North Shore Gas Act of 1875 No nsg (NSW)

An Act to enable Charles W a t t and J a m e s W a l t e r Fel l to construct Gas W o r k s wi th in the Municipali t ies of Eas t St. Leonards Victoria St. Leonards and N o r t h Wi l - loughby. [23rd February, 1876.]

WH E R E A S i t is expedient t h a t t h e Municipal i t ies of Eas t St .

Leonards Victor ia St. Leonards and N o r t h W i l l o u g h b y be ing

suburbs of t he City of Sydney in t h e Colony of N e w South W a l e s should be supplied a n d l ighted wi th gas A n d whereas Charles W a t t and J a m e s W a l t e r Fe l l hereinafter designated t he promoters desire to establish and car ry out works for such purposes and o the r purposes incidenta l there to in t he said Munic ipal i t ies Be i t therefore enac ted

by t h e Queen ' s Mos t Exce l len t Majesty by and wi th t h e advice a n d

consent of t h e Legislat ive Counci l and Legis la t ive Assembly of N e w

South W a l e s in P a r l i a m e n t assembled a n d by the au thor i ty of t h e

same as follows :—

1. The promoters are hereby fully author ized and empowered themselves or by the i r servants cont rac tors agen t s w o r k m e n and others from t ime to t ime to m a k e erect sink lay place fit ma in t a in and repai r such re tor ts gasometers mete rs receivers cis terns engines mach ines cu ts drains sewers watercourses pipes reservoirs bui ldings and o the r works and devices of such cons t ruc t ion a n d in such m a n n e r as t h e p romote r s shall t h i n k necessary or proper for t h e purpose of ca r ry ing ou t t h e operat ions of t h e promoters in respect of a n d incidenta l to t h e m a k i n g and supply ing of gas in conformity wi th th i s A c t and also for all such purposes to open and break u p t h e soil a n d pavemen t of t h e

several s treets and br idges wi th in t h e l imi ts of t he munic ipal i t ies

aforesaid	and to open and break u p any sewers drains or t u n n e l s	w i th in
or u n d e r	such streets and bridges and to erect posts pi l lars l amps	l a m p -

irons and other appara tus in or u p o n t h e same streets and br idges or against any wal l or walls erected on or adjoining to any of t h e m and to dig and sink t renches a n d drains and to lay ma ins a n d pipes a n d p u t stop-cocks siphons p lugs or branches from such ma ins or pipes in unde r across or a long such streets and bridges and also wi th such consent as hereinafter ment ioned to do t h e l ike in unde r across or along any pr iva te roads ways lanes passages bui ldings and places a n d from t ime to t ime to cu t stop remove a l ter repai r replace a n d relay such main-pipes stop-cocks siphons p lugs branches or o ther appara tus Provided always t h a t no th ing in th is section conta ined

shall be deemed to author ize t h e promoters the i r servants cont rac tors

agents or workmen to enter in to or u p o n any private l ands bui ld ings or places for any of t h e purposes aforesaid or thereon to carry out any of t he operat ions of t h e promoters w i thou t t h e previous consent in wr i t ing of t he owners arid occupiers thereof except t h a t t h e promoters

may at any reasonable t ime by themselves the i r servants agents or workmen en te r upon any land or place where in any pipe h a t h already

been lawfully laid down or placed in pursuance of this A c t and repair or al ter t h e exis t ing pipe or lay or place any new pipe in t he stead thereof A n d provided also t h a t t h e promoters shall give for ty-eight

hours notice in wr i t ing to the Council Clerk of t he Munic ipa l i ty pr ior

to t he opening or b reak ing u p as aforesaid of any street road p a v e m e n t

sewer dra in or t u n n e l wi th in t h e said Munic ipa l i ty .

2. I t shall he lawful for t h e promoters to cont rac t wi th any person (whether incorpora te or individual) for supply ing with gas any such person or any s treet way lane passage manufac tory shop warehouse publ ic or pr iva te house bu i ld ing or place and for such purpose from t i m e to t ime to lay down carry fit u p connect a n d furnish any pipe b ranch or bu rne r l amp me te r or other appara tus from or in connect ion wi th any m a i n pipe or to lay down any new main which for such purposes m a y be requi red and to le t any such appara tus for h i re for such s u m as m a y be agreed , upon which sum m a y be recovered in l ike m a n n e r as a n y r e n t or r emunera t ion for t h e supply of gas Provided always t h a t in all cases where damage m a y be done by the p romoters the i r agents workmen or others in t h e course of laying on or r emov ing appa ra tus t h e said damage shall be made good a t t he expense of t h e p romote r s and in case t hey shall delay wi th in a reasonable t ime to m a k e good such damage t h e owner or occupier of such premises m a y m a k e good t h e same a n d recover t h e expense thereof from the said promoters in t h e same m a n n e r as is here in provided for t he recovery of any sum of money payable u n d e r t h e provisions of th i s A c t P r o ­ vided also t h a t if any owner or occupier of any bui ld ing t enement or place or any person ac t ing for h i m shall refuse reasonable access in p u r s u a n c e of t h e provisions of th i s section or t he fifth section of th i s A c t to t he cont rac tors agents w o r k m e n or servants of t he promoters for t he purpose of removing any such pipe b u r n e r mete r or appara tus placed or in t roduced in to any such bui ld ing t enemen t or place by t h e p romote r s or shal l p revent or obst ruct such removal then the said owner occupier or person ac t ing for h im shall immediate ly m a k e p a y m e n t to t h e promoters for such pipe bu rne r me te r or appara tus and in default of his so doing wi th in th ree days after demand thereof m a d e a t t h e same bu i ld ing t e n e m e n t or place or t h e residence of t h e par ty it shall be lawful for t h e promoters to m a k e compla in t thereof before a n y 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 m a k i n g defaul t cal l ing on h i m to shew cause before t he

Cour t of P e t t y Sessions of t h e Pol ice Distr ict where t he bui ld ing t e n e m e n t or place is s i tuated why he refuses to pay such demand and thereupon t h e said Cour t shall proceed to t he adjudication and enforce­ m e n t of such demand in t h e m a n n e r hereinafter set forth A n d if any person shall p lace or lay a n y pipe to communica t e wi th any main-pipe m e t e r or o ther appa ra tus already laid placed or erected by t h e said p romote r s or shall use addi t ional bu rne r s or bu rne r s of la rger d imen­

sions or of other k ind or description t h a n t h a t he has cont rac ted wi th

t h e p romoters to use or shall keep t h e gas supplied by t h e promoters

b u r n i n g for a longer t ime t h a n he has cont rac ted wi th t h e promoters to pay for or shal l supply any person wi th any of t he gas supplied to h i m by the p romote r s w i thou t the i r consent in wr i t i ng first obtained or if

a n y person shall wan ton ly or maliciously h inder or i n t e r rup t t h e con­

t rac tors w o r k m e n agen t s or servants of t h e promoters in legally doing or performing any of t he acts 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 accidenta l ly do or cause to be done any injury or damage to any of t h e bui ld ings mach ine ry pipes burners lamps meters or appara tus of the p romote r s or remove t h e same or cause a waste or improper use of gas supplied by the promoters it shall be lawful for t he promoters to m a k e a compla in t 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 offending to appear before t h e Cour t of P e t t y Sessions of t he Police Dis t r ic t where such offence shal l be commi t t ed and be ing thereof lawfully convicted such person shall forfeit and pay to t he p romoters 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 Cour t and to be enforced by

distress

distress and all proceedings unde r th is A c t not here in expressly pro­ vided for shall be regula ted and conducted in accordance wi th t h e powers of t he 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 all such provisions shal l so far as t he same are appl icable be enforced and observed in all pro­ ceedings unde r th is A c t not here in expressly provided for.

3. N o pipe bu rne r l a m p me te r or o ther appa ra tus of t h e

promoters be ing set u p in any bu i ld ing t e n e m e n t or place shal l be subject to distress for r en t or shall be t a k e n in execut ion unde r any process or proceeding of any Cour t of L a w or E q u i t y or u n d e r any proceedings in b a n k r u p t c y or insolvency save so far as any processes or proceedings agains t t he p romoters are concerned.

4 . W h e n a n d so often as t h e promoters the i r servants cont rac tors

agents or w o r k m e n shall have opened broken u p or removed t h e soil or pavemen t of any street or br idge as aforesaid or shall have opened or broken u p any sewers dra ins or t unne l s wi th in or u n d e r any such streets or br idges t he promoters shall m a k e all reasonable despa tch in performance of t h e work to be done and shall on complet ion of such work for thwith carry away all rubb i sh and waste or su rp lus mater ia l and re ins ta te such pavemen t stone or o ther mater ia l a n d

render such s t ree t or br idge and every such sewer dra in and t u n n e l

Avithin or u n d e r t he same as near ly as possible in t he same condi t ion as i t was in previously to t he d is turbance thereof and dur ing t h e cont inuance of such work and un t i l such re ins ta tement t he promoters

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 prevent accidents A n d also w h e n a n d so often as any gas

p i tch waste t a r was te l iquid or o ther th ings shall escape or flow from

any pipe receivers or drain be ing pa r t of or incidental to t h e works to

be erected unde r th is A c t so as to con tamina te t h e air or any s t r eam

spr ing or other watercourse or body of water n a t u r a l or artificial a n d render t h e same unhea l thy or offensive or unfit for use i t shall be lawful for any person to give not ice thereof in wr i t ing to t h e p romote r s who shall immedia te ly t ake t he mos t speedy and effectual measures to p reven t or r emedy the same and if t h e promoters shall m a k e defaul t in any of t h e m a t t e r s so required by h i m to be performed it shal l be lawful for any person to lodge compla in t thereof before any Just ice of t h e Peace who may s u m m o n the promoters before t he neares t Cour t of P e t t y Sessions and on proof of such default t h e said Cour t of P e t t y Sessions shall order and direct t h a t t h e said ma t t e r s shall be done by

the promoters wi th in a reasonable t i m e 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 h e P eace

on proof of such default on t he pa r t of t h e promoters and on proof t h a t t h e compla inan t or any other person has performed t h e said work so to be done a n d of t h e costs charges a n d expenses a t t end ing t h e

same shall issue a distress w a r r a n t against t he goods a n d chat te ls of

t h e p romote r for any a m o u n t no t exceeding t h e said charges a n d expenses a n d t h e cost of p rosecu t ing such compla in t to be paid to t h e person performing the said work as aforesaid.

5. I t shall be lawful for t h e promoters to cu t off and t ake away

the supply of gas from t h e bui ld ing t e n e m e n t or other place of every

person or body m a k i n g default in p a y m e n t after giving twenty-four hours not ice to t he occupier and thencefor th to discont inue t h e supply of gas con t rac ted for wi th t h e promoters by such person or body and to en te r by himself his agents or w o r k m e n in to such bui ld ing or t e n e m e n t or place between the hours of n ine in t h e forenoon and four in t h e afternoon and remove and car ry away a n y pipe bu rne r s l amp m e t e r

or o ther appara tus t h e proper ty of t h e p romoters and t h e p romote r s

shall have t h e l ike powers wi th regard to c u t t i n g off t a k i n g away and discont inuing the supply of gas in t he case of t h e bu i ld ing

t e n e m e n t

t enemen t or place of any person who shall have been lawfully convicted as hereinbefore provided of any fraudulent injury to any me te r or appara tus on such premises or f raudulent use of the gas of t he pro motors A n d in case any person or body who shall contract wi th the promoters or agree to t ake or shall t ake or use the gas of t h e p romote rs in any bui ld ing t enemen t or place or otherwise shall refuse or neglect to pay the sum or sums of money then due under his or thei r contract for the same to t h e promoters according to t he t e rms and st ipulat ions thereof i t shall be lawful for t h e promoters to m a k e compla in t of such refusal or neglect before any Jus t i ce of the Peace w ho m a y cause to be issued a summons to t he pa r ty so refusing or neglec t ing call ing or h i m or t h e m to show cause before t he Court of Pe t t y Sessions in the police distr ict in which such bu i ld ing t enemen t or place is s i tuated or such user took place why he or t hey refuses or refuse to pay such s u n or sums and the reupon the said Court shall proceed to t he adjudication of t he said compla in t and enforcement of t he said demand and costs charges and expenses incurred in t h e prosecution thereof by distress and sale of t h e goods and chat te ls of t he person or body so refusing or neglec t ing to pay.

6. The clerk engineer or o ther officer duly appointed for such p u r p o s e by the promoters may a t all reasonable t imes enter any build­ ing t enemen t or place l ighted wi th gas supplied by the promoters in order to inspect t he pipes bu rne r s lamps mete rs or o ther appara tus or or connected wi th t he works of t he promoters to regu la te t h e supply or gas or to ascer ta in t h e quan t i ty of gas consumed or supplied and it a n y person shall h inder any such officer as aforesaid from so entering or m a k i n g such inspect ion as aforesaid a t a n y reasonable t ime such person shall for every such offence forfeit and pay to t he promoters a s u m of money no t exceeding five pounds to be awarded a n d recovered

b y t h e promoters in l ike m a n n e r as t h e penal t ies aforesaid.

7. A n y person m a y appeal from the j u d g m e n t or conviction of

a n y Cour t of P e t t y Sessions under th i s A c t in t he form and m a n n e r set forth in t h e Ac t of Council fifth Wi l l i am t h e Four th number twenty- two.

8. N o t h i n g in th i s A c t contained shall be const rued to prevent

any person from indic t ing or otherwise proceeding ei ther civilly or cr iminal ly agains t t h e promoters for nuisance or otherwise in respect of the works or means used or employed by the promoters in exercis ing t h e privi leges hereby on t h e m conferred or to prevent the promoters or

a n y person from recover ing any s u m of money or otherwise proceeding

i n any Cour t of competen t jur isdic t ion b u t the promoters or any person

t o w h o m any pena l ty or s u m of money m a y by the provisions of th is

A c t be awarded m a y elect e i ther to proceed in m a n n e r in th i s Ac t provided or to proceed for and recover damages or otherwise in any Cour t of competen t jur isdic t ion nor shall any th ing here in contained l imi t res tr ic t or in any m a n n e r affect t h e r igh t of any munic ipa l i ty or of any o ther person or company hereafter empowered by the Legis la ture to supply gas to t h e said municipal i t ies or o ther place or to exercise any power which it m a y be deemed expedient or necessary to g ran t

for t h a t purpose.

9 . The following words and expressions in this Ac t shall have

t h e mean ing hereby assigned to t h e m unless t he r e be something ei ther

in t h e subject or con tex t r e p u g n a n t to such const ruct ion The word

" p r o m o t e r s " shall m e a n the said Charles W a t t and J a m e s W a l t e r

Pe l l the i r representa t ives or assigns owners for t he t ime being of t h e

N o r t h Shore Gas W o r k s The expression " N o r t h Shore Gas W o r k s "

shall m e a n the gas works a n d the works connected the rewi th by th is

A c t author ized to be cons t ruc ted The word " s t ree t " shall inc lude any square cour t or alley h ighway lane road thoroughfare or other

passage

passage or place wi th in t he l imits of th is A c t The expression " M u n i ­

cipalities of E a s t St . Leonards Victor ia St. Leonards and N o r t h W i l - loughby " shall comprise all those distr icts which are included wi th in t h e proclaimed boundaries of t h e said municipal i t ies Provided t h a t i t shall be lawful for t h e Governor a t any t ime by proclamat ion in t h e Gazette to order t h a t th i s mean ing of t h e expression last aforesaid m a y for t h e purposes of th is Ac t be ex tended to include any such o ther place or places as in such proclamat ion m a y be named and denned .

10. The said promoters shall wi th in two years from the pass ing of th i s A c t erect sui table gas works a n d premises in one or o ther of t h e said Munic ipa l i t ies and manufac tu re gas otherwise t h e powers conferred by th i s A c t shal l cease and determine.

1 1 . This A c t m a y be cited as t he " N o r t h Shore Gas A c t of

1875 . "