An Act for enabling John Warn Tuck to light
with Gas the Towns of East Maitland and
West Maitland in the Colony of New South
| Wales. | [22nd February, I860.] |
| the towns | of E a s t | Ma i t l and and W e s t | Mai t l and | in | |
| i t would he a grea t advantage to all t h e inhab i t an t s thereof if such | WH E R E A S t h e Colony of N e w South Wales are large a n d populous and |
| towns were l ighted wi th gas A n d whereas John W a r n Tuck of W e s t Ma i t l and aforesaid hav ing purchased in E n g l a n d all t h e appa ra tus pipes gear fitt ings and other necessary appl iances for m a k i n g and us ing gas for t h e purpose aforesaid i t would be of grea t publ ic advan t age a n d convenience if power were given to h i m to erect works lay down pipes and to do all lawful and reasonable acts necessary to enable h i m to l ight wi th gas t he towns aforesaid Be i t therefore enacted by t h e Queen ' s Mos t Exce l len t Majesty by and wi th t he advice and consent of t h e Legislat ive Counci l and Legislat ive Assembly of N e w |
| Sou th W a l e s | in | Pa r l i amen t | assembled | and | by | the au thor i ty of | t h e | |
| same as follows— |
| 1. I t shall be lawful for the said John W a r n T u c k to create establ ish and exercise a business for t h e purpose of p roduc ing inflam mable air or gas from coal oil t a r p i t ch or o ther mater ia l and for l igh t ing and supply ing wi th gas all publ ic and pr iva te places roads s t ree ts and bui ld ings wi th in t h e said towns of Eas t Ma i t l and and |
| W e s t | Ma i t l and a n d also for manufac tu r ing | selling and | disposing of | |
| al l a n d every produc t refuse or r e s iduum to be obtained from | t h e | |
| ma te r i a l used by h i m in such business. |
| 2. The said John W a r n T u c k is hereby fully author ized | and |
| empowered | subject to t he provisions and | res t r ic t ions | hereinaf ter |
| conta ined | by his servants cont rac tors agents w o r k m e n or others from |
t ime to t ime to m a k e erect s ink lay place a n d fix such re tor t s gasometers mete rs receivers cis terns engines machines cu ts dra ins sewers water courses pipes reservoirs and bui ld ings of such cons t ruc t ion and in such m a n n e r as he shal l t h i n k necessary or proper for t h e purpose of
| ca r ry ing t h e objects of | th i s A c t in to execut ion | A n d also to break | u p |
t h e soil a n d pavemen t of any h ighway street road or o ther publ ic place or thoroughfare or of any road or place dedicated to or used by t h e publ ic as a roadway or thoroughfare or any pa r t or pa r t s thereof a n d to erect posts pi l lars l amps lamp-irons and o ther appa ra tus in t h e same h ighways s t reets roads publ ic places or thoroughfares and places dedicated or used as aforesaid agains t any wal l or walls erected on or adjoining to any of t h e m a n d to dig a n d sink t renches and drains and to lay ma ins and pipes and p u t stop-cocks syphons p lugs or b ranches from such ma ins or pipes in under across or a long such h ighways s t reets roads publ ic places or thoroughfares and places dedicated or used as aforesaid and also wi th consent as hereinaf ter men t ioned to do the l ike in u n d e r across or a long any pr iva te place A n d from t ime to t ime to cu t stop remove a l ter repair replace and relay such ma ins pipes stop-cocks syphons p lugs branches or o ther appara tus Provided always t h a t no th ing here in conta ined shall be deemed to author ize the said John W a r n Tuck his cont rac tors agents or w o r k m e n to enter in to or u p o n any pr ivate
previous consent of t h e owners a n d occupiers thereof nor for t he like .
purposes to enter into or upon break u p or d i s turb any h ighway street
road or other publ ic place or thoroughfare or place dedicated or used as | aforesaid |
lands buildings or places for any of t h e purposes aforesaid without t he
aforesaid wi thou t t h e consent of any munic ipa l i ty t rus t commission or o ther body officer or person hav ing the care m a n a g e m e n t or control
thereof.
| 3. I t shall be lawful for t he said J o h n W a r n Tuck to | contract |
with any persons (whether incorporate or individual) for the supply of gas for any publ ic or pr iva te place or bui lding and for such purpose from t ime to t i m e to lay down car ry fit-up connect and furnish any pipe b r a n c h or bu rne r l amp meter or other appara tus from or in connect ion w i t h any m a i n pipe or to lay down any new m a i n which for such pur pose m a y be requ i red Provided always t h a t in all cases (where it is no t otherwise s t ipulated and agreed) t he said J o h n W a r n Tuck his workmen contrac tors or agents shall and may a t his own expense on flic expi ra t ion or determinat ion of any t enancy or on non-paymen t of any sums payable by the owner or occupier of any t enemen t for gas supplied there to at any t ime wi th in twelve mon ths from such expi ration de te rmina t ion or default or wi th in fourteen days after receiving notice in wr i t ing for t h a t purpose from or on behalf of t h e owner or succeeding occupier of such t enemen t enter in to a n d upon such tene m e n t and remove take and car ry away any pipe b u r n e r l amp me te r or appa ra tu s which shall have been placed and in t roduced by the said J o h n W a r n Tuck in such t enement and repair and m a k e good such por t ions of such t e n e m e n t as may be damaged or defaced by such removal A n d in case t h e said J o h n W a r n Tuck shall neglect so to do for fourteen days after receipt of such not ice i t shall be lawful for such owner or succeeding occupier (provided free and reasonable access has been given to t he said J o h n W a r n Tuck for t h e purposes aforesaid) to cause such pipes b u r n e r s l amps mete rs or appara tus to be removed and t h e damages a n d defacements to t h e said t enemen t to be made good t h e reasonable costs and charges a t t end ing which shall immedia te ly be paid by the said J o h n W a r n Tuck and in default of his so doing within th ree days of demand thereof made at t he Gas W o r k s i t shall be lawful for t h e said owner or occupier or his or the i r agent to m a k e complaint thereof before any Jus t i ce who may cause a summons to be issued to t h e said J o h n W a r n Tuck in t h e usual form call ing on h i m to shew cause before t he neares t Cour t of Pe t t y Sessions of t he police district in which such t enemen t is s i tuated why he refuses to pay such demand A n d if t h e said J o h n W a r n Tuck fails to shew good cause accordingly it shall be lawful for t h e s i t t ing Jus t i ces to order or award paymen t of the demand or any pa r t thereof to such compla inant toge ther wi th such costs and satisfaction for his expense
and t rouble as to t h e m m a y seem mee t and such order or award to enforce by distress and if the same bo r e tu rned nulla bona by imprison
m e n t of defendant for any t e r m not exceeding th ree calendar mon ths
Provided also t h a t if any owner or occupier of any t enemen t or person ac t ing for h i m shall refuse reasonable access to t he said J o h n W a r n Tuck his agents contrac tors or workmen for t h e purpose of removing any such pipe b u r n e r l amp meter or appara tus placed or in t roduced into any such t enemen t by t he said J o h n W a r n Tuck or shall p reven t or obs t ruct such removal t hen t h e said owner or occupier or person act ing for h i m shall immedia te ly m a k e paymen t for such pipe bu rne r
| l amp me te r or appara tus | A n d in default of his so doing within three; |
| days of demand thereof made at the said t e n e m e n t or t he | residence |
of t he pa r ty i t shall be lawful for t he said J o h n W a r n Tuck to m a k e complaint thereof before any Jus t i ce of t he Peace who may cause; to be issued a summons to t he person so m a k i n g default or refusing or obs t ruc t ing access to any t enement as aforesaid cal l ing on h im to shew cause before the Cour t of P e t t y Sessions of t he police distr ict where t h e t enemen t s a rc s i tuated why he refuses to pay such demand
| A n d the reupon the said Cour t shall proceed to t h e adjudication | and |
enforcement
enforcement of such demand in t h e m a n n e r in th i s clause before set for th A n d if any person shall place or lay any pipe to communica te
| w i th a n y gas p ipe me te r or other appara tus | or | use | addi t ional | b u r n e r |
or b u r n e r s of l a rger dimension or of o ther k ind or descript ion t h a n t h a t h e has cont rac ted to pay for or supply any person wi th any of t he gas supplied to h im by the said J o h n W a r n Tuck wi thou t t h e consent in wr i t ing of t he said J o h n W a r n Tuck first obtained or if any person shall wan ton ly or maliciously h inder or i n t e r r u p t t he said J o h n W a r n T u c k his contractors agents or w o r k m e n in legally doing or performing a n y of t he works aforesaid or in exercis ing t h e powers and author i t ies by th is A c t given or if any person shall wilfully negl igent ly or accidental ly do or cause to be done any injury or damage to any of t h e bui ld ings mach ine ry pipes burne r s l amps me te r s or appa ra tus of t he said J o h n W a r n T u c k or remove t h e same or cause a waste or improper use of gas supplied by h i m it shall be lawful for t h e said J o h n W a r n Tuck to m a k e complaint thereof before any Jus t i ce of t h e Peace who m a y cause to be issued a summons to t h e person so offend ing to appear before t h e Cour t of P e t t y Sessions of t h e police distr ict where such offence shall be commit ted and be ing thereof lawfully convicted such person shall forfeit a n d pay to t h e said J o h n W a r n Tuck any sum not exceeding five pounds over a n d above all damages done and over and above all costs to be ascer tained by such Cour t and to be enforced in t he m a n n e r in th i s clause before set forth A n d all proceedings unde r th i s A c t no t here in expressly provided for shall be regula ted and conducted in accordance wi th t he powers of t he law in force for t h e t ime being respect ing s u m m a r y proceedings before;
| Jus t i ces of t he Peace and all such provisions shall so far as t h e | same |
| are appl icable be enforced a n d observed in all proceedings | unde r | th i s |
| Ac t no t here in expressly provided for. |
4 . W h e n and so often as t h e said J o h n W a r n Tuck his con t rac tors agen t s or workmen shall have b roken u p or removed any pavemen t stone or o ther mate r ia l of any h ighway road s treet or public; place or places dedicated to or used by the publ ic he is hereby requ i red to m a k e al l reasonable dispatch in performance of t h e work to be done; a n d immedia te ly thereafter to carry away all rubbish and waste or surplus mater ia l and to re ins ta te such pavemen t s tone or o ther mater ia l and r ende r such h ighway road s treet or place as near ly as possible in t he same condit ion as i t was in previously to t h e d i s turbance thereof A n d un t i l such re ins ta tement to set u p barr iers and keep l amps or fires b u r n i n g a t n igh t in order to p reven t accidents A n d also w h e n
| a n d so often as any gas p i tch waste l iquids or o ther th ings shal l escape | or flow from any pipe receiver or dra in so as to con tamina te t h e air or |
| water and render t he same u n h e a l t h y or disagreeable i t shall be lawful for any person to give notice thereof in wr i t i ng to t h e said J o h n W a r n T u c k who shall immedia te ly t ake t h e mos t speedy and effectual measures to prevent t h e same A n d if t h e said J o h n W a r n Tuck shall m a k e default in any of t he ma t t e r s so requi red by h i m to be performed i t shall be lawful for any person to lodge compla in t thereof before any Jus t i ce of t he Peace who may s u m m o n the said J o h n W a r n Tuck before t h e neares t Cour t of P e t t y Sessions a n d on proof of such default t h e said Cour t shall order and direct t h a t t he same shal l be done by the said J o h n W a r n T u c k wi th in a reasonable t ime to be n a m e d by such Cour t and in default of compliance wi th such order any J u s t i c e of t he Peace on proof thereof and on proof t h a t t h e compla inant or any o ther person has performed the said work so to be done and of t h e costs charges and expenses a t t end ing the same shall issue a distress w a r r a n t agains t t h e goods and chat te l s of t he said J o h n W a r n Tuck for any a m o u n t not exceeding the said costs charges and expenses to be paid to t h e person per forming t h e said work as aforesaid. |
| 5. A n y person may appeal from | the j u d g m e n t or conviction of |
| the said Cour t of P e t t y Sessions unde r th is Ac t in t h e form | and |
| m a n n e r set forth in t he Ac t of | Council | fifth | Wi l l i am | F o u r t h | n u m b e r |
| twenty- two. |
| 6. | W h e n e v e r | t h e n a m e of J o h n W a r n Tuck is used in th is | Act |
i t shall be considered to ex tend to and include his executors adminis
| t r a to r s | and | assigns. |
| 7. | N o t h i n g in th i s Ac t contained shall be cons t rued to | p reven t |
any person from indic t ing or otherwise proceeding against the said J o h n W a r n Tuck for nuisance or otherwise in respect of the works or means used or employed by h im in exercis ing the privi leges hereby on h im conferred nor shall any th ing here in contained l imi t restr ict or in any m a n n e r affect t he r igh t of any munic ipa l i ty hereafter to be created or of any other person or company hereafter empowered by the Legis la ture to supply gas to the said towns or to exercise any powers which i t may be deemed expedient or necessary to g ran t for
8. Provided always t ha t if wi th in two years after the passing of th i s Ac t t he said J o h n W a r n Tuck shall no t be prepared to supply a t a reasonable price gas of a good qual i ty and in sufficient quan t i ty to l ight t h e roads and s t reets in t he said towns and all houses and bui ld ings s i tua te therein or if t h e said J o h n W a r n Tuck shall after t h e said period of two years fail so to supply gas for any period exceeding twenty days t hen and in e i ther of such cases all t h e powers hereby vested in t he said J o h n W a r n Tuck shall t he reupon cease and deter mine.