o b s e r v a t i o n s i s t o b e t a k e n as r e p r e s e n t i n g t h e
i l l u m i n a t i n g p o w e r of t h a t t e s t i n g .
Mode of testing.
(b) F o r s u l p h u r e t t e d h y d r o g e n . T h e g a s s h a l l b e p a s s e d t h r o u g h a g l a s s v e s s e l
c o n t a i n i n g a s t r i p of b i b u l o u s p a p e r m o i s t e n e d w i t h t h e s o l u t i o n of a c e t a t e of l e a d f o r
a p e r i o d of t h r e e m i n u t e s o r s u c h l o n g e r p e r i o d a s m a y b e p r e s c r i b e d , a n d if a n y
d i s c o l o r a t i o n of t h e t e s t p a p e r is f o u n d t o h a v e t a k e n p l a c e t h i s is h e l d t o b e c o n c l u s i v e
as t o t h e p r e s e n c e of s u l p h u r e t t e d h y d r o g e n i n t h e g a s .
An
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