Meters and Gas Act 1881 (SA)

ANNO QUADRAGESIMO QUARI'O ET QUADRAGESIMO

QUINTO

A.D. 1881.

No. 233.

A; Act to provide for Regulating the Testing and

Stamping of Meters used in the Sale of Gas, and for Testing the Quality of Gas sold, and for other purposes.

[Assevzted to, November r8th, 1881.1

HEREAS it is expedient that the measurement used in sales of gas for lighting, heating, and other purposes should be here- after regulated by one uniform standard, and that all meters should be stamped as hercinaftcr provided, and that consumers of gas should have a means of testing the quality of gas supplied-BC it therefore Enacted bp the Governor of the Province of South Auskalia, with the advice and conscnt of thc Legislative Council and House of Assembly of the said province, in Yarliament assembled, as follows:

containing 62.321 pounds avoirdupois weight of distilled or rain

l, This Act may be cited as "The Meters and Gas Act, 1881."

2, This Act is divided into three parts, as follows:-	Division of Art into
Darts.

PART I.--Relates to Testing a i d Stamping of Meters.

PART	11.-Relates	to Testing and Quality of Gas.
PART I..

3. After the passing of this Act the only legal standard or unit Fixing unit of

of measuring for the sale of gas by mctcr shall be the cubic foot, measure.

Z 44" & 45" VICTORIE, No. 233.

P " -

The Meters afid Gas Act.-1881.

- f i ~ ~ z 1- water weighed in air at the temperature of sixty-two degrees of Fahrenheit's thermometer, the barometer being at thirty inches, except as relates to contracts made before the passing of this Act by which a different unit of measure is adopted, which contracts shall not be renewed.

Yodsls of meaauwg 4, Within six months next after the passing of this Act models

to be made and of gasholders measuring the said cubic foot, and such multiples and

rerifled under	the
direction of the

Commisaimer Crown	decimal parts of the said cubic foot as the Commissioner of Crown
Lands.	Lands for the time being shall judge expedient; and from time to time, after the expiration of the aforesaid period of six months, models of such further multiples and decimal parts of the said cubic foot as the Commissioner shall from timc to time think expedient shall be carefully made with proper balances, indices, and apparatm for testing the measurement and registration of meters; and such models shall be verified under the direction of the said Commissioner, and when so made and verified shall be deposited in the Surveyor- General's Office in Adelaide, and copies of the models so from timc to time deposited, verified as aforesaid, shall be sent to the Mayor of Adelaide and the Mayors of such municipalities as the aforesaid Comrnissioncr may from time to time direct; and the mid Cop- missioner of Crown Lands shall appoint a competent person or persons to design and make, subject to approval and by the direction of such Commissioner, stamps of a uniform design, to be used for stamping meters throughout the province, with only such variations of numbers or marks thercon as shall be sufficient to distinguish each inspector's municipality or district
inepedom of meters.

~OWGI may appoint 5. It shall be lawful for the Council of any municipality to

appoint 'an inspector of meters at such salary and for such terms as

to such Council shall seem fit.

Officers in the 6, The copies of the said models so directed by the said Com-

Burveyor -Genenrl'a missioner to be verified and stamped at the Surveyor-General's

ofice to Btamp

copies of	Office shall be compared with the models deposited with the
Surveyor-General as aforesaid, and if correct shall be verified and stamped by some officer duly authorised by the Surveyor-General,
providing copies of

~rnpen~e of 7, The expense of providing and transmitting such copies of

models and	models of gasholders, with proper balances, indices, and apparatus
remuneration I J ~
inspectors.	aforesaid, and of the stamp to be used by the inspectors, and the remuneration which shall bc paid to the inspectors shall be paid out of the lighting rate raised in such municipaiity applicable to lighting purposes; and if no such rates are imposed, then out of the general fund raised by the municipality.

No &er seller of

meter, or pemn in 8. No maker, repairer, or seller of meters or of gas, or persons

tb6 of any employed in making, repairing, or selling of meters or gas shall be

gas company or

mandacturem of	an inspector of meters under the provisions of this Act; and every
mekm W, to be	inspector shall forthwith enter into a bond or recognizance to the

an inspotor. Council or body appointing him, to be sued for in any Court of Record

44' & 45' VICTORIE, NO. 233

The Meters and Gus Act.-1881.

Record having jurisdiction, in such sum and either with or without PAW 1-

surety or sureties as the Council by whom he may have been Inspector toenter appointed shall fix for the dut? and punctual performance of the duties *cO~nigance. of his office, and for the due and punctual payment at such time

or times as he may be directed by the Council by whom he may have been appointed, of all fees received by him under the authority of this Act, and for the safety of the said copies of models and stamps committed to his charge, and for their due restoration and surrender to such person or persons as may be appointed to receive them by the Council aforesaid immediately on his removal or other cessation from office.

9. The Council shall determine and appoint

on what days, what Inspector to a t h d

at places where gas

hours, and what places each and every inspcctor shall attend with comumed

the said copies of models and stamps in his custody at each of the required by the

several places within their jurisdiction as they shall deem expedient, Council.

and evcry such inspector so attending s h d l examine, test, and, if found correct, stamp all such meters as shall be requircd under the provisions of this Act to be so rxaruined, testcd, and stamped, and shall deface or destroy the stamps of any meter tested and found incorrect under the provisions of this Act; and he shall keep a book wherein he shall enter miuutes of a11 such exnminations and testings, with the numbers of identity and capacity marked by the manufacturer on such meters, and give, if required, s certificate under his hand of every such stamping and defacing; and every inspector shall twice ~napector to pay fees

in every meek account to thc treasurer of the municipality or the to the treasuxer of tha municipality.

person for the time being acting as treasurer, or to any such other person as shall be duly authorised by those by whom he may have been appointed, for all fees received by him under this Act, and shall pay the amount thereof to such treasurer as aforesaid, who shnll account for the same.

10, No mctcr duly stamped under authority of this Act shall be mm ,,,hen shmped

liable to be restamped, although the samc he used in another place neednO"er""lnmped+	than that at which the same was originally stamped, but shall Le
considered as c?, legal meter, uriless found to be incorrect within the
meaning of this Act.

11, In case any inspector of meters shall stamp a.ny meter Penulty on inspector

without duly testing and finding the same to be correct;, or shall	misconduct.
refuse, or for three clays after bcing so required under the ~rovisioiis
of this Act neglect, without lawful excuse, to test any meter, or to
stamp any meter found to be correct on being so tested, or shall be guilty of a breach of any duty imposed upon him by this Act, or shall otherwise misconduct himself in the execution of his office, every such offender shnll, upon conviction, forfeit a sum not exceeding Five Pounds for every such offence.

12. No meter shall be stamped which shall be found by the afetm-8 not to be

inspector to register, or be capable of being made by any contrivance ~ ! ~ ~ ~ ~ ~ ~ ~ n ~ ~ ~ , ~ ~ ~

for that purpose, or by increase or by decrease of thc water i l k such in favor of the seiler, met er or three per cent, in

meter, or by any other means practically prevented in good meters,

to register quantities varying from the true standard measure of gas

more than two per centum in favor of the seller, or three per centum in favor of the consumer; and every meter, whether stamped or unstamped, which shall be found by such inspector to register, or to be so capable of being made to register, quantities varying beyond

the limits aforesaid, shall be deemed incorrect within the meaning of

this Act; and every meter which shall be found by such inspector to measure and register quantities accurately or not varying bcyond the limits aforesaid, and shall be found incapable by any such

means as aforesaid of being made to register quantities varying

beyond the limits aforesaid, shall be considered to be correct, and be stamped as aforesaid in such manner and on such part of the meter as shall be specially directed by the authority appointing him, or, in default of such directions, as shall in his opinion prevent fraud: Provided always that every meter bearing a measuring capacity at one revolution, or complete action of the meter of not less than five cubic feet, and having prominently marked upon it in some con- spicuous place the words without float," shall be stamped by the

Certain metere in-	inspectors i f found correct within the meaning of this Act in all
correct against the	other respects except that it is capable of being made by abstraction

seller of ~ B B may be

used by agreement. of water to register incorrectly against the seller of gas; but it shall not be lawful after the time aforesaid to use in the sale of gas any such meter when so stamped by the inspector except by written agreement between the buyer and seller specifying that this dc- scription of meter shall be used.

Rulee for testing 13. The following rules shall be observed bp the inspectors in

metem.	testing meters under the provisions of this Act-Firstly, the meter shall be tested for soundness or leakage only, and not for percentage of error, when fixed on a horizontal base, and with gas under a pressure equal to a column of water thrce inches high with a light or lights consuming not more than onc-twentieth part of its
measuring capacity per hour marked thereon, nor less than one-half of a cubic foot per hour for all meters of a measuring capacity not exceeding one hundred cubic feet per hour, and not more than one-
fortieth part of its said measuring capacity per hour for all meters of any greater measuring capacity per hour than one huildrcd cubic feet; and all meters found to work under such test shall be deemed sound meters, and any meters found not to work under such test shall not be stamped. The meter to be tested for percentage of error shall bc fixed on a horizontal base, and shall bc tested at a pressure equal to
s column of water fivc-tenths of an inch high, and passing the
quantity of gas or atmospheric air per hour which shall be marked thereon as its measuring power per hour; and the water used in such testing, and the air of the room in which such testing sl~all be made, shall be as nearly as practicable of the same temperature as the
gas or air pawed through the meter.

14. If any person 01- persons shall make, except under the

authority of this Act, or forge or counterfeit or cause or procure to

be

44' & 45" VICTORIE, No. 233.

The Meters and Gas Act. -1881.

be made, except as aforesaid, or forged or counterfeited, or lmowingly - PART I.

act OF assist in the making, except as aforesaid, or forging or counter- Penalty for countcl

feiting any stamp or mark, which may be hereafter used for the feitingsta"mps-

stam$ng or marl;ing of any meter undcr this Act, cvcry pcrson so

off'ending shall, for every a~zch offence, forfeit, on conviction, a sum

not exceeding Fifty Pounds nor less than Ten Pounds; and if any

person shall knowingly sell, utter, or dispose of, let, lend, or expose

to sale any meter with such forged stamp or mark thereon; every

person so offending shall, for every such offencc, forfeit, on conviction,

a sum not exceeding Ten Pounds nor less than Forty Shillings; and

all meters with such forged or counterfeit stamps shall be forfeited	-
and destroyed.

15. Any person who shall knowingly repair or alter, or knowingly Penalty for obstruct- ing inspector.

cause to be repaired or altered, or knowingly tamper with or do any act in relation to any stamped meter so as to cause such metcr to register unjustly or fraudulently, or who shall prevent or refuse to allow lawful access to any meter in his possession or control or the supply of water thereto as hereinafter provided, or shsll obstruct or hinder any examination or tcsting authorised. by this Act of any such meter, shall, on conviction, forfeit a sum not exceeding Five Pounds, pay the fees for removing and testing, and the expenses of purchasing and fixing new meters: Provided that the payment of any such penalty as aforesaid shall not exempt the persoil paying from liability to indictment or other proceedings at lam to which he mould be liable, or deprive any person of the right to recover damages against such persons for any loss or injury sustained by each act or default.

16. Every consumer of gas may purchase and use for measure- Consumer may use

ment of the gas supplied to him any meter d n l ~ stamped under the any stamped meter

authority of this Act, and may conncct such metcr with the supply

pipe leading immediately out of any meter affixed by the company

per hour shall not exceed the quantity per hour the meter is intended or person supplying the gas: Provided that the gas to be consumed to measure so rnarkcd on the outside thereof as nforesstici.

17. Within a period of four years from the passing of this Act Within a period of four years all meters

for buying and selling gas, or for the" collecthg of any rates or duties,

or for making m y charges on the passage, transmission, or convey-

ance of gas, shall be examined and tcstcd under the a~thority of this

a11 meters whtztsoevcr not previously stamped which shall be used to be stam~ed. after the time respectively fixed by this Act, knowingly use any meter which has not been so stamped as aforesaid shall, on convhion, forfeit a sum not exceeding Five Pounds; and any contract, bargain, or sale made by any such meter shall be void, and every such meter so used shall, on being discovered by any inspector so appointed as aforesaid, be seized, and on conviction of the person knovingly using or possessing the same, shall be forfeited and destroyed.

44' & 45u VICTORIW, No. 233. -"

The Meters and Gas Act,-1881.

Y i m T. 18. No meter for the purpose of ascertaining the quantity of gas

After tmlve months	sold shall be uscd or fixed for use after the expiration of twelve months
no meter to he sold,	after the passing of this Act unless thc same shall hare its measuring

&C., unlw atamped-

and unetamped may capacity at one revolution or complete action of the rnetcr, and also

be &m@ d the quantity per ho~xr it is intended to measure in cubic feet or

required or s t a m ed

meter substitud

at t&e expense of the	multiples or decimal parts of a cubic foot denominated or marked on
person requiring it.	the outside thereof in legible letters or figures, and shall be stamped by an inspector of meters under the provisions of this Act; and every person who, after the expiration of such twclve months, shall use or fix for use any such meter before it has been stamped, shall be liable to n penalty of Five Pounds for every such unstamped meter, and all meters required to be tested and stamped, except as hereinafter men- tioned, shall be delivered to the inspector at the place whcre his testing gasholder and apparatus may be kept, and every purchaser and seller of gas by meter may at his own expense, at any time after the expira- tion of the said twelve months, require a'nv unstamped meter by which his gas is measurcd to be examin&, tested, and, if found correct, stamped; or he may at his own expense substitute a stamped meter in the place of such unstamped meter: l'roviclcd always that such purchaser or seller of gas shall, before removal of any such unstamped meter for the purpose aforesaid, give twent y-four hours, notice in writing of such intended removal to the other party to the contract.
Fees for testing and

stamping meters. 19, The fees for examination, comparison, and testing with or

without stamping meters shall be Sixpence for each meter delivering a cubic foot of gas in four or morc revolutions or complete repetitions of the action of the meter, and One Shilling for such meter delivering a cubic foot of gas by any less number of revolutions or complete action, and for each meter delivering more than one cubic foot of gas by one revolution or complete action, the further sum of One Shilling for every cubic foot of gas delivered at one revolution or complete action beyond the first cubic foot.

Power to inspectors

to enter houses, &C.,	20, It shall be lavful for any inspector, authorised in writing the request and expense of any buyer or scllcr of gas, who shall have given twenty-four hours' notice in writing to the other pasty to the contract, at all reasonable ti~nes to enter any house, or shop, store, warehouse, still, yard, or place whatsoever within his jurisdiction where any meter, whether stamped or unstamped, shall be fixed or used, and to examine and test the same, and, if necessary for such purpose, to remove such meter, doing as little damage thereby as may
and ins$%ct gas mea-	under the hand of the Mayor or town clerk of any municipality, at
sures and meters.
be; and if, upon such examination and testing, it shall appear that
any such meter is incorrect within the meaning of this Act, or fraudu- lent, the same shall not bc refixed or uscd again unless and until altered and repaired so as to measure and register correctly, and stamped; and the fees on such removal, examination, and testing of
a meter, whether stamped and replaced or not, shall be double the
fees hereinbefore made payable for testing and stamping, and shall
be payable by the buyer or seller of gas as the Coimcil shall determine,

and

44' & 45' VICTORIE, No. 233.

The Meters and Gas A c t. 1 8 8 1.

. * -P----

and shall bc recoverable accordingly: Provided always that, in case

PABT I.

the head office of the person ar company to whom such notice is to be given shall be m&e than twenty miles distant from the meter referred to in such noticc, thrcc days' notice in writing shall be given instead of twenty-four hours' notice as aforesaid; and provided also that any person duly authorised by any company or persons selling gas by meter may supply water to any meter, so as to keep the water at the correct level.

21. In case of any dispute between the buyer and scllcr of gas Disputed derision of

by meter, or between any owizcr of a meter and any inspector of reforrcd to two inspector to be

meters under this Act, respecting the correctness of any meter, the inspeohrs of

inspector shall, if required by any such person dissatisfied with his k,.	adjoiuing districts,
decision, give such party his reasons in writing for such decision, and such party may require such meter to bc cxamined and re-tested by two inspectors of adjoining or neighboring districts, to bc named by any Justice of the Peace; and the unanimous decision of such last-mentioned inspectors shall be final as to the correctness or incorrcctncss of such meter, except in case of appeal to a Local Court of Full Jurisdiction ncarcst to the place where such meter was fixed; and in case such two inspectors shall not agree, the decision of the inspector of the district to which such meter belongs shall be considered final, except in casc of appeal to a Local Court, as hereinbefore mentioned; and the expcnses of the proceedings to be taken under the powers hereby granted shall bc ascertained by thc
said Court, who shall also determine by and to whom the same shall

be paid.

22, All persons who Inay think themselves aggrieved by any act Persons aggrieved

or decision of any inspector or inspectors of meters, or by any order, g:gp~%"$t~	L O ~ "
judgment, or determination of any Justice of the Yeacc relating to Jurisdiction. any matter or thing in this Act mentioned or contained, nzay appeal to the nearest Local Court of Full Jurisdiction at the then next	practicable sitting to be held by tlle said Local Court of Full	Jurisdiction nenrcst to which the alleged case of appeal shall arise,
first giving seven days' notice in writing of such intention to appeal, and the grounds an8 nature thereof, to tllc party against whom such complaint is intended to be madc, and forthwith after such notice eiltering into a recognizance before some Jnsticc of the Peace, with two sufficient sureties, conditioned to try such appeal, and abide the order and award of the said Court thereon; and the said Local Court s l d l either hear and determine thc said complaints at such next sitting of the said Court or, if they think proper, shall adjourn the hearing thercof till the following sitting of the mid Court; and the said Local Court may, if thcy see cause, reverse or alter such decision, and mitigate any penalty or forfeiture, and may order any money to bc returned which map have been levied in pursuance of such order or determination, and may also order any such further satisfaction to be made to the party injured as they shall judge reasonable, and may also order such costs to be paid
by the party complained against to the party appealing, or vice uersd?
as they shall think reasonable. 23, Where

The Metws and Gas Act.- 188 l.

--p----" --

PART I. 83, Where any Municipal Corporation or person now have powers

m8 h t and of appointing inspectors of meters, and they or such inspectors now

existing powers not

EO be cumulative. have powers of stamping, re-stamping, exsunining, or testing meters, those powers and the provisions of this Act shall not be cumulative, but, on the passing of this Act, the provisions of this Act shall supersede all such powers.

be quashed for want 24. No proceedings to be had or taken in pursuance of this Act	Pmdings not to
of form, or removed. shall be quashed or vncatcd for want of form, or be removed by

certiorari or by any other writ or proceeding whatsoever into Her Majesty's Supreme Court of the said province, any law or statute to

the contrary notwithstanding.

As to recovery and

application of 25, All fees and penalties received and recovered under this Act

penalties,

shall be applied in aid of the fund out of which the expenses of carrying the Act into effect shall be defrayed, and a 1 penalties incurred under the provisions of this Act shall be rccoverable, with expenses, in a summary way before two or more Justices of the Peace, and the whole penalties, after deducting all charges, and such remuneration to the person prosecuting as the said Justices shall think fit, shall be applied in aid of the funds liable under the provisions of this Act to the cost of providing or maintaining copies of the said models in the place where such penalties shall be awarded.

Limitation of actions,

&c. 26, In all actions brought against any person for anything done

in pursuance of this Act, or in the execution of the powers or authorities thereof, such action shall he laid and bronght into the nearest Local Court within which the cause of action shall have arisen,

and the defendant or defendants in such action may plead the general

issue, and give this Act and the special matter in evidence at any trial to be had thereupon, and that the acts were done in pursuance or by the authority of this Act; and if they shall appear to have been

so (lone, or that such action shall have been brought otherwise than

as hereinafter directed, then, and in every such case, the jury shall

find for the defendant or defendants, upon which verdict, or if the plaintiff or plaintiffs shall bcconie nonsuited or shall suffer a discon- tinuanee of his, her, or their action after the defendant or defendants shall have xppcared thereto, or if a verdict shall pass against the plaintiff or plaintiffs therein, or if upon demurrer or otherwise judg- ment shall be given against the plaintiff or plaintiffs therein, the def'endant or defendants shall b a y his, her, or their costs, and shall havc such remedy for recovering the same, as defendants have for recovering costs of suit by law in other cases.

Plaintiff not to

27, No plaintiff shall recover in any action for any irregularity, trespass, or otherwise, wrongful proceeding made or committed in the execution of this Act, if tender of sufficient amends shall have been made by or on behalf of the party or parties who shall commit such irregularities, trespass, or other wrongful proceedings before such action brought; and in case no tender shall have been made it shall

of umends.

recover &er tender

I be

44' & 45' VICTORIW, No. 233.

The Meters find Gas Act.-1881.

he lawful for the defendant or defendants in any such action, by leave of the Court wherein such action shall denencl. at any time before issue joined, to pay into Court.soch sum or sLns'oi money as he, she, or they shall think fit, whereupon proceedings, order, and adjudica- tion shall be had and made in and by such Court as in other actions when defendants are allowed to pay money into Court.

PART IT. .

On complainb as to

28. U at any time complaints as to the qmntity or quality of the and

the gas supplied by any company be made to the Council by any quantity.

householder suppliccl with gas hy any gas company, it shall be May appoint8 person as examiner

lawful for the said Council, at any time within one month of the toi,,,,i,,~

wccipt of such complaint, to direct an examiner after to inquire into

slid concerning the grounds of such complaint, and to report to

he said Council thereon.

ex8"inm

29, When an examiner has been so appointed as aforesaid the so appointed.

town clerk shall give notice of such appointment in writing to the company, and at any time after twenty-four hours from the time of giving such notice as aforesaid the examiner shall have power to inspect and examine the gasworlcs of the company, and to inquire into and concerning the grounds of such complaint, and the company and their officers shall afford all reasonable facilities for such inspec- tion, examination, and inquiry.

of such inspection, examination, or inquiry shall forfeit and pay alny examiner. 30. Any person obstructing such examiner in thc due prosecution ~ ~ ~ ~ ~ ! $

sum not excecding Tcn Pounds.

31. If, after receipt of such rcport, it shall appear to the mid KOtice~ if

ell founded.

Council that the said complaint is well founded, the said Council

shall give notice thereof in writing to the conzpany.

32, After the receipt of such notice thc camrally shall, and C O W ~ ~ Y ~ ~ ~ ~ ~ ~ Y ~ grountl c£ complaint,

they are hereby required within a reasonable time to, remove the

grounds of such complaint.

33. Every gas compa'ny shall in all things obey thc: ordcm of the Gas compani~ fa

said C'ouncil, made in pursuance of this Act, ancl in iiefault of their co,lncil.

obey orders of

so doing they shall be liable to a penalty not exceeding Fift,y Pounds

for each offence,

34. All the costs, charges, and expenses of and incident to any Acb of altering db-

inquiry and decision of the said Council, utider this Act, s h ~ l l from trict.

time to time be borne and paid by such paxties as the said Council shall direct, and such dccision map, upon an 6 3 yarte application, be made n rule of any of Her Majesty's superior Courts of Law within the said province.

131-233 35. If

44O	& 4 5 O VICTORIW, No. 233.
The Mtters and Gas A c t. 1 8 8 1.

35, If the gas supplied by the gas company be at any time of a

Penalty for'deficient less illuminating power, or of less purity than according to this Act

illwr~inating power

or impurity.	it ought to be, the gas company shall, for each offence, on a summary conviction before two or more Justices, forfeit a sum not exceeding Fifty Pounds. and a further sum of Ten Pounds for every day, after notice in writing from the Council, during which the offence con-. tinues: Provided that such Justices shall not convict undcr this section if it shall be proved to their satisfaction that such defect of gas was occasioned by any unavoidable cause or accident.
Appointment by
local authority of	36, The Council of any municipality in which gas shall be supplied shall provide all proper and sufficient apparatus, machinery, and instruments for testing the illuminating power and purity of the gas, and from time to time shall appoint and, out of any Eunds appli- cable by them for their local purposes, may pay a chemical examiner or gas engineer or other competent person to be an examiner for the purposes of this Act; and every gas company shall, within twelve months after the passing of this Act, cause to be erected in some suitable testing place to be provided by the Council of the District within which the mains of the company may for the time being be laid or otherwise upon the company's land, and in case of dispute between the company and the Council as to the place, the same shall be fixed by a Special Magistrate upon the application of either party after hearing the parties thereon, an experimental meter furnished with a suitable burner capable of consuming five cubic feet of gas per hour, with other necessary apparatus for the purposes follominp- -

examiner of gas.

I. For testing the illuminating power of the gas supplied:

I I. For testing the presence of sulphuretted hydrogen in the gas

supplied;

The said apparatus shall be in accordance with the regulations prescribed in schedule A hereto, and shall be so situated and arranged as to be used for the purpose of testing the illuminating power and

purity of the gas supplied by the company, and the company shall	at n l l times thereafter keep and maintain such testing place and
apparatus in good repair and working order.

The gas supplied by any person or company shall not exhibit any

trace of sulphixretted hydrogen when tested in accordance with tha

rules prescribed by this Act, and shall be of such minimum quality

as when so tested to produce from an argand burner having twenty-

four holes and a seven-inch chimney, or other approved burner and chimney, a light equ J in intensity to the light produced by fifteen

sperm candles of six in the pound.

The company may, if they think fit, on each occasion of the testing of the gas by the gas examiner, be represented by some officer, but such officer shall not interfere in the testing.

Any tests taken in pursuance of this Act shall be taken in accordanco with the rules prescribed in Schedule B hereto.

The

44' & 45O VICTORIA$ No. 233. 11

The Metcrs and Gas A c t. 1 8 8 1.

P*a~ Ir-

The gas examiner shall, on the day immediately following that -

on which the testing of the illuminating powcr or purity of the gas has been conducted, make and deliver a report of the results of his testing to the Co~ulcil by whom he was appointed, and to the under- takers, and such report shall be receivable in evidence, and shall

primd facie be deemed to be col~ect.

37. Whenever the undertakers neglect or refuse to give a supply Pem1tie8.

of gas to any owner or occupier of premises within the limits of the special Act entitled to the Fame under such pressure as is prescribed, they shall be liable to a penalty not exceeding Forty Shilling for each day during which such default continues.

If it shall be proved to the satisfaction of any two or more

Justices, not being shareholders in the undertaking, after hearing the parties, that on any day the gas supplicd by the undertakers is under less pressure, of less illuminating power, or of less purity than it ought to be according to the provisions of this or the special Act, the undertakers shall in every such case forfeit and pay to the person or persons making application for testing the gas such sum, not exceed- ing Twenty Pounds, as thc Justices shall determine.

Penalties imposed on thc suppliers or consumers of gas for one arid the same offence by several Acts of Parliament shall not be cumulative.

secretary or engineer of the company, have access at all times to and report thereon. 38. The examiner shall, on giving three hours' notice to the Examination of gm

such experimental meter, and when and so often as i t is necessary, or he is so directed by the Council appointing him, shall examine the illuminating power and the purity of the gas supplied, and shall present to the Council so often as they require a report stating the number of examinations on which the report is founded, and the ninximum, minimum, and average illuminating power and gas supplied during the whole period to which the report relates, with

necessary. such other inforrnation and remarks thereon as may be deemed 39. Provided that two or more Councils if they think fit may TWO or more local

join in providing the apparatus, machinery, and instruments, and in ~~~~~~~~~~

appointing a,nd payin5 the examiner, and he shall make his reports

to cvery Council so joining in appointing and paying him.

40. The examiner, on payment to him of a fee of Ten Shillings ComplainttoaMagis-

and Sixpence by any consumer, shall a6 his request examine and trate ab8uppb

report to him on the illuminating power and the purity of the gas gas-

supplied as hercinbefore mentioned, and any consumer may make complaint to any Magistratc with respect to the illuminating power or purity of the gas supplied to the complainant, and the Magistrate may entertain and hear the complaint and proceed thercon according to the proviaions of this Act.

VICTORIW, No. 233. , --p --.v- - "7

The Heters and Gas Act .1881.

PART ~ r. 41, Any Magistrate may direct that notice bc given to the corn-

f fearingonv* plainont and the gas company to appear and be heard on the corn- plaint at such time as he appoints, and each party shall thereupon appear and may be heard before a Magistrate by themselves, their counsel, or solicitors.

Order on hawing. 42.

Where on the hearing, and whether or not the gas company hare appeared, i t appears to the Magistrate that the complaint of any part thereof is well founded, he shiill make an order declaring that the same is well-founded, and ordering the gas company to pay any penalty or penalties thereby incurred, and to remove within a reasonable time the grounds of complaint; and he may by the order direct that any specific acts shall be done by the gas company for removing the grounds of complaint, and may make any order as to

. costs, andial1 orders so made shall be final and binding on all parties.

ass company to obey 43, Where the gas company are served with any order so made,

order. they shall within the time limited by the order remove the grounds of complaint thereby declared to be well founded, and pay the penalty or penalties, and the damages (if any), and costs (if any) thereby ordered to be paid by them.

Gas companies to 44, The gas company and their officers, agents, and servants,

examination under	and when there is any complaint made, the complainant shall afford
this A C ~.	to every exanliner appointed by the Council all reasonable facilities for the respective insp&tion, examination, and inquiry, afid any person obstructing such examiner so appointed in the exercise of his duties under this Act shall for every such offence forfeit not exceeding Ten Pounds.

Incomingtenant not 45, In case any consumer leave the premises where gas was

tOPayarreamOf going tenant U & ~ E Out- supplied to him without paying to the gas company the-rate or

hy express agreement. meter rent due from him, the gas company shall not require from the next tenant of the premises payment of the arrears so left unpaid	unless the incoming tenant agreed with the defaulting consumer to	pay the arrears; but the gas company shdl notwithstanding any
such arrears, in the absence of collusion between the outgoing and incoming tenant, supply gas to the incoming tenant, as required by this Act on being required by him so to do.

Recove and appli- 46, Every penalty imposed by this Act, the recovery and

a pndtiw. application of which is not otherwise specially provided for by this Act, shall be recovered in a summary way before two or more Justices, and shall be paid to the treasurer of the Corporation.

Swine; general juris-	47, NO special remedy or provision for giving relief to any person given by this Act shall prejudice or diminish the general jurisdiction of any Court of low or equity over or with respect to the acts or defaults in respect of which the special remedies or pxovisions are so given.
of law and equity.

dictim*COUltd

PART

4 4 O & 450 VICTORIA$ No. 233.

The Meters and Gas Ac t. 1 8 8 1.

PART 111. PART III.

48. In construing this Act the word " meter" shall mean gas ne~t iom.

meter, and shall include every kind of machine used for measuring gas; and the word " person " shall include Corporations; "Council" shall mean' the Council of any Municipal Corporation; "munici- pality " or " municipal bounds " shall mean the area contained within the boundaries of any city or town incorporated under The Municipal Corporations Acts " in force within the Province of South

Australia.

49. The provisions of this Act shall alpply to every gas under- Applimtionof pm-

taking authorised by any special Act heretofore passed or hereafter -Om.

to be passed.

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

this Bill.

W M. F. DRTJMMONI) JERVO IS, Governor.

SCHEDULE

l. "Pha apparatu~ f$r testing +he illumin@ing power of the gas shall coneiat of

.t;k iay.eaved Barm af Bu&s 'i;hci.tomet&, kndwxi L~;ietheby"s open $0-igcb

$wt6m@m, car EY-% qacloapd 100-iwh pbotqmeter, togeaer pjtk a p q p q %eter

minute clock g o ~ e w r, respne, gauge, twzg bdance.

The burner to be use B for testing the gas shall be such as shall be pre~r ibed .by

I *

the special Act.

The candles used for testing the gas shall be sperm candles of aix to the pound,

wd two ca~dlp.p &all be used top?$er.

8. The apparatus-

a. Fm tetesting the presence in the gas of sulphuratted hydrogen --Q @ass

containing a strip of bibulous paper, moistened with a solution of dcabb d lead containing 60 grains of crystallized acetate of lead dis~olved in one fluid ounce of water.

SCHEDULE B.

Rules as t o Mode of Testing Gas.

The gas in the photometer is to be lighted at least fifteen minutes before the testing begins, and it is to be kept continually burning from the beginning to the end of the tests.

Each testing shall include ten observations of the photometer, made at intervals of -

a minute.

The consumption of the gas is to be carefully adjusted to five cubic feet per hour. The candles are to be lighted at least ten minutes before beginning each testing,

so as to amve at their normal rate of burning, which is shown when the wick is

slightly bent and the top glowing. The standard rate of consumption for the candles

shall be 120 grains each per hour. Before and after making each set of ten obser- vations of the photometer, the gas examiner shrtll weigh the candles, and if the combustion shall have been more or less per candle than 120 grains per hour he ehall make and record the calculations requisite to neutralise the effects of this - difference.

The average of each set of ten observations is to be taken as representing the

illuminating power of that testing.

a For eulphuretted hydrogen-'.The glass shall be pasaed through the glass vessel

containing the strip of bibulous paper, moistened with the Bolution of acetate of lead, for a period of three minutes, and if any diocoloration of the test paper is found to have taken place, this is to be held conclusive as to the presence of sulphuretted hydrogen in the gas.

-

Adelaide : By authoriQ, E. SPELZEB, Gwernrnent Printw, North-terrace.