Perth Gas Company's Act 1886 (WA)
50 VICTORLE. No. 33
The Perth Gas Company's AM, 1886
WESTERN AUSTRALIA
ANNO QUINQUAGESIMO
VICTORLE REGINE
No. 33
An Act to extend the powers and provisions of The Perth Gas Company, Limited,' and to give to the said Com- pany other powers and privileges.
[Assented to 16th September, 1886.
| Preamble | HEREAS under and by virtue of ' The Joint Stock Companies Ordinance, 1858,' of Western Australia, certain persons be- came and were associated under the name or style of The Perth Gas Company, Limited,' and the objects of such association were the light- ing of the streets, churches, chapels, schools, public buildings, dwelling houses, and all other houses, buildings, and places in the City of Perth, by means of Gas, and the nominal capital of the Company was stated and fixed at Twenty thousand pounds, divided into Twenty thousand shares of One pound each, and by virtue of the said Joint Stock Companies Ordinance, 1858,' the said Company became and is now duly incorporated, and certain Articles of Association have been duly adopted and agreed upon for the regulation of the said Company, and such Articles of Association have been duly registered under the pro- visions of the said Joint Stock Companies Ordinance, 1858,' and are now in full force ; And whereas under the powers contained in the said ' Joint Stock Companies Ordinance, 1858,' the Company has issued Twelve thousand nine hundred and seven shares, upon all of which the full sum of One pound per share has been paid up, and the said shares so fully paid up are now held by One hundred and fifty persons ; And whereas the said Company is now duly seised and possessed of or otherwise well entitled to certain freehold hereditaments |
| in the City of Perth known as |
Part of Perth Building Lot W 80, Part of Perth Building Lot AV 77, Part of Perth Building Lot W 78, Part of Perth Building Lot W 79, Part of Perth Building Lot S 33,
and the Company is now duly registered as the proprietors of the said land under The Transfer of Land Act, 1874,' and the said Company has erected gas works and other buildings upon the said laud or por- tion thereof, and now occupies and uses the same for the purpose of its undertaking, and the principal office of the Company is upon part of the said lands, and is fronting to and situate in Wellington Street, in the said City of Perth aforesaid, and the value of the said Company's property and plant is estimated at Sixteen thousand pounds ; And whereas the said Company has for the purpose of its undertaking borrowed certain moneys upon mortgage or security of the said lands
50 VICTORD ♦ . No. 33
The Perth Gas Company's Act, 1886
and hereditaments, and upon the bond of the said Company, and the said security is still in full force ; And whereas it would be of public and local advantage and utility, and also to the advantage of the Com- pany, if the powers of the Company under the said Joint Stock Companies Ordinance, 1858,' and the Articles of Association registered thereunder, were extended and more fully defined, and it is expedient to confer upon the Company the further powers and privileges herein- after set forth : Be it therefore enacted by His Excellency the Governor of Western Australia and its Dependencies, by and with the advice and consent of the Legislative Council thereof, as follows :-
| 1. This Act may be cited as The Perth Gas Company's Act, 1886,' short title of | Act |
and shall come into operation on the first day of October, 1880.
2. In the construction of this Act, unless there is anything in the Interpretation
subject or context repugnant thereto, the several words and expres- clause
sions hereinafter mentioned shall have or include the meanings follow-
ing, that is to say,
(a) Words signifying the singular number only shall include the
plural, and vice versa.
(b) Words signifying ' males ' shall extend to and include
females.
(c) Words signifying persons ' shall apply mutatis mittandis to
corporations.
(d) The word `month' shall mean calendar month.
(e) The expression general Act' shall mean The Joint Stock
Companies Ordinance, 1858.'
(f) The expression 'the Company' shall mean' The Perth Gas
Company, Limited.'
(g) The expression the undertaking' shall mean the making and supply of gas within the limits herein mentioned, and the making and constructing gas works for that purpose, with proper works and conveniences and apparatus connected therewith, and all other works by this Act authorised to be executed, and the doing of all things necessary or convenient for the purpose, subject to the provisions of this Act or the general Act.
(71) The words directors," manager," secretary," clerk,' engineer,' or other officer of the Company,' shall respectively mean the directors, manager, secretary, clerk, engineer, or other officer of the Company for the time being.
(i) The words `owner' or `occupier' shall respectively mean and include any person or corporation who shall, for the time being, be the owner or occupier, or have the charge of any street, road, place, or land affected or to be affected by the undertaking of the Company.
(j) The word `street' shall include, not only streets commonly so called, but also any street, market place, court, high- way, lane, public road, wharf, thoroughfare, or public passage, or place within the limits of the Act.
50 VICTORIA;. No. 33
The Perth Gas Company's Act, 1886
(k) The expression gas works' shall mean the gas works, and all other works connected therewith, by this Act or in any other way authorised to be constructed.
(0 The expression gas rate ' shall include any rent to be received or remuneration of any kind to be paid to the Company for the supply of gas or the letting of gas apparatus.
(m) The word building ' shall include places of public worship, places of public amusement, public institutions, public and private offices, dwelling houses, mills, manufac- tories, stores, shops, stables, sheds, and other similar erections, with any premises appurtenant thereto, and also public and private gardens, and enclosed courts and yards.
(n) The expression local authority' shall mean the mayor, councillors, and citizens of the City of Perth, or the Roads Board or other bodies or body having the care and charge of any of the streets or roads within the limits of this Act, and for their respective jurisdictions.
(o) The word district,' in relation to a local authority, shall mean the area within the jurisdiction of such local authority.
(p) The expression 'special resolution' shall mean a special resolution passed in accordance with section 37 of the general Act.
| Limits of the | 3. The limits of this Act shall extend to and include the City of Perth, and every place being within a circle of five miles from the General Post Office in the said City of Perth. |
| ' Joint Stock |
Act
| Companies let, | 4. All the provisions of the general Act shall apply to and form |
| 1858,' incor- | part of this Act, and both the general Act and this Act shall be read |
| porated | and construed together as one Act. |
| Articles of Asso. | 5. The articles of association adopted by the Company and duly |
| elation of the | registered under the general Act shall continue to be the regulations | e |
| P | rth Gas Corn- |
pany, m„incor- for the management of the Company, but the Company may from
porated
time to time alter and make new provisions in lieu of or in addition to
the said regulations under the powers given by the general Act.
| Powers to | 6. For the purposes of the undertaking, or for the paying off the principal sum at present secured by the existing mortgage or bond, or any interest accrued or to accrue due in respect of the same, the directors of the Company may, with the sanction of a special resolution of the Company previously given in general meeting, raise or borrow such sum or sums of money as they may from time to time think expedient, not exceeding in the whole the sum of Sixty thousand pounds, either by way of mortgage of the whole or any part of the property or assets of the Company, or by bonds or debentures, or in such manner as they may deem fit ; and so that any mortgage or other security made or given under this or any other power may contain a power of sale of the property comprised therein, and such other powers and provisions as may be thought fit and as are usual in mortgages of a like nature. All mortgages and other securities heretofore made or |
| borrow mousy |
50 VICTORI2E. No. 33
The Perth Gas Company's Act, 1885
given by the Company to any person or body corporate in the execution of any actual or assumed power or authority shall be good and effectual to all intents and purposes whatsoever, and the moneys secured by the mortgages or other securities shall be a valid charge upon the property and assets of the Company, anything in the general Act or the said articles of association to the contrary thereof notwithstanding. All moneys borrowed or to be borrowed by the Company shall be applied only in the carrying into execution the objects and purposes of the Company's undertaking.
7. All debentures issued under the authority of this Act shall be Debentures to be
on au equal footing without priority one over the other, and no dividend ,1,;1,7,1,adItntrest
shall be declared, or profits divided amongst the shareholders of the tdiv1;(lep.t1 before
| Company, until all interest previously accrued on such debentures so | 's |
| issued shall have been paid, or a sufficient sum set apart and made available for the payment thereof. |
8. Any debentures issued under the authority of this Act shall be Form of deben-
in the form or to the effect set forth in the Schedule to this Act, and tures
shall be sealed with the common seal of the Company, and be
numbered in arithmetical progression beginning with the number 1 ;
and all such debentures, with the interest coupons annexed thereto,
and every interest coupon after being detached from any such
debenture, shall pass by delivery only without any assignment or
endorsement, and the bearer of every such debenture or detached
interest coupon shall have the same rights and remedies as if he were
expressly named therein, but no interest shall be payable in respect of
any such debenture except to the holder and upon delivery up of the
coupon representing the interest claimed.
| within fourteen days after the date of any such debentures an entry, bentnres | 9. A register of debentures shall be kept by the Company, and Register of de- |
specifying the number and date of such debentures, shall be made in
such register.
10. It shall be lawful for any executor, administrator, or trustee, Trustees may in.
| having the duty of investing any trust moneys, to purchase with or itrtes | uebson deben- |
| out of such trust moneys, unless he is or they are forbidden so to do by the instrument creating the trust, or unless some particular mode of investment is thereby prescribed, any debentures issued by the Company, under the authority of this Act, and every such purchase shall be deemed a due investment of such trust moneys. |
| notwithstanding anything contained in the general Act or in the carzeorpital to | 11. In addition to the powers of borrowing before contained, and Power to in. |
article's of association registered thereunder, the Company, with the sanction of a special resolution passed at a general meeting to be con- vened for the purpose, may from time to time increase the capital of the Company by the creation of new shares, of such amount as may be deemed expedient, so, nevertheless, that the whole capital of the Com- pany shall not exceed the sum of Sixty thousand pounds.
12, The new shares shall be issued on such terms and conditions 00nditions of
| and with such rights and | privilerms annexed thereto as the general isshsau:e of new |
meeting resolving on the creation thereof may direct, and, if no direc-° tion be given, as the directors of the Company may determine ; and in
50 VICTORI. No. 83
The Perth Gas Company's Act, 1886
particular such shares may be issued with a preferential or guaranteed
right to dividends, and with a special or without any right of voting.
| New shares to | 13. All such new shares, unless the general meeting resolving on members of the Company, in proportion as nearly as may be to the shares or stock for the time being held by them respectively ; and if an offer of new shares is not accepted by the member to whom the offer is made, within one month after the date thereof, the directors may dispose of such shares in such manner as they shall deem most beneficial for the interests of the Company. |
| be offered to | |
| existing | the creation of the same otherwise direct, shall be offered to the |
| members | |
| Status of new | 14. Except so far as otherwise provided by the conditions of issue or by this or the general Act, any capital raised by the creation of new shares shall be considered part of the original capital, and shall be subject to all the provisions of the said articles of association relative to the payment of calls, transfer, register, transmission, forfeiture, lien, and otherwise. |
| shares | |
| Power to Cell- | 15. Subject to the provisions of this Act, it shall be lawful for the Company from time to time to construct and maintain such gas works and apparatus and such buildings with approaches thereto, upon the lands now belonging or which shall hereafter belong to the Company, and to do all such other acts and things as the Company shall think necessary for supplying the inhabitants within the limits of this Act with gas, and to supply such gas upon such terms as shall be agreed upon between the Company and the persons supplied therewith ; and to sell and dispose of the coke and residuum arising from the materials used in the manufacture of gas, in such a manner as the Company may think proper ; and all gas tar or ammoniacal liquor created in the |
| strait works | |
| process of making gas shall be kept in covered tanks. |
| Power to break | 16. The Company, under such superintendence as is hereinafter |
| up streets, &o., |
| under superim | specified, may open and break up the soil of any road, path, or pave- |
| teudenee, awl to | ment of the several streets and roads within the limits of this Act, and |
| open drains | may open and break up any sewers, drains, or tunnels within or under such streets and roads ; and lay down and place, within the same limits, mains, conduits, service-pipes and other works, and from time to time repair, alter, or remove the same ; and also from time to time make, repair, alter, or remove any sewers that may be necessary for carrying off the washings and waste liquids which may arise in the making of the Company's gas ; and for the purposes aforesaid may remove and use all earth and materials in and under such streets ; and the Com- pany may in any such street erect any pillars, lamps, or other works, and do all other acts which the Company from time to time .shall deem necessary for supplying gas to the inhabitants within the limits |
| And to lay pipes | of this Act ; and it shall be lawful for the Company to lay any pipe, |
| for lighting | |
| buildings | branch, or other apparatus from any main or branch pipes into, through, or against any building for the purpose of lighting the same; and to provide and set up any apparatus necessary for securing to any building a proper and complete supply of gas, and for measuring and |
| Not to enter on | ascertaining the extent of such supply. Provided always, that nothing |
| private laud | |
| without consent | in this Act contained shall authorise or empower the Company to lay down or place any pipe or other works into, through, or against any building or in any land not dedicated to public use, without the consent |
50 VICTORIIE. No. 33
The Perth Gas Company's Act, 1886
of the owner and occupier thereof, except that the Company may at any time enter upon any land for the purpose of laying or placing, and may lay or place any new pipe in the place of an existing pipe in any land wherein any pipe shall have been lawfully laid down or placed,
and may repair or alter any pipe so laid down. Provided further, that irotpthatilif,%,")
no footpath shall be broken up for the purpose of laying any main or out consent
service-pipe, without the consent of the local authority of the place or
district within which it is proposed to lay such main or service-pipe.
| 17. Before the Company proceeds to open or break up any street, road, sewer, drain, or tunnel, it shall give to the local authority under | Notice to beserved before |
| breaking up | |
| whose control or management the same may be, or to the cleric, | streets or open. |
| ing drains | |
| surveyor, or other officer of such local authority, notice in writing of the Company's intention to open or break up the same. not less than three clear days before beginning such work, except in cases of emergency arising from accidents to or defects in any of the pipes or other works, and then so soon as is possible after the beginning of the work or the necessity for the same has arisen ; and also excepting for the purpose of connecting service-pipes to mains which have been previously laid, and in such cases one clear day's notice shall be sufficient. | |
| 18. No such street, road, sewer, drain or tunnel shall, except in case of emergency as aforesaid, and except as hereinafter provided, be | drains not to beStreets and |
| broken up except under superhe | |
| opened or broken up, except under the superintendence of the local | tondenee |
| authority having the control or management thereof, or of its officer, and according to such plan as shall be approved of by the local authority or its officer, or in case of any difference respecting the plan, then according to such plan as shall be determined by two Justices, and such Justices may, upon the application of the local authority or its officer, require the Company to make such temporary or other works as the said Justices may think necessary for guarding against any interruption of the drainage during the execution of any works which interfere with any such sewer or drain. Provided always, that if no officer appointed by the local authority for the purpose shall attend at the time fixed for the opening of any such street, road, sewer, drain, or tunnel, after having had notice of the Company's intention as aforesaid, or if the local authority or its officer shall not propose any plan for breaking up or opening the same, or shall refuse or neglect to superintend the operation, the Company may perform the work specified in the notice without the superintendence of the local authority or its officer. | |
| 19. When the Company opens or breaks up any road, or the road, path, or pavement of any street, or any sewer, drain, or tunnel, the | streets brokenup to be rein. |
| stated without | |
| Company shall, with all convenient speed, complete the work for which | delay |
| the same shall be so opened or broken up, and fill in the ground and reinstate and make good, to the satisfaction of the local authority or its officer, the road, path or pavement, or the sewer, drain or tunnel, so opened or broken up, and carry away the rubbish occasioned by the work ; and the Company shall at all times, whilst any such road, path, or pavement shall be so opened or broken up, cause the same to be properly guarded, and shall cause a light sufficient for the warning of passengers to be set up and maintained against or near such road, path or pavement, where the same shall be opened or broken up, every |
50 VICTORLE. No. 33
The Perth Gas Company's Act, 1886
night during which the same shall be continued open or broken up, and shall keep the road, path or pavement which has been so broken up in good repair for two months after replacing and making good the same, and for the further time (if any), not being more than three months in the whole, during which the soil so broken up shall continue to subside.
| Penalty for | 20. If the Company opens or breaks up any street, road, sewer,. manner different from that which shall have been approved of or determined as aforesaid, or without making such temporary or other works as aforesaid when so required (except in the cases in which the Company is by this Act authorised to perform such works without any superintendence or notice), or if the Company makes any un- necessary delay in completing any such work or in filling in the ground or reinstating and making good the road, path or pavement, or the sewer, drain or tunnel so opened or broken up, or in carrying away the rubbish occasioned by the work, or if the Company neglect to cause the place where such road, path, or pavement has been broken up to be properly guarded and lighted, or neglects to keep the road, path, or pavement in repair for the space of two months next after the same is made good, or such further time as aforesaid, the Company shall incur a penalty not exceeding Five pounds for every such offence, and the Company shall incur an additional penalty of Forty shillings for each clay during which any such delay as aforesaid shall continue after the Company shall have received notice thereof. |
| without notice | drain or tunnel, without giving such notice as aforesaid, or in a |
| or delay in rein- | |
| stating |
breaking up
| In eases of delay | 21. If any such delay or omission as aforesaid take place, the local |
| " lb" Purb" | authority having the control or management of the street, road, sewer, |
| may recover | |
| and recover |
| expenses place may cause the work so delayed or omitted to be executed and | drain, or tunnel in respect of which such delay or omission shall take |
| performed, and the expense of executing and performing the same shall be repaid to such local authority by the Company, and such expenses shall be recoverable in the same manner as damages are recoverable under this Act. |
Company to 22. The Company shall do as little damage as may be in the
make eQmPensa- execution of the powers by this Act granted, and shall make com-
| tion for any | damage pensation for any damage which may be done in the execution of such |
powers.
| Power to local | 23. If at any time any local authority shall deem it necessary or |
| authmity to |
alter situation ofexpedient to require the Company to raise or sink or otherwise alter
pipes, &c. the situation of any of the pipes which shall be laid down for the pur-
poses of the Company, or to alter the situation of any pipes which shall have been laid down contrary to any of the provisions of this Act, the Company shall, within ten days next after being required so to do by notice in writing, raise or sink or otherwise alter the situation of such pipes according to the notice. And in default of the Company so doing, it shall be lawful for the local authority to cause such pipes to be so raised or sunk or the situation thereof otherwise altered, and the expense of doing the work shall, with respect to any pipes which shall have been laid down contrary to any of the provisions of this Act, either be paid by the Company or repaid by the Company to the local authority ; and the expense of doing the work with respect to
50 VICTORI2E. No. 83
The Perth Gas Company's Act, 1886
any other pipes shall either be paid by the local authority or repaid by the local authority to the Company, as the case may require. And such expenses respectively shall be recoverable in the same manner as damages are recoverable under this Act. Provided that if in raising or sinking or otherwise altering any of the pipes of the Company, any injury shall be wilfully or negligently done to the same by any person employed by the local authority, compensation shall be made by the local authority to the Company for such injury, and the amount of such compensation may be ascertained and recovered in the same manner as damages are recoverable under this Act.
24. Subject to the provisions of this Act, as hereinafter contained, Power of Como-
| the Company may from time to time and at any time enter into any E | aLyetoonrt |
contract with any person for lighting, heating, or supplying with gas for lighting
any public or private building, or for providing any person with pipes,
burners, meters, or lamps and other gas fittings and things, and for
the repairs thereof. And may also from time to time enter into any
contract with the local authority, and with other persons having the
control of the streets or roads within the limits of this Act, for lighting
the same or any of them with gas, and for providing any such local
authority or persons with lamps, lamp posts, burners, and pipes, and
other gas fittings and things for such purpose, and for the repairs
thereof, in such manner and upon such terms as shall be agreed upon
between the Company and the said local authority or other persons.
25. The price of gas to be supplied by the Company to private Price of gas to
| consumers shall be uniform throughout the limits of this Act, and the gm | iveartse |
| Company shall supply with gas, at the current price charged by it for unif mid | orm, | for |
the time being, any person demanding such supply who occupies or „,%Peleeth„pttiers
owns premises abutting on any street or road at a distance of not more
than eighty feet from any one of the Company's mains and who is not,
at the time of requiring to be so supplied, indebted to the Company,
and who shall in all respects conform to the conditions of the Com-
pany for the time being in such like cases.
| the price to be charged by the Company to such local authority for all focalauthority | 26. In the absence of any special contract with the local authority, Price of gas to |
gas supplied to it shall be less, by 10 per centum, than the price
charged by the Company for the time being to private consumers.
27. The Company may let for hire any meter for ascertaining the Power to Dom-
| quantity of gas consumed or supplied, and any | fittim,s for the gas, at nL.,th2„1 | ;:e |
| such rent or for such remuneration in money as shall be agreed upon fittings | ° |
between the Company and any person to whom the same may be let, and such rent or remuneration shall be recoverable in the same manner as the rent or sums due to the Company for gas, and such meters or fittings shall not be subject to distress for rent or to be taken in execution under any process of any court of law or equity against the person in whose possession the same may be, nor be affected by any adjudication or other proceeding in bankruptcy or sequestration of the estate of any such person.
28. The maximum price at which gas shall be sold by the Coin- chargo for
| pany to private consumers who shall burn the same by meter shall su | gelr y of gas by |
| not exceed one pound per thousand cubic feet, and the Company shall not be entitled to charge a higher rate for gas supplied by contract to |
50 VICTORDE. No. 33
The Perth Gas Company's Act, 1886
any person, and the maximum rent on meters supplied or let for hire by the Company shall not exceed fifteen per centum on the cost price in Perth of the meter used. If the Company shall charge any price or rate in excess of the above rate for any gas supplied, or any rent on meters let for hire beyond the rent above fixed, the Company shall not be entitled to receive payment for any gas supplied or rent for any meter so let for hire at such excessive price or rate or at such increased rent, and the Company shall also be liable to a penalty of not exceed- ing Five pounds for each day during which such excessive price or rate for gas or rent for meters shall be charged.
Quality of gas 29. All the gas to be supplied by the Company shall be of such
minimum quality as to produce from an argand burner, having fifteen holes and a seven-inch chimney and consuming five cubic feet of gas per hour, a light equal in intensity to the light produced by twelve sperm candles of six in the pound, burning one hundred and twenty grains per hour ; and the Company shall provide the necessary appa- ratus for testing the illuminating power of the gas, which apparatus shall at all reasonable times be available for use by the local authority or any of its officers, for the purpose of testing such illumi- nating power.
Incoming tenant 30. In case any consumer of gas supplied by the Company shall
arrnars of gasnot liable to pay leave the premises where such gas has been supplied to him, without
rates, &c. paying the gas rate or meter rent due from him to the Company, the
Company shall not be entitled to require from the next incoming tenant or occupier of such premises the payment of the arrears left unpaid by the former tenant, unless such incoming tenant or occupier has under- taken with the former tenant to pay or exonerate him from the payment of such arrears.
Power for local 31. It shall be lawful for the local authority to appoint, and from
| authomty to am time to time to remove and again appoint, an inspector of meters to be | pomt ins | pector | |
| of mete |
|
officers ma yCompany's 32. The manager, clerk, engineer, or other officer or servant of the enter buildings Company duly appointed for the purpose by the Company may, at all
for ascertaining reasonable times between the hours of nine a.m. and nine p.m., enterquantity of gas
consumed any building or place lighted with gas supplied by the Company in
order to inspect the meters, pipes, burners, or other apparatus for regulating the supply of gas, and for the purpose of ascertaining the quantity of gas consumed or supplied ; and if any person shall hinder such manager, clerk, engineer, officer, or servant as aforesaid from entering and making such inspection as aforesaid at any reasonable
50 VICTORLE. No. 33
The Perth Gas Company's Act, 1886
time within the hours before-mentioned, such person shall for every such offence forfeit and pay to the Company a sum not exceeding Five pounds.
33. If any person supplied with gas by meter or otherwise, or with Recovery of gas
| a meter by the Company under the provisions of this Act, or with r | rean | tet and meter |
| pipes, burners, or lamps, or other gas fittings, shall fail or neglect to pay any gas rate or meter rent, or the price of such meter, pipes, burners, or lamps, or other gas fittings due for the same respectively to the Company for the space of forty-eight hours next after a demand of the amount due, signed by the secretary for the time being of the Company, shall have been left at or upon the building or premises so supplied, the Company may stop the supply of gas from entering the premises, by cutting off the service pipes, and by removing the meter, when such meter is the property of the Company, or by such other means as the Company shall think fit, and may recover the gas rate and the rent due for the meter, and the price of such meter pipes, burners or lamps, or other gas fittings from such person, if less than twenty pounds, together with the expenses of cutting off the gas and removing the meter, and the costs of recovering the rates or rents or price, in the same manner as any damages or sums of money for the recovery of which no special provision is made are recoverable under this Act, or if the rates or rents or price so due amount to twenty pounds and upwards, the Company may recover the same, together with the expenses of cutting off the gas and removing the meter, by action in any court of competent jurisdiction. |
34. In all cases in which the Company is authorised to cut off and Power to take
take away the supply of gas from any building or premises under the Z:MtWoce
provisions of this Act, the Company, its manager, agent, or workmen, gas discontinued
after giving twenty-four hours' previous notice to the occupier, may enter such building or premises between the hours of nine in the fore- noon and four in the afternoon, and remove and carry away any pipe, meter, burner, fittings, or other apparatus the property of the Com- pany. Provided, however, that all damages to property of whatever description occasioned by such removal as aforesaid shall be made good by and at the expense of the Company.
35. Every person who shall lay or cause to be laid any pipe to com- Undue tzse of
| municate with any pipe belonging to the Company without its consent, gas or shall wilfully and fraudulently or by culpable negligence injure any pipe, meter, burner, or other apparatus belonging to the Company as aforesaid, or shall alter the index to any meter or prevent any meter from duly registering the quantity of gas supplied, or who, in case the gas supplied by the Company is not ascertained by meter, shall use any burner other than such as has been provided or approved of by the Company or of larger dimensions than he has contracted to pay for, or shall keep the lights burning for a longer time than he has contracted to pay for, or shall otherwise improperly use or burn such gas, or shall supply any other person with any part of the gas supplied to him by the Company shall, without prejudice to any other right or remedy for the protection of the Company or the punishment of the offender, forfeit and pay to the Company the sum of Five pounds for every such Penalty for offence, and also the sum of Forty shillings for every day such pipe | litit= of | s |
shall so remain, or such pipe, meter, burner, or other apparatus shall the company
50 VICTORLE. No. 33
The Perth Gas Company's Act, 1886
be so used, or such excess shall be so committed or continued, or such supply furnished, and the Company may take off the gas from the building and premises of the person so offending, notwithstanding any contract which may have been previously entered into and which may be then in existence. And in addition, the Company may recover the amount of any damage sustained by the Company by or through any such wrongful act or injury, in the same manner in which damages are made recoverable by this Act.
| Penalty for wil- | 36. Every person who shall wilfully remove, destroy, or damage any pipe, pillar post, lamp post, plug, lamp, or other work or property of the Company for supplying gas, or who shall wilfully extinguish any of the public lamps or lights, or waste or improperly use any of the gas supplied by the Company, shall for each such offence forfeit and pay to the Company any sum not exceeding Five pounds, in addition to the amount of the damage done. |
| fully damaging | |
| pipes, are. | |
| Damages for | |
| accidentally | 37. Every person who shall carelessly or accidentally break, throw apparatus belonging to the Company or under its control, shall pay such sum of money and such costs, by way of satisfaction to the Com- pany for the damage done, as any two Justices shall think reasonable, and the Company may recover the same, in the same manner as damages are made recoverable by this Act. |
| damaging pipes, | down, or damage any pipe, pillar lamp, lamp post, lamp iron, or other |
| &a. |
| Fittings not to | 38. No person shall fit up any apparatus or fitting, whereby gas |
| cocted ith- | shall be obtained from any main or pipe belonging to the Company, |
| be corm | ith mains | w |
| out previous | without the consent in writing of the Company or its secretary, |
| consent | manager, or other officer first obtained for that purpose. And any person committing a breach of this clause shall forfeit and pay to the Company the sum of Five pounds for every such offence, and a further sum of Forty shillings for every day during which such offence shall continue. |
Costs of distress 39. Any Justice who shall issue a warrant of distress for the
recovery of any money due to the Company, either by way of penalty or damages, or otherwise, may order that the costs of the proceedings for the recovery of the same shall be paid by the person or persons liable to pay the same money, and such costs shall be ascertained and included in the warrant of distress for the recovery of such money.
Penalty on com-
| pany for causing | 40. If the Company shall at any time wilfully or negligently cause canal, reservoir, aqueduct, water-way, feeder, pond, spring-head, or well, or into any drain communicating therewith, any washings or other substance produced in the making or supplying gas, or shall wilfully do any act connected with the making or supplying of gas whereby the water in any river, stream, brook, creek, canal, reservoir, aqueduct, water-way, feeder, pond, spring-head, well, water-pipe, or water-course shall be fouled, the Company shall forfeit for every such offence the sum of Twenty pounds. |
| water to be | or suffer to be brought or to flow into any river, stream, brook, creek, |
| fouled | |
| Penalty to be | |
| sued for wit/du | 41. The said penalty of Twenty pounds shall be recovered, with full costs of suit, before any two or more Justices in a summary way, or in any Court of competent jurisdiction, by Her Majesty, or by the local authority, or by any person into whose water such washings or other substance shall be conveyed or shall flow, or whose water shall |
| 6 months |
50 VICTORIZE. No. 33
The Perth Gas Company's Act, 1886
be fouled by any such act as aforesaid ; but such penalty shall not be recoverable unless it be sued for during the continuance of the offence, or within six months after it shall have ceased.
| such penalty shall have been recovered or not), the Company shalll'',1:toteTene" Of | 42. In addition to the said penalty of Twenty pounds (and whether Daily penalty for |
forfeit any sum not exceeding the sum of Five pounds (to be recovered in the like manner) for each day during which such washings or other substance shall be brought or flow as aforesaid or the act by which such water shall be fouled shall continue after the expiration of twenty-four hours from the time when notice shall have been served on the Company on behalf of Her Majesty, or by the local authority, or by any person into whose water such washings or other substance shall be brought or shall flow or whose water shall be fouled thereby.
43. Whenever any gas shall escape from any pipe laid down or set Daily penalty
up by or belonging to the Company, the Company shall, immediately cgasiuriangeerscaro€ after receiving notice thereof in writing, take all necessary steps to to the company prevent such gas from escaping ; and in case the Company shall not,
within two clear days next after service of such notice, effectually prevent the gas from escaping and wholly remove the cause of com- plaint, the Company shall for every such offence forfeit and pay the sum of Five pounds for each day during which the gas shall be suffered to escape after the expiration of two clear days from the service of such notice.
| 44. Whenever any water within the limits hereinbefore mentioned shall be fouled by the gas of the Company, the Company shall forfeit to the person whose water shall be so fouled for every such offence a sum not exceeding Ten pounds, and a further sum not exceeding Five pounds for each day during which the offence shall continue after the expiration of two clear days from the service of notice of such offence. | Penalty if water | |
| fouled with gas | ||
| 45. For the purpose of ascertaining whether such water be fouled by the gas of the Company, the person to whom the water supposed | Power to | |
| ||
| to be fouled shall belong, or the local authority, may dig up the | tain the cause of fouling, and | |
| ground and examine the pipes, conduits, and works of the Company, | notice to be | |
| provided that such person or local authority before proceeding to so dig | given | |
| and examine shall give to the Company twenty-four hours' notice of the time at which such digging or examination is intended to take place ; and also that such person shall give to the local authority a like notice where such digging or examination is to take place ; and the Company shall, subject to the next clause of this Act, have the like obligation of reinstating the road, path, or pavement, and the same penalties for unnecessary delay, or any nonfeasance or mis- feasance therein, as are hereinbefore provided with respect to roads, or the paths or pavements of streets broken up by the Company for the purpose of laying its pipes. |
46. If upon any such examination it shall appear that such water Expense of
has been fouled by any gas belonging to the Company, the expense eafratt,'IT to
of the digging and examination and of the repair of the street or
place disturbed in any such examination shall be paid by the Com-
pany; but if upon such examination it shall appear that the water
has not been fouled by the gas of the Company, the person or local
50 VICTORI/E. No. 33
The Perth Gas Company's Act, 1886
authority causing such examination to be made shall pay all such expenses to the Company, and shall also make good to the Company any injury which may be occasioned to the Company's works by such
examination.
How expenses to
| be ascertained | 47. The amount of the expense of every such examination and repairs, and of any injury done to the Company or to its works, shall, in case of any dispute about the same, together with the costs of ascertaining and recovering the same, be ascertained and recovered in the same manner as damages for the ascertaining and recovery whereof no special provision is made are to be ascertained and re- covered. |
| the Company |
| No creditor of | 48. No judgment or other special or simple contract creditor of |
| allowed to re- | the Company shall, by or under any law, title, or pretence whatever, |
| move pipes, &O., | |
| laid in streets or | levy or seize in execution or in any way attempt to recover payment |
| buildings | of any sum of money due to him from the Company by taking and removing any of the pipes or lamps of the Company laid, placed, or fixed in, under, upon, or through any street or road within the limits of this Act, or in any building not being in the occupation of the Company. |
| Company may be |
| indicted for | 49. Nothing in this Act contained shall prevent the Company from |
| nuisance | being liable to an indictment for nuisance or to any other legal pro- |
| Not exempt from ceeding to which they may be liable in consequence of their making | provisions of | |||
| ||||
| ||||
| ||||
| Company's chase all the land, buildings, works, hereditaments, lamps, pipes, stock, | ||||
| works and appurtenances of and belonging to the Company, in the name and on the behalf of the corporation, upon giving to the directors six calendar months' notice in writing of such intention so to do, and upon such terms and conditions as shall or may be mutually agreed. upon between the directors and the corporation ; but in case of any dispute or disagreement arising between the directors and the corpora- tion respecting such purchase as aforesaid, then it shall be lawful for the directors or the corporation, if they or either of them shall think fit, to require that it shall be left to arbitration to determine what amount of purchase money shall be paid to the directors ; and in the event of such arbitration being required, the corporation shall name one person and the directors another ; and if such two persons cannot agree upon the amount to be paid to the Company, then the same shall be referred to the umpirage of some third person to be appointed by such two first-named persons previously to their entering upon the arbitration ; and the determination of such arbitrators or umpire, as the case may be, shall be binding and conclusive on the said parties and their respective successors and assigns. | ||||
| ||||
|
successors.
Application of
| damages and | 52. Where any damage is done to the Company's property, and any damages are awarded to the Company for such injury ; and |
60 VICTORI2E. No. 33
The Perth Gas Company's Act, 1886
where any penalty for an offence against the Company's property is penalties
| directed by this Act to be paid to the Company ; such damages or `g irl | ° tre |
| penalty respectively shall be paid to the Company for its own use. | Company |
53. Subject to the provisions of this Act, one moiety of all Application of
penalties imposed or recovered under this Act, where the application ° the'. Penalties
is not otherwise provided for, shall be paid to the informer, and the
other moiety to the local authority.
| 54. Subject also to the express provisions of this Act, all gas rates, rent, damages, expenses, and other sums of money by this Act made payable to or by or recoverable by or against the Company shall, where the amount sought to be recovered does not exceed Twenty pounds, be recoverable in a summary way before two or more Justices, in the manner directed by an Ordinance passed in the session holden in the 14th year of the reign of Her Majesty Queen Victoria, No. 5, intituled. An Act to facilitate the performance of the duties of Justices of the Peace out of Sessions, within the Colony of Western Australia, with respect to summary convictions and orders,' or any Ordinance passed for the amendment thereof ; and where the amount sought to be recovered exceeds Twenty pounds, then the same shall be recovered by action in any court of competent jurisdiction. | Recovery of gas |
| rates, &e. |
55. Subject also to the express provisions of this Act, all offences Mode of pro-
against this Act, and all penalties imposed thereby, shall be prosecuted cotie"g in°,`, d „,,
| and recoverable in the same way and manner as is prescribed by see- | covers, of | |
| ||
| tion 56 of the general Act. |
56. Nothing in this Act shall prejudice or affect the rights or saving clause
remedies of the Company against any individual shareholder, or against any other person or persons whomsoever, or the rights or remedies of any individual shareholder, or other person or persons whomsoever against the Company, or prejudice the shareholders or other persons as between themselves as private individuals in respect of any act, business, matter, or thing that may, before this Act shall come into operation, have been done or entered into or have arisen in pursuance of or under, or by reason of the general Act or the articles of association of the Company, or any clause or clauses thereof respectively.
| shall be judicially taken notice of as such by all Judges, Justices, and a public Act | 57. This Act shall be deemed and taken to be a public Act, and Act to be deemed |
others within the said Colony of Western Australia, without being
specially pleaded.
58. Except where otherwise provided by this Act, all informations Offences to be
and proceedings in respect of offences against this Act shall be com-
| menced within three months after the offences thereby respectively months | i'vrithinnuiree |
| charged shall have been committed. |
59. No order, judgment, warrant, or other proceeding made or No judgment,
| purporting to be made under or concerning the conviction of any ria,,M, | offender against this Act shall be quashed or vacated for want of form want of form or |
| only, or be removed or removable by certiorari or by any writ or rceeileita",.°„",Fia process whatsoever into any superior court of this Colony. |
F. NAPIER BROOME,
GOVERNOR.
50 VICTORLE. No. 83
The Perth Gas Company's Act, 1886
SCHEDULE
WESTERN AUSTRALIA
THE PERTH GAS COMPANY, LIMITED'
Transferable by delivery
(Under the authority of The Perth Gas Company's Act, 1886 ')
This Debenture entitles the bearer to the sum of One hundred pounds on the rate of
| the | day of | with interest thereon in the meantime at |
per centum per annum payable half-yearly on the
day of and the day of in every year, as per dividend coupons annexed ; which principal sum and interest are hereby charged and secured upon the undertaking, rates, and other revenues of The Perth Gas Company, Limited.' And such principal sum and interest are payable at the Office of the Company in Perth.
Given under the common seal of the Company, at Perth aforesaid, this
| day of | 18 . |
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0
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