Penrith Water and Gas Supply Act of 1886 No pwg (NSW)
An Act to enable Thomas Sellwood Hun t l ey and W a l t e r Ba rna rd to establish a sys tem of W a t e r Supply and to construct Gas works wi th in t he Borough and Suburbs
of Pen r i t h . [25th October, 1886.]
WH E R E A S it is expedient
t h a t t he Borough of P e n r i t h and its
| Suburbs in t he Colony of N e w South W a l e s should be provided w i t h a n adequate supply of water proper ly | filtered | from t h e Nepean |
| River and should be supplied and l ighted wi th gas | A n d whereas |
Thomas Sellwood H u n t l e y and W a l t e r Barnard hereinafter designated t h e promoters desire to establish and carry out works for such purposes and other purposes inc identa l the re to in t h e said Borough and Suburbs A n d whereas t he Munic ipa l Counci l of t he said Borough have a t the request of t h e said Thomas Sellwood H u n t l e y and W a l t e r Ba rna rd a n d in considerat ion of t he benefits to arise from the establ ish m e n t and ca r ry ing out such works consented to t h e ves t ing in the said Thomas Sellwood H u n t l e y and Wal te r B a r n a r d of al l necessary powers a n d author i t ies so far as t he r igh t s and interests of t he said Mun ic ipa l Counci l arc concerned Be i t therefore enacted by the
| Queen ' s most Exce l l en t Majes ty by and w i t h | t he | advice | and | consent |
| of t he Legis la t ive Council and Legis la t ive Assembly of N e w | South |
| W a l e s in Pa r l i amen t assembled | and | b y the au thor i ty of t h e | same | as |
| f o l l o w s : — |
P A R T I .
| Preliminary—Towers | and duties of the promoters | as to Water | and |
Gas supply &c.
1. This Ac t m a y be ci ted as the " P e n r i t h W a t e r a n d Gas
| Supply A c t of | 1886" | I t s | provisions | are a r ranged unde r Live Pa r t s |
| embrac ing | t h e following | sub jec t s— |
P A R T I . — P r e l i m i n a r y — P o w e r s and duties of the promoters as to water and gas supply &c.
P A R T I I .—Specia l provisions as to water supply.
P A R T I I I .—Spec ia l provisions as to gas supply.
P A R T IV.—The acquisition and occupation by the promoters of
x
lands for purposes of water supply—ascertainment of compen sation in respect thereof.
P A R T V.—Miscellaneous provisions—Legal procedure.
A n d in t he cons tuct ion of this A c t t he following words and expressions in inver ted commas shal l unless the re be someth ing in t he contex t r e p u g n a n t the re to or inconsis tent t he rewi th bear t he meanings and inc lude t he persons or th ings hereby respectively set agains t such words and expressions tha t is to say :—
" Cent ra l A u t h o r i t y " — T h e Board of W a t e r Supply and Sewerage;
—or un t i l such Board shal l be cons t i tu ted t h e Minis te r for
Pub l i c W o r k s .
" C o n d u i t " — T h e canals t unne l s aqueduc t s cu t t ings or pipes by means of which the ma in s t ream of wa te r is supplied to t he
said Borough or Mun ic ipa l Distr ic t . " Governor"—The Governor wi th t he advice of the Execu t ive
Council .
" J u s t i c e " — A n y Jus t i ce of t he Peace. " O w n e r " —
" O w n e r " — A n y person who is in t he receipt of t h e r en t s and profits of any house manufac to ry or bui ld ings of whatsoever
k ind or of any land.
" S t r e e t " — A n y square cour t alley h i g h w a y ra i lway t r a m w a y lane road tho roughfa re or other passage footpath or place whe the r
pub l i c or p r iva te wi th in t h e l imits of th is Act .
" W a t e r D i s t r i c t " — T h e area w i th in which water is author ized to
be supplied to t h e inhab i t an t s of t he said Borough or M u n i
cipal Dis t r ic t .
" P r o m o t e r s " — T h e said Thomas Sellwood H u n t l e y and W a l t e r
Ba rna rd the i r representa t ives or assigns owners for t h e t i m e
be ing of t h e P e n r i t h W a t e r w o r k s and Gasworks.
" G a s w o r k s " — T h e Gasworks and works connected t he rewi th
by th is Act au thor ized to be cons t ruc ted .
" Town and Suburbs of P e n r i t h " — A l l t he distr icts which are
included wi th in t he Munic ipa l i ty of Pen r i t h . 2. Before t he p romoter shal l p u t in to force any of t h e provisions
conta ined in th is P a r t w i t h respect to t h e acquisi t ion of land otherwise t h a n b y ag reemen t t he following conditions and provisions shal l be obse rved :—
(I)
The promoters shal l publ i sh once a t t he least in each of t h ree consecutive weeks in some local newspaper c i rcula t ing in t h e Munic ipa l i t y a not ice describing short ly t h e n a t u r e of t he unde r t ak ing in respect of which i t is proposed to t ake any land n a m i n g the Counci l Chamber s as t he place w h e r e a
p lan of t h e proposed u n d e r t a k i n g m a y be seen a t all reason
able hours and s ta t ing t h e q u a n t i t y of lands requi red . (II) The promoters shall serve a not ice on every owner or repu ted
owner lessee or r epu t ed lessee and occupier of such landsdefining in each case t h e pa r t i cu la r l ands in tended to be
t a k e n and requ i r ing an answer s t a t ing whether t h e person so served assents dissents or is n e u t r a l in respect of t a k i n g such lands .
(III) On compliance wi th t he provisions of this section wi th re spect to notices t he promoters may if t hey t h i n k fit p resen t a pet i t ion to t he Governor a n d such pe t i t ion shall s ta te t h e lands in tended to be t a k e n and t h e purposes for which t hey are requi red and t h e names of t h e owners lessees and occupiers of lands who have assented dissented or are n e u t r a l in respect to t he t a k i n g such lands or who have re tu rned no
answer to t h e not ice A n d i t shal l p ray t h a t t he promoters
m a y w i t h reference to such lands be al lowed to p u t in forcet he powers contained in P a r t I V of th i s A c t w i th respect to t h e acquis i t ion of lands otherwise t h a n b y ag reemen t and such p raye r shall be suppor ted by such evidence as t he
Governor m a y requi re .
(IV) On t h e receipt of such pe t i t ion and on due proof of t he proper notices hav ing been publ i shed and served the Governor shall l ake s u c h pet i t ion in to consideration and m a y e i ther dismiss t h e same or d i rect a local inqui ry as to t he propr ie ty of assent ing to the p rayer of such pe t i t ion b u t un t i l such i nqu i ry has been m a d e no provisional order shal l be m a d e affecting any lands w i thou t t h e consent of t h e owners lessees and occupiers thereof.
(v) After t h e complet ion of such inqu i ry t h e Governor m a y b y provisional order empower t he p romote r s to p u t in force wi th reference to t h e lands referred to in such order t he powers of t h e said P a r t wi th respect to t he acquis i t ion of lands
otherwise t h a n b y ag reemen t or a n y of t h e m a n d e i ther
absolute ly
absolutely or w i t h such condit ions and modifications as t h e Governor m a y t h i n k fit and i t shall be t h e d u t y of t he p romoters to serve a copy of any order so made in the m a n n e r and on t h e person in which and on w h o m notices in respect of such lands are requi red to be served.
P A R T I I .
Special provisions as to Water Supply.
| 3. Subject to t h e provisions of th i s Ac t t h e promoters m a y exercise any of t he powers in th is P a r t contained for t h e | cons t ruc t ion |
| of | wa te rworks for t h e supply of wa te r from t h e | N e p e a n River to t he |
| town and | suburbs of P e n r i t h a n d | for t h e purpose of carrying out | t he |
| provisions of th i s A c t promoters | m a y |
(I) E n t e r upon any lands and t a k e levels of t h e same and set ou t such pa r t s thereof as they shal l t h i n k
necessary
(II) E n t e r u p o n t a k e and hold such l and as they m a y from t i m e
to t i m e deem necessary for t h e cons t ruc t ion and ma in t enance of any of t h e works authorized or t ransferred b y th is A c t or for ob ta in ing or en la rg ing t h e supply of wa te r or for improving
t h e qua l i ty thereof for t h e purposes of th is A c t (III) E n t e r upon a n y Crown or p r iva te lands streets roads or thoroughfares and lay or p lace the re in any pipes and m a y repai r a l te r cu t off or remove t h e same and m a y enter upon any such lands s t reets roads or thoroughfares for t h e purpose of repa i r ing any watercourses or other works be ing the i r
p roper ty or u n d e r thei r control
Provided always t h a t in t h e exercise of a n y of t h e powers he reby con ferred t h e p romoters shall inflict as l i t t le damage as m a y be and in all cases where i t can be done shall provide other water ing-places drains and channe ls for t he use of adjoining lands in p lace of any t a k e n away or in t e r rup ted b y t h e m and shall m a k e full compensat ion to all par t ies
| in teres ted | for al l | damage | sustained | by | t h e m | t h r o u g h | t h e exorcise of |
such powers Provided never theless t h a t t h e p romoters shall no t be l iable to m a k e compensat ion in respect of a n y damage sustained by reason of t h e t a k i n g of water from the said river.
4 . E v e r y person who shall wilfully obst ruct any person ac t ing
| unde r t he | au thor i ty of | t h e promoters | in | se t t ing | out t h e l ine of any |
| works | u n d e r t a k e n | unde r t h e au thor i ty | of this | P a r t | or pu l l u p or | remove |
any poles or s takes dr iven in to t he g round for t h e purpose of se t t ing o u t t he l ine of such works or destroy or in jure any works so under t aken as aforesaid shall i ncu r a penal ty not exceeding five pounds for every such offence.
5. If any person un lawful ly and maliciously destroy or d a m a g e or a t t e m p t to destroy or damage a n y reservoir d a m t a n k t u n n e l water course sluice m a i n pipe aqueduc t br idge road way or engine or other p a r t wha teve r of t h e works of t he promoters every such offender shall be gui l ty of felony and shall be l iable to be imprisoned for any t e r m no t exceeding t en years .
6. The promoters m a y open and b reak up the soil and pavemen t of t he several streets and bridges w i th in t h e l imits of i ts water dis tr ict and m a y open and break u p any sewers drains or tunne l s wi th in or unde r such streets a n d bridges and lay down and place wi th in t h e same l imits pipes condui ts service-pipes and other works and engines and f rom t ime to t ime repair a l ter or remove t h e same and for t h e purposes aforesaid remove and use all ear th a n d mater ia l s in and
under
u n d e r such streets and bridges and do al l o ther acts which t h e promoters shall from t ime to t ime deem necessary for supp ly ing water
to t h e inhab i t an t s of t he distr ict inc luded wi th in the said l imi ts . 7. W h e n the promoters shall open or break u p the road or
p a v e m e n t of any s t reet or b r idge or any sewer dra in or t u n n e l they shal l w i t h all convenient speed complete t h e work for wh ich t h e same shal l be broken u p a n d fill in the g round and re ins ta te and m a k e good t h e road or p a v e m e n t of t h e sewer dra in or t u n n e l so opened or b roken u p and ca r ry away the rubbish occasioned the reby A n d shal l a t a l l t imes whi ls t any such road or pavement shall be so open or b r o k e n u p cause the same to be fenced and guarded a n d shall cause l igh t suffi cient for t h e w a r n i n g of passengers to be set u p a n d k e p t t he re for
every n igh t du r ing wh ich such road or pavemen t shall be cont inued open or b roken u p . 8. The promoters shall not be liable (in t he absence of express s t ipulat ion u n d e r any ag reemen t for t he supply of water) to any pena l ty or damages for not supply ing such wa te r if t h e w a n t of such supp ly arises from u n u s u a l d rough t or o ther unavoidable cause or accident .
9. The promoters m a y supply a n y person w i t h wa te r for
domest ic or other purposes b y measure a t such ra tes upon such t e rms and subject to such condit ions as may be agreed upon by t h e pro moters and the person requ i r ing to be supplied.
10. The promoters m a y let for h i re to any consumer of wa te r supplied by measu re a n y me te r or i n s t r u m e n t for measur ing the quan t i t y of water supplied and consumed and any pipes and appa ra tu s for t h e conveyance recept ion or s torage of t h e wa te r for such remu nera t ion in money as m a y be agreed upon be tween the promoters a n d the consumer which shall be recoverable in t he same m a n n e r as ra tes due to t h e p romoters for water .
1 1 . Such mete r s i n s t rumen t s pipes and appa ra tus shall n o t be
subject to distress for r en t of t h e premises where t he same are used or to be a t t ached or t a k e n in execut ion u n d e r any process of any Cour t of L a w of E q u i t y or unde r or in pur suance of any sequestra t ion or order in insolvency or o ther legal proceedings agains t or affecting t he consumer of t h e wa te r or t h e occupier of t he premises or o ther t h e person in whose possession the mete rs pipes i n s t rumen t s and appa ra tus may be .
12. E v e r y person who shall have agreed wi th t he promoters for a supply of wa te r by measu re shall a t his own expense unless h e hi re a me te r from the promoters provide a mete r and keep a n d m a i n t a i n t he same in good work ing condit ion to t he satisfaction of such officer
as m a y be appoin ted by t h e promoters and in t h e even t of any repairs be ing required not ice in wr i t ing shall be immedia te ly given by such
person to t h e promoters and a regis t ra t ion of t he quan t i t y used shall be t a k e n before such repairs are effected.
13 . E v e r y person r equ i r i ng to remove or al ter t he position of
any me te r shall leave six days not ice in wr i t ing to t h a t effect a t t he registered office of t he promoters hereinaf ter ment ioned and a registra t ion of t h e quan t i t y of wa te r used shall be t a k e n before such removal
or a l tera t ion is made .
1 1 . If a n y person refuse or delay to have such m e t e r p roper ly
repaired and p u t in correct work ing order after hav ing been requ i red by a n y officer of t h e promoters so to do the promoters m a y s h u t off t h e supply of water from the premises of such person e i ther b y cut t i n g the service-pipe or otherwise u n t i l such mete r shall have been proper ly repaired and certified by some officer of t h e promoters as be ing in proper work ing order.
15 . I f a n y p l u m b e r or other person fix or refix a n y me te r upon
a n y premises supplied wi th water by t he promoters w i thou t hav ing first obtained a certificate from t h e promoters t h a t t h e said me te r has been examined and found in correct work ing order he shal l forfeit a
sum no t exceeding t en pounds . 16.
16. I f any person remove or a l ter t he position of or in any way interfere w i th any mete r w i t h o u t g iv ing such not ice as afore said he shall for each such offence forfeit a s u m n o t exceeding twenty pounds Provided t h a t t he promoters shall a t all t imes have an office
| in t he Town of | P e n r i t h | and shall register t h e | same a t t h e | Counci l |
| Chamber of t h e said Munic ipa l Council a t | Penr i th . |
17. The officers of t he promoters may enter any house bui ld ing or lands to t h r o u g h or in to which wa te r is supplied by t h e p romoters by measure in order to inspect the me te r s in s t rumen t s pipes and appa ra tus for the measur ing conveyance recept ion or storage of water or for t h e purpose of ascer ta ining the quan t i t y of wa te r supplied or consumed and m a y from t ime to t ime en te r any house bu i ld ing or lands for t h e purpose of r emoving a n y me te r i n s t r u m e n t p ipe or appa ra tu s t he proper ty of t h e promoters and if any person hinders a n y such officer from en te r ing or m a k i n g such inspection or effecting such removal he shall for each such offence be liable to a pena l ty no t exceeding five pounds b u t except wi th the consent of a Jus t i ce a power of en t ry shall be exercised only be tween the hours of t en in t he forenoon and four in t h e afternoon.
18. I n all the pipes to which any fire-plug is fixed the promoters shal l provide and keep cons tant ly laid on for use unless p reven ted by u n u s u a l d rought or other unavoidable accident or dur ing necessary repairs a sufficient supp ly for t h e following purposes ( that is to say) for c leansing the sewers and drains for c leansing and wa te r ing the streets and for supply ing any publ ic hospitals or char i tab le ins t i tu t ions
| or any publ ic p u m p s ba ths and washhouses t h a t | m a y be | established |
for t he use of t he inhab i t an t s and paid for out of any munic ipa l rates and such supply shall be provided a t such rates a n d upon such t e rms and condit ions as m a y be agreed upon by the said Munic ipa l Council a n d t h e promoters or in case of d isagreement as shall be sett led by two Jus t i ces .
19. The promoters a t t he request of t he Munic ipa l Counci l shall fix proper fire-plugs in t he m a i n and o ther pipes be longing to t h e m at such convenient distances and a t such places as they m a y consider proper and convenient for the supply of water for ex t ingu i sh ing any fire which m a y b reak out w i th in t he Borough A n d shall from t ime to t ime renew and keep in effective order every such fire-plug A n d shall p u t u p a publ ic notice in some conspicuous place in each street in which such fire-plug is s i tuated showing its s i tuat ion A n d such
| not ice may be p u t u p on any house or bu i ld ing in such street | A n d as |
| soon as such fire-plug is completed t hey shall deposit a key thereof in |
| each place where a n y publ ic | fire-engine | is kep t | The cost of such fire |
p lugs and the expense of fixing p lac ing and ma in t a in ing t h e same in repair and of supply ing such keys as aforesaid shall be defrayed by t h e
| said Munic ipa l | Council . |
20. The promoters m a y at the reques t and expense of the owner or occupier of any manufac to ry or works s i tua ted in or near any s treet or road in which or wi th in two h u n d r e d yards of which the re shall be a pipe of the promoters place and m a i n t a i n in effective order a fire
| p lug (to be used only for ex t ingu i sh ing | fires) | or near as convenient ly |
| m a y be to such manufac to ry or works . |
2 1 . The promoters shall a t all t imes keep charged with wa te r al l
thei r pipes to which fire-plugs are fixed unless p reven ted by d rough t or other unavoidable cause or accident or du r ing necessary repairs A n d shall allow all persons a t all t imes to fake and use such water for t h e purpose only of ex t ingu i sh ing fire wi thou t m a k i n g compensat ion for t h e same,
22. If except when prevented as aforesaid t he promoters neglect
or refuse to fix re ta in or repa i r such fire-plug or to furnish to the
Munic ipa l
Munic ipa l Council a sufficient supp ly of water for t h e pub l i c purposes aforesaid upon such t e rms as shall have been agreed on or set t led as aforesaid or if except as aforesaid t hey neglect to keep the i r pipes charged as aforesaid or neglec t or refuse to furnish to a n y owner or occupier l iable to be r a t ed unde r this A c t d u r i n g any p a r t of the t ime for w h i c h such rates have been paid or tendered they shall be l iable to a p e n a l t y of fifty pounds and shal l also forfeit to t h e said Mun ic ipa l Council or to every person hav ing paid or tendered t h e ra te t h e s u m of t w e n t y shil l ings for every day d u r i n g winch such refusal or neg lec t shall con t inue after no t ice in wr i t ing shal l have been given to t h e p romoters of t he w a n t of supply.
23. Af ter pipes have been laid u n d e r t h e au tho r i t y of th i s A c t
for t h e supply of water to any street or pa r t thereof t h e promoters shal l cause a notice in t h e form conta ined in t h e F i r s t Schedule here to or to t h e l ike effect to be publ ished in four consecut ive n u m b e r s of some
newspaper c i rcu la t ing in t h e b o r o u g h or distr ict and t h e owner or occupier of every t e n e m e n t referred to in such notice shal l w i t h i n four weeks from t h e da te of t h e las t publ ica t ion of such not ice cause a proper pipe and stop-cocks to be laid so as to convey a supply of water to such t e n e m e n t A n d after four teen days from such last publ ica t ion t h e owner or occupier of such t e n e m e n t shall unless t he promoters refuse to supply h i m wi th wa te r be l iable to pay t h e ra tes and charges for such supply a l t h o u g h no such pipe a n d stop-cocks be laid or no such water be used in such t enemen t .
24. A n y owner or occupier of a n y dwel l ing-house or p a r t of a
dwell ing-house wi th in t h e town and suburbs of P e n r i t h who shal l wish to h a v e wa te r from t h e waterworks of t he promoters b r o u g h t in to his premises and w h o shall have paid or tendered to t h e p romote r s t h e port ion of wa te r ra te in respect of such premises by this A c t d i rected to be paid in advance m a y open t h e g round be tween the pipes of t h e promoters and his premises h a v i n g first obta ined the consent of t h e owners a n d occupiers of such ground and lay any pipes from such premises to communica te w i t h t h e pipes of t he promoters .
25 . Such pipes shall be of a s t r eng th and mater ia l approved of
by some officer of t h e promoters a n d every such owner or occupier shall before he begins to lay any such pipe give to t h e promoters two days not ice of h is in t en t ion to do so.
26. Before a n y pipe is m a d e to communica te w i th t he pipes of
t he promoters t h e person i n t e n d i n g to lay such pipes shal l give twodays not ice to t h e promoters of t he day and hour w h e n such pipe is
in tended to be m a d e to communica t e wi th t he pipes of t h e p romoters
and every such pipe shall be so m a d e to communica te u n d e r t h e super
in tendence and according to t h e direct ions of t h e surveyor or o ther officer appoin ted for t h a t purpose by t h e p romote r s A n d t h e bore of
such pipe shal l no t exceed th ree -qua r t e r s of a n inch except w i t h t h e consent of t h e promoters . 27. A n y person w ho shall have laid down a n y pipe or o ther works or who shal l have become t h e propr ie tor thereof m a y remove t h e same after h a v i n g first given six days not ice in wr i t ing to t h e promoters of his in tent ion so to do and of t h e t i m e of such proposed removal and every such person shal l m a k e compensa t ion to t h e pro mote r s for any in ju ry or damage to the i r pipes or works wh ich m a y b e caused by such removal .
28. A n y such owner or occupier m a y open or b r e a k u p so m u c h
of t h e p a v e m e n t of any as shall be be tween t h e pipes of t h e promoters and his house bu i ld ing or premises and a t any sewer or dra in there in for a n y such purpose as aforesaid (doing as l i t t le d a m a g e as m a y be
and m a k i n g compensat ion for any damage done in t h e execut ion of any such work) Provided a lways t h a t every such owner or occupier
desiring
desi r ing to b reak u p t h e p a v e m e n t of a n y s treet or a n y sewer or dra in the re in shall be subject to t he same necessi ty of giving previous not ice and shall bo subject to t h e same control restr ic t ions a n d obligations in and dur ing t h e t ime of b reak ing u p t h e same a n d also re ins ta t ing t h e same and to the same penal t ies for anyde l ay in regard the re to as t he promoters are subject to u n d e r t h e provisions of th i s P a r t Provided also t h a t t he service ma ins shall be laid in t h e cen t re of t h e s treets .
29. If any person supplied wi th water by t he promoters wrong
| fully does or causes or | pe rmi t s | to | be done a n y t h i n g | in | con t raven t ion |
of a n y of t h e provisions of th i s P a r t or wrongful ly fails to do a n y t h i n g winch under any of those provisions o u g h t to be done for t h e pre vent ion of t h e waste misuse u n d u e consumpt ion or con tamina t ion of
| t h e wa te r of t h e promoters | the p romoters | m a y (wi thout pre judice | to |
| a n y r emedy aga ins t h i m in respect thereof) | c u t | off any of t he | pipes |
| by or t h r o u g h which wa te r is suppl ied to h i m or for his use and | m a y |
| cease to supply h i m w i t h wa te r so long as t h e | cause of i n ju ry r emains |
| or is n o t remedied. |
30. I f any person supplied wi th water by t h e promoters wil fully or neg l igen t ly causes or suffers any pipe valve cock cistern b a t h soil-pan water-closet or o the r appa ra tus or receptacle to be out of repai r or to be so used or contr ived tha t t he wa te r suppl ied to h i m by t h e promoters is or is l ikely to be was ted misused u n d u l y consumed or con tamina ted or so as to occasion or allow the r e t u r n of foul air or o ther noisome or impure m a t t e r into any pipe be longing to or connected w i t h t he pipes of t he promoters he shall for every such offence be l iable to a pena l ty no t exceeding five pounds .
3 1 . I f any person—
(I.) N o t hav ing from t h e promoters a supply of wa te r for o ther t h a n domestic purposes uses for o ther t h a n domest ic purposes any wa te r supplied to h i m by t h e promoters or
(II.) H a v i n g from t h e promoters a supply of wa te r for any purpose o ther t h a n domest ic uses such wa te r for any purpose other t h a n those for which he is en t i t led to use t h e same
he shal l for every such offence be l iable to a pena l ty no t exceeding for ty shi l l ings wi thou t pre judice to t h e r i g h t of t h e promoters to recover from h i m t h e value of t he wa te r misused.
32. I t shal l no t be lawful for t h e owner or occupier of any
premises supplied w i t h wa te r by t he promoters or any consumer of t h e
water of t he promoters or any o ther person to affix or cause or pe rmi t
| to be affixed any pipe or appara tus to a pipe be longing to or used by such owner occupier consumer or any other person or to m a k e a n y | al terat ion in any such communica t ion or service pipe or in a n y | ||
| appa ra tus connected the rewi th wi thou t t he consent in every such case of the promoters A n d if a n y person acts in a n y respect in contra vent ion of t he provisions of t he present section he shall for every such offence be l iable to a pena l ty n o t exceeding five pounds w i t h o u t p re judice to the r igh t of t he promoters to recover damages from h im in respect of any in jury done to the i r p roper ty and wi thou t prejudice to | |||
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| 33. If any person no t be ing supplied w i t h wa te r by t he pro- motors wrongful ly takes or uses a n y wa te r from any reservoir water course condui t or p ipe be longing to t h e promoters or from a n y pipe l ead ing to or from any such reservoir watercourse condui t or p ipe or from any cistern or o ther l ike place con ta in ing wa te r be longing to t h e promoters or supplied by t h e m for t he use of any consumer of t he wa te r of t he promoters ho shall for every such offence bo l iable to a pena l ty n o t exceeding five pounds . |
34. T h e surveyor or o the r person appo in t ed for t h a t purpose by t h e promoters m a y be tween t h e hou r s of t e n o 'clock in t h e forenoon and four o 'clock in t h e af ternoon en te r in to any house or premises supplied wi th wa te r by t he promoters in order to examine if t h e r e be a n y waste or misuse of such wa te r and if such surveyor or o ther person a t any such t ime be refused admi t t ance in to such dwel l ing-house
or premises for t h e purpose aforesaid or be prevented from m a k i n g
such examina t i on as aforesaid t he promoters m a y t u r n off t he wa te r suppl ied by t h e m from such house or o ther premises .
35. I f any person ba the in any s t ream reservoir aqueduc t or o ther wa te rworks be longing to t h e p romoters or wash t h r o w or cause to en te r the re in any dog or o ther an ima l he shall for every such offence forfeit a s u m no t exceeding five pounds .
36. If any person t h r o w convey or cause or p e r m i t to be
t h r o w n or conveyed any rubbish dirt filth or o ther noisome t h i n g in to any such s t r eam reservoir aqueduc t or o ther wa te rworks as aforesaid or wash or cleanse the re in ony cloth wool l ea ther or sk in of a n y an ima l or any clothes or o ther t h i n g he shall for each such offence forfeit a s u m no t exceeding ten pounds .
37. If a n y person cause t h e water of any s ink sewer or d ra in s team-engine boiler or o ther filthy wa te r be longing to h i m or unde r his cont ro l to r u n or be b r o u g h t in to any s t ream reservoir aqueduc t or other wa te rworks be longing to t h e promoters or shal l do a n y other ac t whereby the wa te r of the promoters shall be fouled he shal l for each such offence forfeit a s u m not exceeding twen ty pounds and a fu r the r s u m of twen ty shill ings for each day (if more t h a n one) t h a t such offence cont inues .
38. Eve ry person m a k i n g or supp ly ing gas wi th in t he l imits of
a n y water distr ict who shall a t any t ime cause or suffer to be b r o u g h t or to flow in to any reservoir a q u e d u c t or wa te rworks be long ing to t h e promoters or in to any dra in c o m m u n i c a t i n g the rewi th a n y wash ing or o ther subs tance which shall be produced in m a k i n g or supply ing gas or who shall wilfully do a n y act connected w i t h t h e m a k i n g or supply ing of gas whereby t h e water in any such reservoir
aqueduc t or other wa te rworks shal l be fouled or t he pipes or condui ts thereof in jured shal l forfeit to t h e p romoters a s u m n o t exceeding t w e n t y pounds to be recovered w i t h full costs of suit for each day d u r i n g which such wash ing or o ther substance shall be b rought or shall n e w as aforesaid or du r ing which t h e ac t shall cont inue by w h i c h such wa te r is fouled after t he expi ra t ion in ei ther case of twen ty - fou r h o u r s from t h e t ime when not ice of t he offence has been served on
such person by the promoters .
39. W h e n e v e r t he water suppl ied by t h e p romoters shal l be
fouled by the gas of any person m a k i n g or supply ing gas w i th in t he
dis t r ic t aforesaid such person shal l forfeit to t h e promoters for every such offence a s u m n o t exceeding t w e n t y pounds a n d a fur ther sum n o t exceeding t en pounds for each day d u r i n g wh ich the offence shall cont inue after t h e expira t ion of twenty- four hours from t h e service of not ice of such offence.
40. F o r t he pu rpose of ascer ta in ing w h e t h e r t h e water of t he
promoters be fouled by the gas of any person m a k i n g or supp ly ing gas w i th in t h e said distr ict t he promoters m a y dig u p the g round a n d
examine t h e pipes condui ts and works of t h e persons m a k i n g or sup
p ly ing gas Prov id ing t h a t before proceeding so to dig a n d examine t h e
p romoters shal l give twen ty - four h o u r s not ice in wr i t i ng to t h e person
so m a k i n g or supp ly ing gas of t h e t ime a t wh ich such d igg ing and
e x a m i n i n g is in tended to t a k e place a n d shal l give t he l ike not ice to
t h e persons h a v i n g t h e control or m a n a g e m e n t of t h e p a v e m e n t s or
place w h e r e such d igg ing shall t ake p lace and shal l be subject to t he
l ike
l ike obligation of r e ins ta t ing t he road and pavemen t and to t h e same penal t ies for delay or any nonfeasance or misfeasance there in as herein after provided wi th respect to roads and pavement s b roken u p by the promoters for lay ing the i r pipes and if upon such examina t ion i t appears t h a t such water has been fouled by any gas be longing to such person the expenses of t h e d igg ing examinat ion a n d repairs of t h e s t reet or place dis turbed in any such examina t ion shall be paid b y the person m a k i n g or supply ing gas b u t if upon such examina t ion i t appears t h a t t h e water has not been fouled by t h e gas of such person t h e n the pro moters shall pay all t he expenses of t he examinat ion and repai r and also m a k e good to the said person a n y in jury which m a y be occasioned to his works b y such examinat ion .
41. The following provisions shall t ake effect for t he purpose
| of pro tec t ing | t he | wa te r | in | t he mains or o the r pipes of t h e p romoters |
| from all impur i t ies from | closets and o ther receptables of faecal m a t t e r |
| or | u r ine— |
(I) I t shall no t be lawful for any person to connect wi th t he
m a i n a n y pipe del ivering the wa te r direct ly in to t h e closet-
p a n or other receptable for faecal m a t t e r or u r ine w i thou t the in te rven t ion of a cis tern or cis terns in to which t h e wa te r from the m a i n shal l first be received and any person so offending shall forfeit a n d pay a pena l ty no t exceeding fifty pounds .
(II) The promoters may employ any artificers or w o r k m e n to cu t off or otherwise
disconnect from
t h e m a i n a n y pipe direct ly
d ischarging the water in to a closet wi thou t t h e in te rvent ion of a cistern [hereinafter t e rmed "d i rec t ly c o n n e c t e d " ] and which in t h e opinion of t he promoters m a y endanger t he p u r i t y of t he water by t h e absorpt ion of noxious gases or suct ion of faecal m a t t e r or u r ine into such pipe or in to the
ma in or otherwise F o r t he purpose of effecting such discon nect ion t h e promoters ' artificers and workmen m a y en te r into and upon the premises of any person or corporat ion whatsoever to do or cause to be done a n y t h i n g in his opinion requis i te or necessary in relat ion there to .
(III) W h e n e v e r t he promoters shall have caused any pipe to be cu t off or disconnected or o ther work to be done in relat ion the re to t hey shall for thwi th serve t he owner or occupier of
t he premises wi th a notice in wr i t ing requi r ing h i m to pay
t h e ac tua l cost or expense incurred . A n d such owner or occupier shall pay t h e amoun t to t he promoters and if the a m o u n t be paid by an occupier only he m a y deduct t h e same from the ren t t hen due or accru ing U p o n such owner or occupier m a k i n g default in any such p a y m e n t after the delivery of such not ice as aforesaid the promoters may sue for and recover t he same wi th full costs of suit . (iv) The owner of every dwelling-house or premises which shall have there in or thereon any closet wi th a pipe or b ranch-p ipe directly connected wi th t he m a i n shal l be required to fix and erect a cistern or cis terns for the reception of the wa te r in tended to be used for the closet and every cis tern shall be made of such mater ia ls and dimensions and of such model or p lan of construct ion a n d wi th such ball-cocks stop-cocks waste-pipes a n d o ther appl iances as shall be deemed requisi te and have been approved by the promoters for secur ing the water from pol lut ion t h r o u g h any noxious gases or m a t t e r evolved or derived from such closets or otherwise Eve ry owner neglec t ing to comply wi th t h e provisions of this sub-section shall forfeit and pay a pena l ty not exceeding five pounds .
V (v) (v) Whenever any owner shall have neglected to fix and erect a cistern wi th i ts appl iances as is in t h e last preceding section provided for t he t enan t or occupier of t he premises is hereby author ized and requi red after receiving a wr i t t en not ice thereof from t h e promoters in t h a t behalf to fix and erect such cis tern wi th i ts appliances before-mentioned w i t h i n fourteen days after t h e receipt of such not ice a n d the said t e n a n t or occupier shall upon p a y m e n t by h i m of t h e charges and expense of such fixing and erection be ent i t led e i ther to deduct t h e a m o u n t so paid from the r en t then due or acc ru ing or a t h is opt ion to sue for a n d recover t h e same wi th full costs of sui t f rom t h e owner as for money paid to his use.
(vi) Any person who shall without the authority of the pro mote r s re-establish any such connect ion which m a y have been cu t off removed or severed by h im or whO shall in any m a n n e r wilfully injure or t a m p e r wi th a n y connect ion-pipe cis tern ball-cock stop-cock or waste-pipe which m a y have been approved b y t h e p romoters so as to destroy d iminish or endanger i ts efficiency m a y be summoned for such offence before two Jus t ices a n d on convict ion thereof shal l be ad judged to pay the a m o u n t of the charges and expenses which the pro- motors m a y have incu r red (and which he is hereby author ized to incur) in repair ing or res tor ing t h e same to a s ta te of efficiency E v e r y such offender shall also forfeit and pay a pena l ty no t exceeding ten pounds and the a m o u n t of charges and expenses a n d penal ty respectively shal l w h e n recovered be paid over to the promoters .
42 . W h e r e several houses or par t s of houses in t h e separate
occupat ion of several persons are supplied by one; common pipe or where wa te r is supplied to cour ts alleys and right-of-ways by s tand pipes t he several owners or occupiers of such houses or par t s of houses or of t h e several houses or par t s of houses in every such cour t alley or r igh t - of-way shal l be liable to t h e p a y m e n t of t he same rates for t h e supply of wa te r as they would have been l iable to each of such several houses or pa r t s of houses had been supplied wi th wa te r from t h e works of t he promoters by a separate pipe.
43 . The rates and charges for water a n d all sums due to t h e
promoters u n d e r th i s Pa r t shall be paid by and be recoverable from t h e
owner of t h e premises or t h e occupier or person requi r ing receiving or
u s ing t h e supply of wa te r and all ra tes shall be paid in advance by equa l p a y m e n t s on the first day of J a n u a r y t h e first day of Apr i l t he first day of J u l y and the first day of October in each year and t h e first p a y m e n t shall be made at the t ime w h e n the owner or occupier of any t e n e m e n t shall become liable to pay such ra tes and charges a n d al l such ra tes and charges m a y be enforced and recovered in respect of any premises s i tuate wi th in one hund red and fifty feet from t h e a l i gnmen t of any street or publ ic h ighway a long which a m a i n w a t e r p i p e belong ing to t h e promoters is laid a l t hough such premises are not ac tua l ly
supplied wi th w a t e r from such main . 44. Such wa te r ra te shall be payable in respect of lands and t enements to be supplied wi th wa te r for domestic purposes otherwise t h a n by measure or in respect of lands and tenements d is tan t n o t more t h a n one h u n d r e d and fifty feet from any m a i n constructed by or vested in t he promoters Provided t h a t t he va lua t ion of any lands or t ene men t s for t h e purposes of such water supply shall no t exceed in any year t h e va lua t ion (if any) of such lands or t enements du r ing the same or t h e previous year by t he Mun ic ipa l Council of P e n r i t h and no such r a t e shal l exceed the a m o u n t of five pounds per c e n t u m on t h e assessed value.
45. I f any person refuse or neglect to pay on demand to t he
promoters any ra te charge or s u m due by h i m to t h e promoters unde r
this P a r t t he promoters m a y recover t he same wi th costs in any Cour t
| of | c o m p e t e n t | jur isdic t ion. |
46. If any t e n a n t of any premises he called on to pay and pay
| a greater a m o u n t of any ra te cha rge or s u m due to t h e | p romoters |
| unde r th i s P a r t t h a n is due for t h e period of his occupancy or | pay any |
s u m for l ay ing down service pipes to such premises u p o n t h e refusal or neglec t of t he owner thereof to lay down such service pipes wi th in one m o n t h of t he last publ ica t ion of the notice by t h e promoters as hereinbefore men t ioned requi r ing such owner to lay down such pipes such t e n a n t m a y deduct any s u m so paid or recovered from the r en t from t i m e to t ime becoming due to such owner in respect of such premises or after demand m a y recover t h e same from such owner.
P A R T I I I .
Special provisions as to the supply of Gas.
| 47. The promoters are he reby fully author ized a n d empowered by its servants contractors agents workmen and others from t ime to t ime to m a k e erect s ink lay place fit m a i n t a i n and repair such re tor ts gasometers or gasholders mete rs receivers cisterns engines machines cu ts drains sewers Avatercourses pipes reservoirs bui ld ings and other Avorks and devices of such cons t ruc t ion and in such m a n n e r as the promoters shall t h i n k necessary or p roper for t he purpose of car ry ing ou t t he operat ions of t he promoters in respect of a n d incidental to t h e m a k i n g and supp ly ing of gas in conformity wi th th i s Act a n d t h e said m e m o r a n d u m and art icles of association and also for all such purposes to open and break u p the soil and pavemen t of t h e several footpaths higliAvays streets br idges roads Avays lanes passages or o ther publ ic place or thoroughfare or of any road Avay thoroughfare or place dedi cated to or used by t h e publ ic as such or any pa r t or par t s thereof Avithin t h e l imits of t he toAvn and suburbs aforesaid and to open and b reak u p any sewers drains or t unne l s wi th in or under such streets and bridges and to erect posts pi l lars l amps lamp- i ron and o ther appa ra tus in or upon t h e same streets and bridges h ighways roads streets Avays lanes passages and other thoroughfares and places or agains t any wal l or Avails erected on or adjoining to a n y of t h e m and to dig and sink t renches and drains and to lay mains and pipes and | p u t stop-cocks syphons p lugs or b ranches from such mains or pipes in |
| unde r across or a long such streets br idges roads ways lanes passages | |
| and o ther thoroughfares and places and also wi th such consent as hereinafter ment ioned to do the l ike in unde r across or a long any pr iva te roads ways lanes passages bui ld ings and places a n d from t ime to t ime to cu t stop remove al ter repair replace and re lay such main- pipes stop-cocks syphons p lugs b ranches or other appa ra tus Provided a lways t h a t no th ing in this section contained shal l be deemed to author ize t h e promoters their sen-ants contractors agents or Avorkmen to enter into or upon any pr iva te lands bui ldings or places for any of t h e purposes aforesaid or thereon to car ry out any of the operations of t he promoters w i thou t the previous consent in wr i t i ng of the occupiers thereof except t h a t t he promoters may a t any reasonable t ime by their servants agents or Avorkmen enter upon any land or place where in any pipe h a t h already been lawfully laid down or placed in pursuance of th i s A c t and repair or a l ter t he exis t ing pipe or lay or place any neAv pipe in t he stead thereof and provided also t h a t t h e promoters shall |
unless
unless in case of accident give twenty- four hours not ice in wr i t ing to t h e Counci l Clerk of the said Munic ipa l i t y prior to t h e opening or b r eak ing u p of any street lane road pavemen t sewer dra in or t u n n e l as
aforesaid Provided fur ther t h a t if in ca r ry ing out any of t he opera
t ions of the p romoters it shall be deemed necessary b y t h e p romoters
to en te r upon under across or a long any publ ic or p r iva te ra i lway or
t r a m w a y i t shall be sufficient for t h e promoters to obtain t h e consent
of t h e Minis te r for W o r k s for t he t ime be ing of t h e Colony of N e w
South W a l e s a n y t h i n g hereinbefore conta ined to t h e cont ra ry not wi ths tand ing . 48 . I t shall be lawful for t h e promoters to cont rac t w i th any persons (whe ther corporate or individual) for supply ing wi th gas any such person or persons or a n y streets ways lanes passages manufactor ies shops warehouses publ ic or p r iva te houses bui ldings or places and for such purpose from t ime to t ime to lay down carry fit u p connect a n d furnish any pipe b ranch or bu rne r l a m p me te r or o ther appa ra tus from or in connection w i t h any ma in pipe or to lay down any new main which for such purposes m a y be required and to let any such appara tus for h i re for such s u m as m a y be agreed u p o n which s u m m a y be recovered in l ike m a n n e r as any r en t or r emune ra t i on for t he supply of gas Provided always t h a t in al l cases where damage m a y be done by the promoters the i r agents w o r k m e n or o thers in t he course of l ay ing on or removing appa ra tus t h e said damage shall be made good a t t h e expense of t h e promoters and in case t he promoters 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 the same and recover t he expenses thereof from t h e promoters in t he same m a n n e r as is here in provided for t h e recovery of any sum of money payable unde r t he provisions of t h i s A c t Provided also t h a t if any owner or occupier of any bui ld ing t enemen t or place or a n y person ac t ing for h i m shall refuse reasonable access in pur suance of t he provisions of this section or t h e s ix ty-e ighth section of th i s A c t to t h e contractors agents w o r k m e n or servants of t h e promoters for t he purpose of r emoving any such pipe bu rne r me te r or appa ra tus placed or in t roduced in to any such bu i ld ing t e n e m e n t or p lace by the promoters or shall p revent or obs t ruct such removal t hen t h e said owner occupier or person ac t ing for h i m shall immedia te ly
m a k e p a y m e n t to t he promoters for such pipe b u r n e r mete r or
appara tus and in defaul t of his so doing wi th in th ree days after demand thereof m a d e a t t h e same bui ld ing t enemen t or place or t he residence or last known residence of the pa r ty it shall be lawful for t he p romote r s
to m a k e compla in t to any Jus t i ce of t he Peace whO m a y cause to be issued a summons to t he person so m a k i n g default cal l ing on h i m to show cause before the neares t Cour t of P e t t y Sessions to where t he bu i ld ing t enemen t or place is s i tuate w h y he refuses to pay such demand and the reupon the said Cour t shall proceed to the adjudicat ion and enforcement of such demand in t h e m a n n e r here inaf ter set for th A n d if any person shall place or lay any pipe to communica t e w i th any m a i n pipe me te r or o ther appara tus already laid placed or erected b y the promoters or shall use addi t ional b u r n e r or bu rne r s of la rger dimensions or of o ther k ind or descript ion t h a n tha t he has cont rac ted wi th t h e promoters to use or shall keep the gas supplied by t h e pro moters b u r n i n g for longer t i m e t h a n he has contracted wi th t h e promoters to pay for or shall supply a n y person wi th any of t h e gas supplied to h i m by the promoters w i t h o u t the promoters ' consent in wr i t ing first obtained or if any person shall wan ton ly or maliciously h inder or i n t e r r u p t a n y of t he contractors w o r k m e n agents or servants of t h e p romoters in legally doing or per forming any of t h e acts afore said or in exercis ing a n y of t h e powers a n d author i t ies by th is A c t g iven or if any person shal wilfully or negl igent ly or accidental ly do or
cause
cause to be done a n y in ju ry or damage to any of the bui ld ings mach i nery pipes burne r s l amps meters or appara tus of t h e promoters or remove the same or cause a was te 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 he Peace who m a y cause to be issued a summons to t h e person or persons so offending to appear before t he Court of P e t t y Sessions neares t to the place where such offence shall be commi t t ed a n d being thereof lawful ly convicted such person shall for feit and pay to t h e promoters any s u m no t exceeding live pounds over and above all damages done and over and above all costs such s u m to be ascer ta ined b y such Cour t and to be enforced by distress and all proceedings under th is A c t not 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 he t ime be ing respec t ing s u m m a r y proceedings before Jus t ices of t h e Peace and all such provisions shall so far as t he same are appl i cable be enforced and observed in all proceedings unde r th is A c t not here in expressly provided for.
49. N o pipe bu rne r l amp me te r or other appa ra tus of the said promoters be ing set u p in a n y bui ld ing t e n e m e n t or place shall be subject to distress for ren t or shall be t aken in execut ion unde r any process or proceeding of any Court of Law or E q u i t y or unde r any proceedings in b a n k r u p t c y or insolvency save so far as any process or proceedings aga ins t t he promoters arc concerned.
5 0 . W h e n and so often as t h e promoters i ts servants contractors
agents or w o r k m e n shall have opened broken u p or removed the soil pavemen t stone or o ther mater ia l of any street or br idge as aforesaid or shall have opened or b roken u p any sewers dra ins or t unne l s wi th in or u n d e r a n y such streets or br idges t he promoters shall m a k e all rea sonable dispatch in performance of t he work to be done a n d shall on complet ion of such work for thwi th carry away all rubb i sh and waste or su rp lus ma te r i a l and re ins ta te such pavemen t stone or o ther mater ia l and render such street or br idge and every such sewer drain and tunne l wi th in or unde r t h e same as near ly as possible in t h e same condit ion as it was in previously to t h e d is turbance thereof and du r ing the cont inu ance of such work and un t i l such r e ins t a t emen t t he promoters shall set up sufficient barr iers and keep l ights b u r n i n g at n igh t in order to p reven t accidents a n d also w h e n and so often as any gas p i tch-waste tar-waste l iquids or o ther t h ings shall escape or flow from any pipe receivers or dra in be ing par t of or inc identa l to t h e works to be erected unde r th is P a r t so as to con tamina te t h e air or a n y s t ream spr ing or o ther water-
| u n h e a l t h y or offensive or un l i t for use it shall be lawful for any person | course or body of water n a t u r a l or artificial and render t he same |
| to give not ice thereof in wr i t ing to the promoter whO shall immedia te ly t ake t h e most speedy and effectual measures to r emedy and p reven t t he same and if t h e promoters shall m a k e defaul t in any of t h e ma t t e r s so requi red by i t to be performed i t shal l be lawful for a n y person to lodge compla in t thereof before a n y Jus t i ce of t h e Peace whO may s u m m o n the promoters before t he nearest Cour t of P e t t y Sessions and on proof of such defaul t t h e said Cour t of P e t t y Sessions shal l order and direct t h a t t he said mat te r s shall be done by the promoters wi th in a reasonable t ime to be n a m e d by such Cour t and in default of com pl iance with such order any Jus t i ce of the Peace on proof of such defaul t on t he p a r t of t he promoters and on proof t h a t the compla inan t or any o ther person has performed t h e said work so to be done a n d of t h e costs charges and expenses a t t e n d i n g the same shal l issue a distress wa r r an t aga ins t t h e goods and chat te l s of t h e promoters for any a m o u n t no t exceeding t h e said charges and expenses and t h e cost of prosecut ing such compla in t to be paid to t he person per forming the said work as aforesaid. |
5 1 . The price for t he gas shall at no t ime exceed t en shil l ings
per t housand cubic feet and t h e gas supplied shall be absolutely free from su lphure t t ed hydrogen and shal l be of such m i n i m u m qual i ty as to produce from a n A r g a n d b u r n e r hav ing fifteen holes a n d a seven- inch ch imney consuming five cub ic feet of gas per hou r a l ight equal in in tens i ty to t h e l igh t produced by fifteen sperm candles of six in t h e
pound b u r n i n g one h u n d r e d and twen ty grains per hour .
52 . The promoters shall w i th in twelve m o n t h s after receiving
not ice from t h e Borough Counci l p u t u p a t some tes t ing place to be provided b y t h e said Council wi th in the Borough suitable appa ra tus
for t h e purposes fol lowing—
(I) F o r t e s t ing t h e i l l umina t ing power of t h e gas supplied
(II) F o r tes t ing t h e presence of su lphure t t ed hydrogen in t h e gas supplied
The said appa ra tu s shall be in accordance wi th t he F o u r t h Schedule
here to and shal l a t all t imes be k e p t a n d main ta ined in good repair and work ing order by t h e promoters .
53 . The Borough Counci l m a y from t ime to t ime appoin t a com
pe ten t and impar t i a l person to be gas examine r to tes t t h e gas a t t h e tes t ing place who shall test t h e i l l umina t ing power and p u r i t y of t he gas supplied on any or every day and the p romote r s may be represented a t t h e t e s t ing if t hey shall t h i n k fit b u t shal l n o t be ent i t led ei ther by
themselves or the i r representa t ives to in terfere in t h e tes t ing . 54. The gas examiner shall on t he day immedia te ly following t h a t on wh ich the t e s t ing was m a d e by h i m deliver to t h e Borough Counci l a report of such tes t ing and shall deliver a copy thereof to t he p romote r s and such repor t shal l be receivable in evidence.
55. A n y gas examiner appointed by t h e Borough Council shall be
pa id a salary not exceeding one hund red pounds per a n n u m which shall
be paid one moie ty by t h e Counci l and t h e o ther moie ty by the promoters .56. N o me te r shal l be used for ascer ta in ing the q u a n t i t y of gas
sold by t h e promoters unless t he same shal l have its measu r ing capac i ty a t one revolut ion or complete ac t ion of t h e me te r and also t he q u a n t i t y per h o u r i t is in tended to measure in cubic feet or mul t ip l e s or decimal par t s of a cubic foot denomina ted or m a r k e d on t h e outs ide thereof in legible le t ters or figures and shall have been tested and s tamped as correct by t h e Eng l i sh W a r d e n of S tandards or o ther lawful au thor i ty .
57. A n inspector of me te r s m a y f rom t ime to t ime be appoin ted
by t h e Borough Council and t h e said inspector shall a t all t imes when author ized by the Counci l on t he appl ica t ion and a t t h e expense of any consumer of the gas supplied b y t h e p romoters be ent i t led to inspect
and tes t t h e me te r s erected by the promoters in t he premises of t h e
person m a k i n g such reques t after g iv ing for ty-e ight hours notice of such in tended inspect ion to t h e p romoters a n d before such inspect ion the person r equ i r i ng t h e same shall deposit in t h e hands of t h e in spector all money due or appear ing to be due by such person to t h e p romoters on account delivered and in case such deposit shall be in excess of t h e s u m found to be due by t h e promoters such excess shal l
be r e tu rned to t he consumer . 58 . N o m e t e r which shal l have beenf ixedby the promoters for use
before t h e expi ra t ion of one year of the t ime w h e n th i s A c t comes in to opera t ion shall be allowed to r ema in in use after expira t ion of five years f rom t h a t t ime unless it shal l have been tes ted and s t amped as by th is A c t directed a n d no me te r once tested and s tamped u n d e r t he provisions of th is Ac t shall be allowed to r emain in use for more t h a n seven years from t h e t ime w h e n i t shall have been last so s tamped unless and u n t i l i t shal l have been re- tes ted and re -s tamped in m a n n e r aforesaid a n d whenever t h e promoters shal l knowing ly allow a n y me te r to be used in cont ravent ion of th is section t hey shall be l iable to a pena l ty not exceeding forty shill ings for every such offence.
59. After the expira t ion of one year from the t ime when this Act comes in to operat ion t h e legal s tandard or u n i t of measure for t he sale of t he said promoter ' s gas by me te r shall be t h e cubi t foot conta in ing s ix ty- two and th ree h u n d r e d and twenty-one thousands (63-321) pounds avoirdupois weight of distilled or ra in water weighed in air a t t h e t empera tu re a t s ix ty- two degrees Fah renhe i t ' s t h e r m o m e t e r the bar
| ometer be ing | a t t h i r t y | inches . |
60. If any person shal l forge or counterfei t or cause or p rocure to be forged or counterfe i ted or knowing ly ac t or assist in t h e forging or counterfe i t ing any s t amp which m a y hereafter be used for t h e s t amp ing of any me te r under this Pa r l i amen t every person so offending shal l for every such offence be l iable to a pena l ty no t exceeding fifty pounds nor less t h a n t en pounds a n d if any person shall knowing ly sell u t t e r or dispose of let lend or expose for sale any mete r wi th such forged s t amp the reon every person so offending shall for every such offence be liable to a pena l ty not exceeding ten pounds nor less t h a n forty shil l ings and all mete rs hav ing forged or counterfei ted s tamps thereon shal l be forfeited and destroyed.
6 1 . Al l gas supplied by the promoters shall except in case of
accident be supplied a t such pressure as to balance from midn igh t to sunse t a column of wa te r not less t h a n s ix- tenths of an inch in he igh t and to balance from sunset to m i d n i g h t a co lumn of water not less
| t h a n one inch in | he igh t . |
62. I t shall be lawful for t h e promoters to cu t off a n d t ake away the supply of gas from the bui ld ing t enemen t or o ther place of every person or body m a k i n g default in paymen t after giving twen ty - four hours notice to t h e occupier and thencefor th to discont inue t he supply of gas con t rac ted for w i th t h e promoters by such person or body and to en te r by themselves the i r agents or workmen in to such bu i ld ing t enemen t or place be tween t h e hours of n ine in t h e forenoon and four in t h e af ternoon and remove and carry away any pipe burne r s l amp mete r or o ther appara tus t h e proper ty of t h e said promoters and t h e promoters shal l have t he l ike powers wi th regard to cu t t i ng off t a k i n g away and d iscont inuing the supply of gas in t he case of the bui ld ing t enemen t or place of any person w ho shall have been lawfully convicted as hereinbefore provided of any f raudulent in jury to any me te r or appa ra tus on such premises or f raudulen t use of t h e gas of the; promoters A n d in case any person or body who shall con t rac t wi th t he promotors or agree to t ake or shall t ake or use t he gas of t he promoters in any bu i ld ing t e n e m e n t or place or otherwise shall refuse
| or neglect to pay the sum or sums of money t h e n due unde r his or |
the i r con t rac t for t he same to t h e promoters according to t he t e rms and s t ipulat ions thereof it shall be lawful for t he promoters wi thou t prejudice to any other r emedy to m a k e complaints of such refusal or neglec t before any Jus t i ce of t he Peace who m a y cause to be issued a s u m m o n s to t h e p a r t y or parl ies so refusing or neglec t ing cal l ing on
| h i m or t h e m to show | cause | before t h e Cour t of P e t t y Sessions in | t he |
police district in which such bui ld ing t enemen t or place is s i tuated or such user took place why he or they refuses or refuse to pay such s u m or sums and the reupon the said Court shall proceed to t he adjudicat ion of t he said compla in t and enforcement of t he said demand and costs charges and expenses incurred in t h e prosecut ion thereof by distress and sale of t he goods and chat te ls of t he person or persons or body so refusing or neglec t ing to pay.
63 . The secretary engineer or any other officer of the promoters m a y a t all reasonable t imes enter any bui ld ing t e n e m e n t or place l ighted wi th gas supplied by the promoters in order to inspect t he pipes b u r n e r s lamps meters or o ther appara tus of or connected w i t h t h e
| works | of t h e promoters | to r egu la t e t h e supply of gas or to ascer tain |
t h e
t h e quan t i t y of gas consumed or supplied and if any person shall h inder a n y such officer as aforesaid from so enter ing or m a k i n g such inspect ion as aforesaid a t a n y reasonable t ime such person shal l for every such offence forfeit and pay to t he promoters a s u m of money n o t exceeding five pounds to be awarded and recovered by the p romoters in l ike
m a n n e r as t he penal t ies aforesaid.
P A R T I V .
The acquisition and occupation by the promoters of lands for the purposes
of water supply—ascertainment of compensalion in respect thereof.
6 1 . After t he notification in t h e Gazette as hereinbefore pro
vided of t h e approval by t h e Governor of a scheme for t h e supply of wa te r to t h e said town or suburbs b u t not before t he promoters shall be empowered to acqui re or occupy lands for t he purposes of such water supply in m a n n e r hereinaf ter provided a n d compensat ion for
every such acquisi t ion or occupat ion of lands shal l be ascer ta ined and carried ou t as hereinafter provided.
65 . I t shall be lawful for t h e promoters by notification to be
pub l i shed in t he Gazette a n d in one or more newspapers publ ished or c i rcula t ing in t h e said town and suburbs to declare t h a t t he land des cribed in such notification is requi red for t h e purpose t he re in expressed.
66. U p o n the publ ica t ion of t h e notification in t he Gazette
declar ing t h a t t h e lands the re in described are so requi red such lands shall u p o n compliance wi th t he r equ i r emen t s and provisions herein after conta ined be vested in t he promoters for t h e purposes of th i s A c t for a n estate of inher i tance in fee-simple in possession freed a n d discharged from all t ru s t s obligations estates interests cont rac ts charges ra tes r ights-of-way or o ther easements whatsoever and to t h e i n t en t t h a t t he legal estate the re in toge ther wi th all powers inc ident the re to or conferred by th is A c t shal l subjec t to t he provisions thereof be vested in t he promoters .
67. W h e r e t h e land required is Crown land a t t he da te of such
publ ica t ion or is vested in a n y corporat ion or person on behalf of H e r Majes ty or for publ ic purposes by v i r tue of a n y s ta tu te or is w i th in t h e l imits w i th reference to centres of popula t ion prescribed by t h e A c t n e x t here inaf ter ci ted t h e effect of such publ icat ion shal l be to
w i t h d r a w t h e said land (to t he ex t en t requi red) from any lease or l icense or promise thereof and to cancel to t he l ike ex ten t a n y dedica
t ion or reservation of t h e said land m a d e unde r t h e au tho r i t y of t h e " C r o w n L a n d s Al iena t ion A c t of 1 8 6 1 " or a n y A c t or A c t a m e n d i n g t h e same or to divest t he es ta te of such corporat ion or person and to vest t he said land to t h e ex t en t aforesaid in t h e p romote r s for t h e pu r poses ment ioned and for t h e es ta te l imi ted in t h e last p receding section Provided however t h a t n o t h i n g in th i s section conta ined shall have any effect or operat ion unless t h e approva l of t h e Governor shall first have been obta ined wi th respect to t h e l and so required.
68. W h e r e t h e land described in a n y such notification consists
whol ly or pa r t ly of l and a l ienated by or no t t h e proper ty of t h e Crown or is no t Crown land as defined by th is A c t t he owners thereof shall be ent i t led to receive such s u m of money by way of compensat ion for t h e land so described as shal l be agreed u p o n or otherwise ascer
ta ined u n d e r t h e provisions hereinafter contained.
69. T h e es ta te a n d in teres t of every person en t i t l ed to lands
requi red u n d e r th is A c t or any por t ion thereof a n d w h e t h e r to t h e
legal or equi tab le es ta te the re in shall upon due p a y m e n t of t h e
a m o u n t
a m o u n t of compensat ion tendered by t h e promoters or assessed by the j u r y as hereinaf ter provided be deemed to have been as fully and effectually conveyed to t he promoters as if t he same h a d been conveyed by t h e persons legally or equi tab ly enti t led the re to by means of t h e
| most perfect assurances in t h e law | A n d every person shal l upon |
asser t ing his claim as here inaf ter provided and m a k i n g out his t i t le in respect of a n y port ion of t h e said resumed lands be ent i t led to compen sation on accoun t of such resumpt ion in m a n n e r hereinaf ter provided.
70. E v e r y person c la iming compensat ion in respect of any land so requi red or in respect of a n y work or other m a t t e r done unde r t h e au tho r i t y of th is Act shall w i th in n ine ty days from t h e publ icat ion of such notification or a t any t ime afterwards wi th in such ex tended t ime as a J u d g e of t he Supreme Cour t shal l upon the appl ica t ion and a t t he cost of t h e c la imant appoin t in t h a t behalf serve a not ice in wr i t i ng u p o n t h e promoters wh ich notice shall set for th t he n a t u r e of the estate or interest of t he c la imant in such land toge ther w i th an abs t rac t of his t i t le and if he claims in respect of damage t h e n a t u r e of t he damage which he has sustained or will sustain by reason of t h e t ak ing of his l and or of such work or m a t t e r as aforesaid and such notice may be in t he form of t h e Second Schedule here to b u t wi th any modifica
| t ions required by t h e n a t u r e of the | claim. |
7 1 . W i t h i n s ix ty days after t he receipt of every such notice of
claim the promoters shal l cause a va lua t ion of t he land or of t he estate or in teres t of t h e c la imant the re in to be m a d e in accordance wi th t he provisions of th is A c t and shall inform the c la imant as soon as practic able of the a m o u n t of such valuat ion by not ice in t h e form of the
| F i f th | Schedule | here to . |
72. If w i th in n ine ty days after t h e service of notice of claim
| t h e c la imant and the promoters shall no t | agree | as to | t h e | a m o u n t | of |
compensa t ion t he c la imant shal l be a t l iber ty to ins t i tu te proceedings in t h e Supreme Court in the form of an action for compensat ion aga ins t t he promoters A n d any such act ion m a y be tr ied before a
Judge of t he said Cour t or in a n y Circui t Cour t and a special j u r y of four persons Provided always t ha t upon proper applicat ion ei ther of t h e promoters or of the c la imant a special j u r y of twelve may be sum moned for t h e t r ia l of such act ion Provided also t h a t wi th t he consent in wr i t i ng of t he promoters and the c la imant any such act ion may be so t r ied at any t ime (to be ment ioned in such consent) before t he expi ra t ion of n ine ty days from service of t h e not ice of c la im for com pensat ion b u t not wi th in fourteen days from service of t he notice of
| va lua t ion | on such | c la imant . |
73 . The issue to be tr ied in any such act ion shall be w h e t h e r
t he c la imant is ent i t led to a larger sum by way of compensat ion t h a n the a m o u n t of the va luat ion so made by the promoters and notified to t h e c la imant as aforesaid and if so to what s u m A n d if upon the
| t r ia l of t he said act ion t he verdic t shal l be for a greater s u m t h a n | the |
a m o u n t of t he said va luat ion t he costs of t h e act ion shal l be borne by the promoters b u t if t h e verdic t shall be for a s u m equal to or less
| t h a n such valuat ion t h e n the costs shall be borne by the | c la imant . |
74. Al l moneys payable unde r this A c t by way of compensation to a n y c la imant whe the r unde r t he verdic t of a j u r y or otherwise shall be paid toge the r w i th costs (if any) and in teres t a t t he r a t e of six pounds per c e n t u m per a n n u m reckoned from t h e da te of t he notifica
| tion aforesaid wi th in one m o n t h after the de terminat ion of such | com |
| pensat ion to the person lawfully ent i t led there to or to his agent | duly |
| author ized in t h a t behalf in wr i t ing | b u t t h e c la imant | shall | be | bound |
to m a k e out his t i t le to the estate or in teres t c la imed by h im in all cases where t he claim is in respect of t he depr ivat ion of some estate or interest in land Provided tha t in t he case of land under the surface
z t aken t aken for t he purpose of cons t ruc t ing a sub te r ranean t u n n e l for wa te r supply or sewerage no compensat ion shall be al lowed or awarded unless t h e surface of t he over lying soil be dis turbed or t h e suppor t to such
surface be destroyed or in jur iously affected by t h e cons t ruc t ion of such t u n n e l or unless any mines or u n d e r g r o u n d workings in or ad jacent to such land be the reby rendered unworkab le or be so affected as aforesaid.
75. A Dis t r ic t Cour t shall no twi ths t and ing a n y t h i n g conta ined
in t he " Dis t r ic t Courts A c t of 1858 " have jur isdic t ion to t r y any
such ac t ion of compensa t ion a t t he Dis t r ic t Cour t holden a t P e n r i t h
in any case where t he whole a m o u n t of t he c la im in respect to such l and served in pu r suance of the seventy-s ixth section of th i s A c t does
no t exceed two hund red pounds or if exceeding t h a t a m o u n t in any
case where t he promoters and t h e c la imant by a m e m o r a n d u m signed b y the promoters and such c la imant or by t h e respective a t to rneys of t h e promoters a n d t h e c la imant agree t he re to For t he purposes of th is section t h e provisions of t he said Dis t r ic t Courts Ac t and of any
A c t a m e n d i n g the same toge ther w i th al l rules made or to be m a d e
t h e r e u n d e r shall be deemed to app ly to all proceedings t a k e n in the
said Dis t r ic t Cour t he reunder .
76. I n es t imat ing or assessing t h e compensa t ion to be paid
u n d e r th i s A c t regard shal l be had by t h e va lua tors and by t h e j u r y (on any issue) not only to the value of t h e land taken by the promoters b u t also to t h e damage (if any) to be sustained by the c la imant by reason of t h e sever ing of t h e lands t a k e n f rom other lands or o ther injuries suffered by h i m by reason of t he exercise of t he powers expressed or incorporated in th i s A c t and they shall assess t h e same according to wha t t hey shal l find to have been t h e va lue of such lands es ta te or in teres t a t t he t ime of t h e r e sumpt ion thereof or t he ex ten t
of t h e damage or in ju ry sustained. 77. Subject to t he provisions of th is Ac t i t shall be lawful for
t h e promoters and for any officer t he re duly au thor ized in t h a t behalf and for all persons employed in t he ca r ry ing ou t of any au thor ized works and for any person author ized by the promoters to enter u p o n the lands of any person whomsoever which the promoters m a y requ i re to purchase or t ake and to t ake possession and appropr ia te t he same for t he purposes of this A c t or of t h e execut ion of a n y such author ized works .
78. N o t w i t h s t a n d i n g a n y t h i n g hereinbefore conta ined i t shal l
be lawful for the promoters if they t h i n k fit to agree wi th t h e owners
of a n y lands t h e acquisi t ion of which is au thor ized by this A c t and
wi th al l part ies h a v i n g a n y estate or in teres t in such lands or b y th is A c t enabled to sell and convey t h e same for the absolute purchase for a considerat ion in money of any such lands or such par t s thereof as shall be t h o u g h t proper and of all estates and interes ts in such lands of
w h a t k ind soever. 79. I t shall be lawful for all par t ies be ing seized possessed of or ent i t led to a n y such lands or a n y estate or in teres t t he re in to sell and convey or release t h e same to t h e promoters and to enter in to all neces sary agreements for t h a t purpose a n d par t icu la r ly i t shal l be lawful for all or any of t he fol lowing par t ies so seized possessed or ent i t led as aforesaid so to sell convey or release t h a t is to say all corporat ions t enan t s in tai l or for life marr ied w o m e n seized in the i r own r igh t or
en t i t led to dower guard ians commit tees of lunat ics a n d idiots t rus tees or feoffees in t rus t for char i tab le or o ther purposes executors a n d adminis t ra tors and all part ies for the t ime being ent i t led to the receipt of t h e r en t s and profits of any such lands in possession or subject to a n y es ta te in dower or to any lease for life or for lives and years or for years or any less interest a n d the power so to sell and convey or release
as
as aforesaid m a y lawfully be exercised by all such part ies o ther t h a n marr ied women ent i t led to dower or lessees for life or for lives and years or for years or for any less in teres t no t only on behalf of t h e m selves and their respect ive heirs executors admin is t ra to rs and successors bu t also for and on behalf of every person ent i t led in reversion remainder or expectancy after t h e m or in defeasance of t h e estates of such par t ies and as to such marr ied women whe the r t hey be of full age or no t as if they were sole and of full age and as to such guardians on behalf of thei r wards and as to such commit tees on behalf of the luna t ics and idiots of w h o m they arc t he commit tees respectively and t h a t to
| t h e same ex ten t as such wives wards | luna t ics and idiots respect ively |
| could have exercised t h e same power | unde r t h e au thor i ty of th is A c t |
| if t h e y had respect ively been unde r no disability and as to such | t rus tees |
| executors or adminis t ra tors on behalf of the i r cestui | que t rus ts | whe the r |
| infants issue u n b o r n | luna t ics feme | covert | or o ther persons and t h a t to |
t h e same ex ten t as such cestui que t rus t s respect ively could have exer cised t h e same powers under t h e au thor i ty of this A c t if they h a d respectively been under no disabil i ty and the power hereinaf ter given to release lands from any r en t - cha rge or incumbrance and to agree for t h e appor t ionment of any such ren t -charge or i n c u m b r a n c e shall ex tend
| to and m a y lawfully be exercised by every pa r ty hereinbefore | enabled |
| to sell and convey or release lands to t he promoters . |
80. The several sections of t h e Governmen t Ra i lways Act twenty-second Victor ia n u m b e r n ine teen here inaf ter specified toge ther w i t h t h e respect ive powers author i t ies duties liabilities obligat ions and other t he provisions the re in contained are he reby declared to be incorpora ted wi th and embodied in th is A c t to t he i n t en t t h a t t he
| same m a y be appl ied as fully a n d effectually | to t h e lands t aken | u n d e r |
| t h e au thor i ty of th is Ac t as if t h e said | sections | had been specifically |
| enacted here in | A n d t h a t wheresoever in | any section so incorpora ted |
| t h e word " Commiss ioner" occurs the re | shal l for t h e purposes of th i s |
| A c t be subs t i tu ted | in l ieu of such word t h e expression | " t h e p romote r s " |
| A n d whenever t he word | " R a i l w a y " | or words imply ing works connected |
| wi th a ra i lway occur the re shall be subs t i tu ted such words | repect ively |
| as denote t h e n a t u r e of | t h e work unde r t ak ing or purpose in respect of |
which t h e l and in quest ion has been appropr ia ted or resumed The following are the sections so declared to be incorporated wi th th i s A c t —
(I) As to t he deposit of compensat ion money in cer tain cases wi th t h e Mas te r in E q u i t y and the appl icat ion a n d inves tmen t
thereof As to p a y m e n t of such money in cer ta in cases to
t rus tees or to the part ies themselves and t h e exonera t ion of
t h e promoters in respect thereof after p a y m e n t Sections forty-seven to fifty-two bo th inclusive. (II) As to t he deposit and appl icat ion of compensat ion money on refusal of t he owner to accept t h e same or on his failing to m a k e ou t a satisfactory t i t le and as to p resumpt ion of owner ship Sections fifty-three to fifty-six bo th inclusive.
(III) As to t h e procedure by t he promoters in case t h e owner or occupier of any lands resumed unde r th is A c t shall refuse to give u p possession thereof or h inder t h e promoters from en te r ing upon or t a k i n g possession of t he same Section s ixty-one.
( iv) As to t h e purchase or redempt ion of t he interests of mor t gagees and the deposit of pr incipal and interes t due on mortgagees wi th t he Mas te r in E q u i t y t h e procedure to be observed when the mor tgaged lands are of less va lue t h a n the m o r t g a g e debt and were pa r t only of lands in mor tgage are
t a k e n Sections sixty-five to seventy bo th inclusive. (v)
(v) As to t h e release of lands from ren t -charges and o the r i ncum brances a n d procedure thereon Sections seventy-one to seventy-four b o t h inclusive.
(v i ) As to t h e appor t ionmen t of r en t where l ands t aken arc u n d e r lease a n d as to compensat ion to t enan t s Sections seventy- five to seventy-eight b o t h inclusive.
(v i i ) As to t he en t ry u p o n or t empora ry occupat ion of lands t h e crossing of roads and other h ighways t h e m a k i n g of br idges and other works of accommodat ion and t h e provisions con sequent the reon Section t en and sections eighty-four to ninety-seven both inclusive Provided t h a t compensa t ion shall in al l respects be ascertained in accordance wi th th is Ac t .
8 1 . I t shall be lawful for t h e promoters and al l persons by
t h e m author ized to enter upon a n y lands n o t be ing a ga rden orchard or p lan ta t ion a t t ached or be longing to a house nor a pa rk p lan ted walk avenue or g round ornamenta l ly p lan ted and not be ing nearer to t h e mans ion-house of t he owner of any such lands t h a n one h u n d r e d yards theref rom and to occupy t h e said lands so long as m a y bo necessary for t he cons t ruc t ion or repair of any works author ized by th is A c t of t h e accommodat ion works connected t he rewi th hereinaf ter ment ioned and to use t h e same for any of the following purposes t h a t is to say—
F o r t h e purpose of t a k i n g ea r th or soil by side cu t t i ngs therefrom F o r t h e purpose of deposi t ing soil t he reon
F o r t he purpose of ob ta in ing mater ia l s therefrom for t h e con s t ruct ion or repair of t he waterworks or such accommodat ion
works as aforesaid or
F o r t h e purpose of fo rming roads thereon to or from or by t he side of t h e said works
A n d in exercise of such powers i t shall be lawful for the promoters and all o ther persons employed there in to deposit and also to manufac tu r e and work upon such lands mater ia ls of every k ind used in cons t ruc t ing t h e said works a n d also to t ake from a n y such lands any t imber and also to dig and t ake from or out thereof any clay stone gravel sand or o ther th ings t h a t m a y be found there in useful or proper for construct i ng t h e said works or any such roads as aforesaid and for t he purposes aforesaid to erect the reon workshops sheds and other bui ld ings of a t empora ry n a t u r e Provided always t h a t n o t h i n g in this A c t contained shall exemp t the promoters from an ac t ion for nuisance or other in ju ry (if any) done in t he exercise of t h e powers hereby conferred to t he lands or habi ta t ions of any p a r t y o ther t h a n the par ty whose lands shall be so t a k e n or used for any of t h e purposes aforesaid Provided also
t h a t no s tone or slate q u a r r y brick-field
or
o ther
l ike place which a t
t he t ime of t h e pass ing of th i s A c t shal l be commonly worked or used for ge t t ing mater ia ls therefrom for t h e purpose of selling or disposing
of t h e same shal l be t a k e n or used b y the promoters e i ther whol ly or
in pa r t for a n y of t he purposes last ly hereinbefore ment ioned . 82. If a n y such lands shal l be used for any of t h e purposes aforesaid t h e promoters shall if requi red so to do by t h e owner or occupier thereof separate t h e same b y a sufficient fence from the lands adjoining the re to wi th such gates as m a y be necessary for t he con venien t occupat ion of such lands and in case of a n y difference be tween t h e owners or occupiers of such lands and t h e promoters as to t h e necessity for such fences and gates t h e n wi th such fences and gates as t h e Governor shall deem necessary for t he purposes aforesaid
83 . I n any of t h e cases aforesaid where t h e promoters shall t ake t empora ry possession of lands by v i r tue of the powers here in g ran ted it shall be i n c u m b e n t on t h e m wi th in one m o n t h after the i r en t ry upon such lands upon be ing requi red to do so to pay to t h e occupier of t h e said lands t h e va lue of any crop or dressing t h a t m a y
be
bo the reon as well as full compensat ion for any o the r d a m a g e of a t empora ry na tu r e which he m a y sustain by reason of t he promoters so t a k i n g possession of his lands .
84. I f in t h e exercise of t he powers hereby g ran ted it be found
| necessary to cross | cu t t h r o u g h raise s ink or use a n y p a r t | of | a n y road |
w h e t h e r carr iage-road horse-road or t r am-road or ra i lway e i ther publ ic or pr ivate so as to render it impassable for or dangerous or more t h a n usua l ly inconvenient to passengers or carr iages or to t he persons ent i t led to t h e use thereof t h e promoters shall before t h e commence m e n t of any such operat ions cause a sufficient road to be made ins tead of t he road to be interfered wi th and shall a t the i r own expense ma in ta in such subs t i tu ted road in a s tate as convenient for passengers and carriages as t h e road so interfered wi th or as near ly so as may be.
85. I f t h e road so interfered w i t h can be restored compat ib ly
wi th t he due complet ion of any works author ized u n d e r th is A c t the same shall be restored to as good a condit ion as it was in at t he t ime w h e n the same was first interfered wi th by the promoters or as near there to as m a y be and if such road cannot be so restored the promoters shall cause t h e new or subs t i tu ted road or some o ther sufficient subst i t u t e d road to be p u t in to a pe rmanen t ly subs tant ia l condit ion equal ly convenien t as t he former road or as near the re to as c i rcumstances will al low and the former road shal l be restored or t h e subst i tu ted road p u t in to such condi t ion as aforesaid as t he case m a y be w i t h all reasonable expedit ion.
80. If t h e conduit or any sewerage works shall cross any h igh
| way other t h a n a publ ic carr iage-way on the level t h e promoters | shal l |
m a k e and a t all t imes ma in t a in convenient ascents and descents and o ther convenient approaches wi th hand-ra i ls or o ther fences and shall if such h ighway be a br idle-way erect and a t all t imes ma in t a in good and sufficient gates and if the same shal l be a footway good and sufficient gates or stiles on each side of each condui t or works where
| t h e h ighway | shal l communica te | therewi th . |
87. The promoters shal l m a k e and at all t imes thereafter ma in t a in
t h e following works for t h e accommodat ion of t he Owners a n d occupiers of lands adjoining a n y works author ized unde r this A c t t h a t is to say—
Such and so m a n y convenient gates br idges arches culver ts and passages over unde r or by t h e side of or lead ing to or from such works as shall be necessary for t h e purpose of m a k i n g good any in te r rup t ions caused thereby to the use of the lands t h r o u g h which t h e same shall be made and such works shall be made for thwi th after t h e pa r t of t h e conduit pass ing over
such lands shall have been laid out or formed or d u r i n g
the
format ion thereof.
Also sufficient posts rai l hedges di tches m o u n d s or o ther fences
for separa t ing t h e l and t a k e n for t h e use of such works from
t h e adjoining lands no t t a k e n and pro tec t ing such lands from trespass or t he cat t le of t h e owners or occupiers thereof from s t ray ing the reou t by reason thereof toge the r wi th al l necessary gates made to open towards such adjoining lands and not towards t h e said works and all necessary stiles and such posts rails and other fences shall be made for thwith after t he t a k i n g of any such lands if the owners thereof shall so require and the said o the r works as soon as convenient ly m a y be
Also ail necessary arches tunne l s culver ts drains or other passages ei ther over or unde r or b y t h e sides of such works and of such dimensions as will be sufficient at al l t imes to convey the water from t h e lands ly ing nea r or affected thereby
| Provided always t h a t t h e promoters shall not be required to m a k e | such |
| accommodat ion works in such | a m a n n e r as would p revent or obs t ruc t |
the
t h e us ing of any works for wa te r supp ly nor to m a k e any accommo dat ion works wi th respec t to wh ich t h e owners and occupiers of t he lands shal l have agreed to receive and shall have been paid compensat ion .
88. I f a n y difference arise respect ing t h e k ind or n u m b e r of
any such accommodat ion works or t h e dimensions or sufficiency thereof respec t ing t h e m a i n t a i n i n g thereof t he same shal l be de te rmined by the Governor who shall also appoint t h e t ime wi th in which such works shal l be commenced and executed.
89. I f a n y of t h e owners or occupiers of lands affected by such
condui t shall consider the accommodat ion works m a d e by t h e Council or directed by t h e Governor to be m a d e by t h e promoters insufficient for t h e commodious use of the i r respect ive lands i t shall be lawful for a n y such owner or occupier a t any t ime a t his own expense to m a k e such fu r the r works for t h a t purpose as he shal l t h i n k necessary and as shal l be agreed to b y t h e promoters .
90. If t he promoters so desire all such las t -ment ioned accom moda t ion works shall be cons t ruc ted unde r t h e super in tendence of t he p romote r s ' engineer a n d according to plans and specifications to be submi t ted to and approved by t h e p romoters B u t t he p romote r s shall no t be ent i t led to requ i re e i ther t h a t p lans shall be adopted which wil l involve a grea ter expense t h a n t h a t incur red in t h e execut ion of
s imilar works b y t h e promoters or t h a t t h e p lans selected should be
executed in a more expensive m a n n e r t h a n t h a t adopted in similar cases by t h e promoters .
9 1 . I f a n y person omit to shu t and fas ten a n y gate set u p for
t h e accommodat ion of t h e owners or occupiers of t h e adjoining lands as soon as he a n d the carr iages cat t le or o ther an imals u n d e r his care have passed t h r o u g h t h e same he shal l forfeit for every such offence any s u m no t exceeding t en pounds .
P A R T V.
Miscellaneous Provisions—Legal Procedure.
92. One half of a n y pena l ty recovered unde r th is A c t shal l be
paid to t he informer a n d where any distress is m a d e for any s u m of money to be levied unde r th i s A c t t he distress itself shal l no t be
un lawful nor t h e persons m a k i n g t h e same be deemed trespassers on
account of a n y defect or w a n t of form in t h e in format ion s u m m o n s
convict ion w a r r a n t of distress or o ther proceedings r e l a t i ng the re to
no r shal l t h e persons dis t raining be deemed trespassers on accoun t of
a n y i r regu la r i ty t h a t shall be af terwards done b y t h e persons d is t ra in ing
b u t t he persons aggrieved by such i r regular i t ies m a y recover satisfaction for t he special damage in a n act ion on t h e case.
93 . I f i t shal l be proved to t h e satisfaction of any two Jus t i ces
of t h e Peace in P e t t y Sessions assembled tha t t h e promoters or any of t he i r officers have been gu i l ty of a n y defaul t unde r th i s A c t no t other wise provided for they shal l be l iable for each a n d every such default to a pena l ty not exceeding five pounds to be recovered in a s u m m a r y way .
94. W h e r e by th is A c t any quest ion of compensa t ion expenses
charges or damages or o ther m a t t e r is required to be referred to the de te rmina t ion of any one or more Jus t i ces it shal l be lawful for any
J u s t i c e upon t h e appl icat ion of e i ther p a r t y to s u m m o n the o ther pa r ty
to appea r before one Jus t i ce or before two Jus t i ce s as t h e case m a y requi re a t a t ime and place to be n a m e d in such s u m m o n s and upon
t h e
t h e appearance of such par t ies or in t he absence of any of t h e m upon proof of due service of t h e summons i t shall be lawful for such one J u s t i c e or such two Jus t ices as t he case m a y be to hear and de te rmine such quest ion and for t h a t purpose to examine such par t ies or any of t h e m and the i r witnesses on oa th and t h e cost of every such inqu i ry shal l be in t he discretion of such Jus t ices and t hey shall de te rmine
| t he | a m o u n t | thereof. |
95 . Every pena l ty forfeiture charge or s u m of money imposed
| by or m a d e payable unde r th i s Ac t t h e recovery of which is no t | other |
wise provided for m a y be recovered by s u m m a r y proceedings before two Justices unde r the provisions of the Ac t or Ac ts in force for the t ime being regu la t ing s u m m a r y proceedings before Jus t ices A n d where any such pena l ty charge or sum be not paid ei ther immedia te ly after conviction or adjudicat ion or wi th in t he t ime appointed the reby the same m a y be enforced by distress and sale of t he offender's or defaul ter 's goods and chat te l s in t he m a n n e r provided by t h e said Acts .
9(5. If any p a r t y shall feel aggr ieved by any de te rmina t ion or
ad judica t ion of any Jus t i ce or Jus t ices w i th respect to any pena l ty or forfeiture unde r t he provisions of this A c t such pa r ty may appeal to t he General or Quar t e r Sessions holden a t P e n r i t h or P a r r a m a t t a b u t no such
| appeal shall be en ter ta ined unless i t be made wi th in four m o n t h s | nex t |
| after the m a k i n g of such de te rmina t ion or adjudica t ion | no r unless | t en |
| days not ice in wr i t ing of such | appeal s ta t ing t he | na tu r e and grounds |
thereof be given to the pa r ty against w h o m the appeal shall be b r o u g h t nor unless the appel lant for thwi th after such notice enter in to recogniz ances wi th two sufficient sureties before a Jus t i ce condit ioned du ly to prosecute such appeal a n d to abide t he order of the Cour t the reon A t t h e Genera l or Quar t e r Sessions for which such not ice shall be given the Cour t shall proceed to hear and de te rmine the appeal in a s u m m a r y way or they may if they t h i n k tit adjourn it to t h e following Sessionsand upon the hear ing of such appea l t he Cour t m a y if they t h i n k fit mi t iga te any pena l ty or forfei ture or they m a y confirm or quash the adjudicat ion and order any money paid by the appel lant or levied by distress upon his goods to be re turned to h i m and also m a y order such fu r ther satis faction to be m a d e to t h e par ty injured as t hey may j u d g e reasonable and they may m a k e such order concerning the costs both of the adjudi cation and of t h e appeal as they may t h i n k reasonable.
97. If t h r o u g h any ac t neglect or defaul t on account whereof
any person shall have incur red any pena l ty imposed by th is A c t any
damage to any conduit m a i n pipe sewer or o ther p roper ty of t he
promoters used in connect ion the rewi th shal l have been commit ted by
such person he shal l be l iable to m a k e good such damage as well as to
pay such pena l ty and the a m o u n t of such damages shall in case of dispute be de te rmined by the Jus t i ces by w h o m the pa r ty incur r ing such pena l ty shall have been convicted and on non-paymen t of such damages on demand t h e same shal l be levied by distress a n d such
| Jus t ices or one of t h e m shall issue the i r wa r r an t | accordingly. |
98 . I t shall be lawful for any officer or servant of t h e promoter and all persons called by h im to his assistance to seize and detain any person who shall have commit ted any offence against t he provisions of this Act and whose n a m e and residence shal l be u n k n o w n to such officer or servant and convey h im with all convenient dispatch before some Jus t i ce wi thout any war ran t or other au thor i ty t h a n th is Ac t and such Jus t i ce shal l proceed with all convenient dispatch to the
| hea r ing and de te rmin ing of the compla in t agains t such | offender. |
99. A n y notice required by this Ac t or any by- law or regula
t ion made the reunder to bo served on or given to any owner or
occupier of any bui ld ing laud or premises or on or to any person m a y
be
be in wr i t i ng or pa r t ly in wr i t i ng and pa r t ly pr in ted or m a y be whol ly p r in ted A n d i t shall be sufficient for all purposes of th is Ac t unless t h e said A c t in any case prescribes a different course to be pursued if any such not ice is sent by post to t he owner by registered le t ter addressed to his l as t -known place of abode or of business or is served on the owner or occupier of such bui ld ing land or premises or left w i th some inma te appa ren t ly over t he age of fourteen years l iv ing a t t h e place of abode of such owner or occupier or if the re be no occupier if such not ice be posted on some conspicuous par t of such bu i ld ing or l and A n d any not ice required to be served or given in respect of a n y publ ic street road or lane may be served on or sent by post as aforesaid to t h e Counci l Clerk of the borough or munic ipa l dis tr ict where in such s treet road or lane or the por t ion thereof affected by the not ice is s i tuated.
100. I n t he event of t he wrongful exercise of a n y powers given by this A c t n o t h i n g in th is A c t contained shal l be const rued to p reven t a n y person from indic t ing or otherwise proceeding ei ther civilly or cr iminal ly against t he promoters for nuisance or otherwise in respect of t he works or means used or employed by the p romote r s in t h e exercise of t he privi leges hereby conferred on the promoters or to p reven t the promoters or any person recover ing any s u m of m o n e y or otherwise proceeding in any Cour t of compe ten t jur isdict ion b u t t he promoters or any person to w h o m any pena l ty or sum of money m a y by the provisions of th is A c t bo awarded m a y elect e i ther to proceed in m a n n e r in this A c t provided or to proceed for and recover damages or otherwise in a n y Cour t of competen t jur isdic t ion.
1 0 1 . W h e n e v e r t he Council of the said munic ipa l i ty shall
h a v e de te rmined to establish a sys tem of water supply unde r t h e " Coun t ry Towns W a t e r and Sewerage; A c t of 1880" or to cons t ruc t gas-works u n d e r t he " M u n i c i p a l i t y Gas A c t of 1884" such Counci l shal l have power to pu rchase any exis t ing works owned b y t h e promoters a t a price to be fixed by arb i t ra tors m u t u a l l y appointed such price to be ascer ta ined by t h e m by reference to t h e average dividends or profits for t he t h e n last th ree years or if the works have no t been in existence three years t h e n a t a pr ice not exceeding ten pe r c e n t u m advance on the cost of such works to the owners thereof for
t h e t ime being. 102. The promoters shal l not be ent i t led to any of t he r igh t s
a n d privileges conferred upon t h e m by this A c t unless they shall havecompleted t he projected works wi th in t he period of th ree years from
t h e date of t he pass ing of th i s Act .
103. N o t h i n g conta ined in this Ac t shall p reven t t h e said pro
moters be ing b rough t unde r t he provisions of any general A c t which
m a y be passed by the P a r l i a m e n t of N e w South W a l e s app ly ing equal ly
to Companies engaged in t he m a n u f a c t u r e of gas in t he said Colony w i t h reference to t h e m a n u f a c t u r e and sale of gas nor ent i t le t he said p romote r s to compensat ion from t h e publ ic revenue by reason of t he provisions of such genera l A c t for t he purpose aforesaid be ing made applicable to and b ind ing upon the said promoters .
S C H E D U L E S .
S C H E D U L E S .
F I R S T S C H E D U L E .
Borough of Penrith.
Notice to lag Service Pipes.
| N O T I C E to the owners of tenements and premises in | street and the |
private streets lanes courts and alleys opening thereunto.
T H E main pipe in the said street having been laid down the owners of all tenements and
premises situated as above are hereby required on or before the
| day of | next to cause a proper pipe and stop-cocks to be laid so as to supply |
water from the main pipe to such tenements and premises.
A . B .
Inspector (Surveyor or other Officer) for the promoters.
S E C O N D S C H E D U L E . Notice of Claim and Abstract.
| To the promoters of the Penrith Water and Gasworks | Council of |
I N pursuance of the " Penrith Water and Gas Supply Act of 1SSC" I (or we) hereby give you notice that I (or we) claim compensation in land hereunder described which has been resumed under the said Act The amount of such claim and other the particulars required by the said Act are stated in the subjoined abstract.
Abstract.
Names of persons
Names and Particulars of
Names of occupiers Dates and having the custody
| descriptions of | ; Quit rents pay | claim specifying |
Situation distinguishing other short of documents and
| parties claiming and | able if leasehold | separately the |
and whether tenants-at- particulars place or places where
| nature of their | 'name of landlord | amount claimed |
description will or under lease of docu the same may be in
| interests whether | term of lease and | for value of |
of property rent reserved ments of spected and name of
| tenants for life in | rent reserved. | property and for |
terms &c. title. claimant's solicitor
| tail or otherwise. | compensation. | or agent. |
(Signature) (Address')
(Date) T H I R D S C H E D U L E .
Notice of Valuation.
To A .B . claimant in respect of the land hereunder described resumed under the
"Penri th Water and Gas Supply Act of 1886 ."
T A K E notice that the land hereunder described being that in respect of the resumption
whereof under the authority of the aforesaid Act your claim or compensation has been
lodged has been valued at the sum of £
A. B. Promoters &c.
Description of land in respect of which claim has been made.
A L L that piece or parcel of laud &c. &c. &c.
2 a F O U R T H
F O U R T H S C H E D U L E .
P A R T I .
1. Regulations in respect of testing apparatus.
(a) The apparatus for testing the illuminating power of the gas shall consist of the most improved form of photometer known together with the proper meter minute clock governor pressure-gauge and balance The burner to be used for testing the gas shall be an Argand burner having fifteen holes and a seven-inch chimney The candle used for testing the gas shall bo sperm candles of six to the pound and two candles shall be used together.
2. The apparatus.
(b) For testing the presence in the gas of sulphuretted hydrogen A glass vessel
containing a strip of bibulous paper moistened with a solution of acetate of lead con taining sixty grains of crystallized acetate of lead dissolved in one fluid ounce of water.
P A R T I I . 1. Rule as to mode of testing gas.
(a) Mode of testing for illuminating power The gas in the photometer is to be
lighted at least fifteen minutes before the testings begin 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 gas is to be carefully adjusted to five cubit feet per hour.
The candles are to be lighted at least ten minutes before beginning each testing
so as to arrive at the normal rate of burning which is shown when the wick is slightly bent and the tip glowing The standard rate of consumption for the candles shall be one hundred and twenty grains each per hour Before and after making each set of ten observations of the photometer the gas examiner shall weigh the candles and if combus tion shall have been more or less per candle than one hundred and twenty grains per hour he shall make and record the calculations requisite to neutralize 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.
2. Mode of testing.
(b) For sulphuretted hydrogen The gas shall bo passed through the glass vessel
containing the strip of bibulous paper moistened with the solution of acetate of lead for a period of three minutes or such longer period as may be prescribed and i f any dis colouration of the test paper is found to have taken place this is held to be conclusive as to the presence of sulphuretted hydrogen in the gas.
0
0
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