Mudgee Gaslight and Coke Company (Limited) Act of 1886 No mgc (NSW)

An Act to enable the " Mudgee Gaslight and

Coke Company (Limited)" to construct Gas Works within the Town of Mudgee

and the suburbs of the said town, [14th

October, 1880.]

WH E R E A S it is expedient that the Town of Mudgee and its suburbs

in the Colony of New South Wales be supplied and lighted

with gas And whereas for the carrying out of the works necessary

for such supply of gas a Joint Stock Company called the "Mudgee Gas­
light and Coke Company (Limited)" has by a memorandum of associa­ tion and articles of association lately been established at Mudgee afore­ said in accordance with and subject to the provisions of " Companies

A c t " thirty-seventh Victoria number nineteen. And whereas the
Municipal Councils of the Boroughs of Mudgee and of Cudgegong have at the request of the " Mudgee Gaslight and Coke Company

(Limited)" in consideration of the benefits to arise from the establish­

ment and carrying out of such works consented to the vesting in the said Company of all necessary powers and authorities so far as the rights and interests of the said respective Municipal Councils are con­ cerned Be it therefore enacted by the Queen's Most Excellent Majesty

by and with the advice and consent of the Legislative Council and Legislative Assembly of New South Wales in Parliament assembled

jrons and other apparatus in or upon the same streets and bridges or against

and by the authority of the same as follows:—

1. The " Mudgee Gaslight and Coke Company (Limi ted)" is hereby fully authorized and empowered by its servants contractors agents workmen and others from time to time to make erect sink lay
place fit maintain and repair such retorts gasometers or gas-holders
meters receivers cisterns engines machines cuts drains sewers water­ courses pipes reservoirs buildings and other works and devices of such construction and in such manner as the " Mudgee Gaslight and Coke Company (Limited)" shall think necessary or proper for the purpose

of carrying out the operations of the " Mudgee Gaslight and Coke;

Company (Limited)" in respect of and incidental to the making and supplying of gas in conformity with this Act and the said memorandum and articles of association and also for all such purposes to open and break up the said pavement stone or other material of the several streets and bridges or other public place or thoroughfare within the limits of the town and suburbs aforesaid and to open and break up any sewers drains or tunnels within or under such streets and bridges public places or thoroughfares and to erect posts pillars lamps lamp-

against any wall or walls erected on or adjoining to any of them and to dig and sink trenches and drains and to lay mains and pipes and put stop-cock syphons plugs or branches from such mains or pipes in under across or along such streets and bridges and also with such consent as hereinafter mentioned to do the like in under across or along any private roads ways lanes passages buildings and places and from time to time to cut stop remove alter repair replace and relay such main pipes stop-cocks syphons plugs branches or other apparatus Pro­ vided always that nothing herein shall authorize or empower the Company their servants contractors agents or workmen to enter into

or upon any private lands buildings or places for any of the purposes
aforesaid or thereon to carry out any of the operations of the Company without the previous consent in writing of the owners and occupiers
thereof except that the Company may at any reasonable time by its
servants agents or workmen enter upon any land or place wherein any pipe has already been lawfully laid down or placed in pursuance
of this Act and repair or alter the existing pipe or lay or place any
new pipe in the stead thereof and provided also that the Company shall unless in cases of accident or other emergency give forty-eight hours notice in writing to the Council Clerk of the Municipality in which the same shall be situated prior to the opening or breaking up as aforesaid
of any street bridge or other public place or thoroughfare sewer drain
or tunnel within the said municipalities or cither of them and in cases
of accident or other emergency so soon as is possible after the beginning of the work or the necessity for the same have arisen and in the case of
opening or breaking up of any street road pavement sewer drain or tunnel outside of the said municipality such notice shall be given to the officer of the Roads Department or other officer in charge of such street road pavement sewer drain or tunnel Provided further that if in carrying out any of the operations of the Company it shall
be deemed necessary by the Company to enter upon under across or
along any public or private railway or tramway it shall bo sufficient
for the Company to obtain the consent of the Minister of Works for
the time being of the Colony of New South Wales anything herein­
before contained to the contrary notwithstanding.

2. When and so often as the Company it servants contractors agents or workmen shall have opened broken up or removed the soil pavement stone or other material of any street or bridge or other public place or thoroughfare as aforesaid or shall have opened or broken up any sewers drains or tunnels within or under any such streets or	bridges or other public place or thoroughfare the Company shall make	all reasonable despatch in performance of the work to be done and
shall on completion of such work forthwith carry away all rubbish and waste or surplus materials and reinstate such pavement stone or other material and render such street or bridge or other public place or thoroughfare and every such sewer drain and tunnel within or under the same as nearly as possible in the same condition as it was in previously to the disturbance thereof and during the continuance of such work and until such reinstatement the Company shall set up
sufficient barriers and keep lights burning at night in order to prevent
accidents And also when and so often as any gas pitch-waste tar-waste liquid or other things shall escape or flow from any pipe receivers or drain being part of or incidental to the works to be erected under this
Act so as to contaminate the air or any stream spring or other water­
courses or body of water natural or artificial and render the same unhealthy or offensive or unfit for use it shall be lawful for any person to give notice thereof in writing to the Company who shall immediately take the most speedy and effectual measures to prevent and remedy the same and if the Company shall not within forty-eight hours next

after

after such notice in writing being given effectually stop and prevent
such escape or flow as aforesaid and wholly and satisfactorily remove the cause of complaint then and in every such case it shall be lawful f o r any person to lodge complaint thereof before any Just ice of the

Peace who may summons the Company before the nearest Court of

Petty Sessions and on proof of such escape or flow as aforesaid and of such notice as aforesaid having been given and of such escape or flow

n o t having been stopped and prevented or such cause or complaint
not having been removed the said Court of Petty Sessions shall order and direct that all such works shall be done and executed or procured to be done and executed by the Company within a reasonable time to be named by such Court as shall be necessary for such stopping preventing or removal as aforesaid or on default by the Company by the complainant or such other person as the Court shall direct and in default of compliance with such order by the said Company any Justice of the Peace on proof of such default on the part of the said Company and on proof that the complainant or such other person as aforesaid has done or executed or procured to be done or executed the said

w o r k s and of the costs charges and expenses attending the same shall

issue a distress warrant against the goods and chattels of the Company

for any amount not exceeding the said charges and expenses and the cost of prosecuting such complaint to be paid to such complainant or
other such person as aforesaid doing or executing or procuring to be

done or executed the said works as aforesaid.

3 . I t shall be lawful for the Company to contract with any

person or body whether corporate or individual for supplying with gas any person or body or any street way lane passage manufactory shop warehouse public or private house building or place and for such purpose from time to time to lay down carry fit up connect and furnish any pipe branch or burner lamp meter or other apparatus from or in connection with any main pipe or to lay down any new main which for such purposes may be required and to let any such apparatus for hire for such remuneration in money as may

be agreed upon between the said Company and the person t o whom
the same may be so let which remuneration may be recovered in

like manner as any rent or remuneration for the supply of gas are

recoverable under this Act and such apparatus shall not be subject to distress for rent of the premises where the same may be used nor be taken in execution under any process of a Court of Law or Equity

or under any proceedings in Bankruptcy or Insolvency save so far as

any processes or proceedings against the Company are concerned Provided always that in all cases where damage may be done by the	Company its agents workmen or others in the course of laying on or
removing apparatus the said damage shall be made good at the expense of the said Company and in case the Company shall delay within a reasonable time to make good such damage the owner or occupier of such premises may make good the same and recover the expenses
thereof from the Company in the same manner as is herein provided for the recovery of any sum of money payable under the provisions of
this Act.
4 . In case any person who shall contract with the Company or agree to take or shall take or use the g a s of the Company in any building tenement or place or otherwise shall refuse or neglect to pay the sum or sums of money then due under his or their contract for the same to the Company according to the terms and stipulations thereof
it shall be lawful for the Company without prejudice to any other
remedy to make complaints of such refusal or neglect before any
Just ice of the Peace who may cause to be issued a summons to the
party or parties so refusing or neglecting calling on him or them to

show

show cause before the Court of Petty Sessions in the police district in which such building place or tenement is situated or such user took

place why he or they refuses or refuse to pay such sum or sums and
thereupon the said Court shall proceed to the adjudication of the said complaint and enforcement of the said demand and costs charges and expenses incurred in the prosecution thereof by distress and sale of the goods and chattels of the person so refusing or neglecting to pay.
5. The secretary engineer or any other officer of the said Com­ pany may at all reasonable times enter any building tenement or place to which gas is supplied by the said Company under the provisions of this Act in order to inspect the pipes burners lamps meters or other apparatus of or connected with the works of the said Company to regulate the supply of gas or to ascertain the quantity of gas consumed
or supplied and if any person shall hinder any such officer as aforesaid
from so entering or making such inspection as aforesaid at any reason­
able time such person shall for every such offence forfeit and pay to
the Company a sum of money not exceeding five pounds to be awarded and recovered by the Company in like manner as the penalties hereinafter mentioned.

6 . I t shall be lawful for the Company to cut off and take away

the supply of gas from the building tenement or other place of every person making default in payment of charges for the supply of gas
after giving twenty-four hours notice to the occupier and thenceforth
to discontinue the supply of gas contracted for with the Company by such person and to enter by itself its agents or workmen into such building tenement or place between the hours of nine in the forenoon and four in the afternoon and remove and carry away any pipe burners lamp meter or other apparatus the property of the Company and the Company shall have the like powers with regard cutting off taking away and discontinuing the supply of gas in the case of the building tenement or place of any person who shall have been lawfully con­
victed as hereinafter provided of any fraudulent injury to any meter or apparatus on such premises or fraudulent use of the gas of the said
Company.

7. I f any person shall place or lay any pipe to communicate with any main pipe meter or other apparatus already laid placed or erected

by the said Company or shall use additional burner or burners of
larger dimensions or of other kind or description than that he has contracted with the Company to use or shall keep the gas supplied by

the Company to pay for or shall supply any person with any of the	the Company burning for a longer time than he has contracted with
gas supplied to him by the Company without the Company's consent in writing first obtained or if any person shall wantonly or maliciously hinder or interrupt any of the contractors workmen agents or servants
of the Company in legally doing or performing any of the acts afore­
said or in exercising any of the powers and authorities by this Act given or if any person shall wilfully or negligently or accidentally do
or cause to be done any injury or damage to any of the buildings
machinery pipes burners lamps meters or apparatus of the Company
or remove the same or cause a waste or improper use of gas supplied by the Company it shall be lawful for the Company to make a com­
plaint thereof before any Justice of the Peace who may cause to be issued a summons to the person so offending to appear before the Court of Petty Sessions nearest to the place where such offence shall
be committed and being thereof lawfully convicted such person shall forfeit and pay to the Company any sum not exceeding five pounds
over and above all damages done and over and above all costs such sum to be ascertained by such Court and to be enforced by distress.

8. I f any owner or occupier of any building tenement or place
or any person acting for him shall refuse reasonable access in

pursuance of the provisions of this Act to the contractors agents workmen or servants of the Company for the purpose of removing any pipe burner meter or apparatus placed or introduced into any such building tenement or place by the Company or shall prevent or obstruct such removal then the said owner occupier or person acting for him shall immediately make payment to the Company for such pipe burner meter or apparatus and in default of his so doing within three days after demand thereof made at the same building tenement or

place or the residence or last known residence of the party it shall be lawful for the Company to make complaint thereof to any Just ice of

the Peace who may cause to be issued a summons to the person so making default calling on him to show cause before the nearest Court

of Petty Sessions to where the building tenement or place is situated

why he refuses to pay such demand and thereupon the said Court shall proceed to the adjudication and enforcement of such demand in the manner herein set forth and all proceedings under this Act not herein

expressly provided for shall he regulated and conducted in accordance

with the provisions of the law in force for the time being respecting summary proceedings before Justices of the Peace and all such pro­ visions shall so far as the same are applicable be enforced and observed in all proceedings under this Act not herein expressly provided for.

9. The price for the gas shall at no time exceed sixteen shil­ lings per thousand cubic feet and the gas supplied shall be absolutely
free from sulphuretted hydrogen and shall be of such minimum quality
as to produce from an Argand burner having fifteen holes and a seven- inch chimney consuming five cubic feet of gas per hour a light equal in intensity to the light produced by seventeen sperm candles of six in the pound burning one hundred and twenty grains per hour.

1 0 . The Company shall within twelve calendar months after

receiving notice from the Municipal Council of Mudgee put up at some testing place to be provided by the said Council within the Municipality suitable apparatus for the purposes following :—

(I) For testing the illuminating power of the gas supplied

(II) For testing the presence of sulphuretted hydrogen in the gas

supplied the said apparatus shall be in accordance with the

Schedule hereunto annexed and shall at all times he kept and

maintained in good repair and working order by the Company.

1 1 . The Municipal Council of Mudgee may from time to time

appoint a competent and impartial person to be gas examiner to test

purity of the gas supplied on any or every day and the Company may	the gas at the testing place who shall test the illuminating power and
be represented at the testing if they shall think fit but shall not be
entitled either by themselves or their representatives to interfere in the testing.

1 2 . The gas examiner shall on the day immediately following

that on which the testing was made by him to deliver to the Municipal
Council of Mudgee a report of such testing and shall deliver a copy thereof to the said Company and such report shall be receivable in evidence.

1 3 . Any gas examiner appointed by the Municipal Council of

Mudgee shall he paid a salary not exceeding one hundred pounds per annum which shall be paid one moiety by the Council and the other moiety by the Company.

1 4 .      NO meter shall be used for ascertaining the quantity of gas

sold by the Company unless the same shall have its measuring capacity at one revolution or complete action of the meter and also the quantity per hour it is intended to measure in cubic feet or multiples or decimal

parts

parts of a cubic foot denominated or marked on the outside thereof in legible letters or figures and shall have been tested and stamped as

correct by the English Warden of Standards or by the inspector of

meters appointed from time to time by the said Municipal Council or other the person or persons who may hereafter be appointed by an

Act or Acts of the Parliament of New South Wales or in pursuance thereof in that behalf to test and stamp gas meters or other lawful

authority.

15. An inspector of meters may from time to time be appointed

by the Municipal Council of Mud gee and the said inspector shall at all
times when authorized by the Council on the application and at the expense of any consumer of gas supplied by the Company be entitled to inspect and test the meters erected by the Company in the premises

of the person making such request after giving forty-eight hours notice of such intended inspection to the Company and before such inspection
the person requiring the same shall deposit in the hands of the in­ spector all money due or appearing to be due by such person to the Company on account delivered and in case such deposit shall be in

excess of the sum found to be due to the Company such excess shall be

returned to the consumer,

10. No meter which shall have been fixed by the Company for

use before the expiration of one year of the time when this Act comes into operation shall be allowed to remain in use after the expiration of five years from that time unless it shall have been tested and stamped as by this Act directed and no meter once tested and stamped under the provisions of this Act shall be allowed to remain in use for more than

live years from the time when it shall have been last so stamped

unless and until it shall have been retested and restamped in manner aforesaid and whenever the Company shall knowingly allow any meter to be used in contravention of this section they shall be liable to a penalty not exceeding forty shillings for every such offence.

17. After the expiration of one year from the time when this

Act comes into operation the legal standard or unit or measure for
the sale of the said Company's gas by meter shall be the cubic foot containing sixty-two and three hundred and twenty-one thousand thus (02-321) pounds avoirdupois weight of distilled or rain-water weighed in air at the temperature of sixty-two degrees of Fahrenheit's thermometer the barometer being at thirty inches.

18. I f any person shall forge or counterfeit or cause or procure to be forged or counterfeited or knowingly act or assist in the forging

stamping of any meter under this Act every person so offending shall	or counterfeiting any stamp which may hereafter be used for the
for every such offence be liable to a penalty not exceeding fifty pounds or less than ten pounds and if any person shall knowingly sell utter or dispose of let lend or expose for sale any meter with such forged
stamp thereon every person so offending shall for every such offence
be liable to a penalty not exceeding ten pounds or less than forty
shillings and all meters having forged or counterfeited stamps thereon shall be forfeited and destroyed.
19. All gas supplied by the Company shall except in case of accident be supplied at such pressure as to balance from midnight to sunset a column of water not less than six-tenths of an inch in height and to balance from sunset to midnight a column of water not less than one inch in height.

20. Nothing in this Act contained shall be construed to prevent

any person from indicting or otherwise proceeding either civilly or
criminally against the Company for nuisance or otherwise in respect of

the works or means used or employed by the said Company in exercising

s privileges

privileges hereby on the Company conferred or to prevent the Company or any person from recovering any sum of money or otherwise pro­ ceeding in any Court of competent jurisdiction.

21. In all cases in which by any Act of Parliament in force

in the Colony or by any rule or order of or the practice of the Supreme Court or any other Court now or hereafter to be in force in
this Colony the plaintiff complainant or defendant in any action suit or

other proceeding civil criminal or otherwise or any creditor of an insolvent estate or any person being a party to or interested in any process or proceeding whatsoever is or shall be authorized empowered or required to make any affidavit deposition or information or to sign or present any petition or to do any other act it shall be lawful and competent for the Secretary or any other officer of the Company with the consent in writing of the Directors of the Company where such Company shall be such plaintiff complainant defendant or creditor or be a party to or otherwise interested in any process or proceedings as aforesaid for and on behalf of the Company to make any such affidavit deposition complaint or information sign or present any such petition or do any such other act as aforesaid for or on behalf of the Company.

22. The Directors for the time being shall have the custody of the common seal of the Company and the Directors of the Company or a majority of them shall have power to use such common seal or authorize the same to be used for the affairs and concerns of the Company and under such seal to authorize and empower any person without such seal to execute any deeds and do all or any such other

matters and things as may require to be executed and done for or on
behalf of the Company but it shall not be necessary to use the corpo­

rate seal in respect of any of the ordinary business of the Company or
for the appointment of any attorney or solicitor for the prosecution or

defence of any action suit or proceeding or of any officer or servant of the Company And such seal may be affixed to any deed or document whatsoever by two or more of the Directors of the Company in the presence of the Secretary for the time being and in pursuance of a resolution of the Board to that effect and the affixing thereof shall be

attested by such two or more Directors and the Secretary.

23. It shall be lawful for the said Municipal Council within one month after the expiration of five years from the date of the said gas being first used within the said Municipal District by notice in writing to require the said Company to sell and thereupon the said Company shall sell to the said Municipal Council the said Gas-works and all lands

and used by the said Company for the purpose of the said Gas-works at buildings works materials and plants of the said Company suitable to

such price as may be agreed upon such price in case of difference to be

referred to arbitration in the manner directed by the Act thirty-one Victoria number fifteen intituled "An Act to make Arbitration more effectual " and subject to the terms and conditions therein contained.

24. If it shall be proved to the satisfaction of any two Justices

of the Peace in Petty Sessions assembled that the Company or any of its officers have been guilty of any default under this Act not other­ wise provided for under this Act they shall be liable for each and every such default to a penalty not exceeding five pounds to be recovered in a summary way.

25. Any person may appeal from the judgment or conviction

of any Court of Petty Sessions under this Act in the form and manner set forth in the Act of Council fifth William the Fourth number twenty-two.

26. The following words and expressions in this Act shall have

the several meanings hereby assigned to them unless there be something

either in the subject or the context repugnant to such construction

that

that is to say Words importing the singular number only shall include the plural number and words importing the plural number only shall include also the singular number Words importing the masculine gender shall include females The word " person " shall include corpora­ tion whether aggregate or sole The word " month " shall mean calendar month The " corporation Company " shall mean the " Mudgee Gas­ light and Coke Company (Limited)" The expression " Gas-works " shall mean the gas-works and the works connected therewith by this Act authorized to be constructed The expression " Directors " shall mean the directors for the time being of the said " Mudgee Gaslight and

Coke Company (Limited)" The word "s t reet" shall include any square
court or alley highway railway tramway lane footpath road thorough­ fare or other passage footpath or place within the limits of this Act
The " corporation town and suburbs " shall comprise all the districts
which are included within a radius of two miles from the boundary of the Municipality of Mudgee Nothing contained in this Act shall prevent the said Gas-works being brought under the provisions of any general Act which may be passed by the Parliament of New South Wales applying equally to Companies engaged in the manufacture of gas in the said Colony with reference to the manufacture and sale of gas nor entitle the said Company to compensation from the public revenue by reason of the provisions of such general Act for the purpose aforesaid being made applicable to and binding upon the said Company.

27. This Act may be cited as the "Mudgee Gaslight and Coke Short title.

Company (Limited) Act of 1880 ."

S C H E D U L E .

PART I .

1. Regulations in respect of testing apparatus.

T h e appara tus fo r t e s t ing the i l lumina t ing power o f t he gas shall cons i s t o f an

approved form o f pho tome te r known toge the r with a proper m e t e r minu te c lock governor pressure gauge and ba lance T h e b u r n e r to bo used for t es t ing t he gas shall be an Argand b u r n e r having fifteen holes and a seven-inch c h i m n e y T h e candles used for t e s t ing the gas shal l be sperm candles o f six to the pound and two candles shal l be used toge the r .

2 . The apparatus.

For t e s t ing the p resence in the gas o f su lphure t t ed hydrogen a gla«s vessel

con ta in ing a str ip o f b ibulous paper mois tened with a so lu t ion o f a c e t a t e o f lead

con ta in ing	s ix ty gra ins o f crys ta l l ized ace t a t e o f lead	dissolved	in one	fluid	ounce o f
wa te r .

PART I I .

1. Rules as to made of testing gas.

Mode of testing for illuminating power—The gas in the photometer is to be

l igh ted a t leas t fifteen minu tes before the t e s t ings begin and it is to be kept con t inua l ly bu rn ing from the beg inn ing to t he end o f the tes t s E a c h t e s t ing shal l include ten

observat ions o f the pho tome te r made a t in te rva ls o f a minu te T h e consumption of gas

is to be careful ly adjusted to five cub ic fee t per hour T h e candles are to be l ighted a t

leas t t en minu te s before beg inn ing each t e s t ing so as to arr ive at the i r no rma l ra te o f

bu rn ing which is shown when the wick is s l ight ly ben t and t he t ip glowing The s tandard r a t e o f consumpt ion for the candles shall be one hundred and twen ty grains each pe r hour B e f o r e and a f te r m a k i n g each se t o f t e n observat ions o f t he pho tomete r the gas e x a m i n e r shal l weigh t he candles and i f combus t ion shall have been more or less per candle t h a n one hundred and t w e n t y gra ins per hour he shal l m a k e and r eco rd the

ca lcu la t ions r equ i s i t e to neu t ra l i ze t he effects o f th i s d i f ference T h e average o f each set

o f t e n observat ions is to be t a k e n as r ep re sen t ing the i l luminat ing power o f tha t tes t ing .

2 . Mode, of testing.

For sulphuretted hydrogen—The gas shall be passed through t he glass vessel

con ta in ing t he s t r ip o f b ibulous paper mois tened with the solut ion o f a c e t a t e o f lead for a per iod o f t h r e e minu tes or such longe r period as may be p resc r ibed and if any d iscolora t ion o f t he t e s t pape r is found to have t a k e n p lace this is held to be conclus ive

as to t he p resence o f su lphure t t ed hydrogen in t h e gas .

An