Sydney Hydraulic Power Company's Act 1888 (NSW)
| S m itfj | m a l e s . |
ANNO QUINQUAGESIMO SECUNDO
YICTORI^ REGINJ5.
| An Act to facilitate the supply of m otive power on the hic^h-pressnre hydraulic system for use on wharves, in warehouses, and other buildings, for electric lighting*, and for the extinguish ing of fires, and other purposes, in the City of Sydney and | Sydney | ........ |
| H ydraulic | P ow er |
| its Suburbs. | [13 /̂̂ December, 1888.} |
TTTH EREA S tlin establisliment of a system for applying motive Preamble.
power by liydraulic pressure for use on wharves, in warehouses, factories, hotels, offices, and dwellings, as also in electric lighting and fire extinction in the eity of Sydney and its suburbs, would be of great local and public advantage. And whereas William Gardiner of the city of Sydney, merchant, William Henry Paling, of the same place, merchant, William Thomas Poole, of the same place, Esquire, James Angus, of the same plaee, contractor, and John William Clift', of the same plaee, merchant, are willing to undertake the establishment of such a system, but the same cannot be carried out without the authority of Parliament. And whereas it is expedient to confer upon the said William Gardiner, William Henry Paling, William Thomas Poole, James Angus, and John William Cliff, legislative authority to establish, maintain, and use the said system. And whereas it is expe dient that power should be conferred upon the said William Gardiner,
T V
| a | William |
| 62 ̂ VIC. | 1888. |
Sydney Sydraulic Power Com,pany's.
William Henry Paling, William Thomas Poole, James Angus, and John William Cliff, to transfer and assign their rights, powers, authorities, obligations, and liabilities under this Act, to any company duly incorporated for that purpose. Be it therefore enacted by the Queen’s Most Excellent Majesty, by and with the advice and consent of the Legislative Council and the Legislative Assembly of New South Wales in IParliament assembled, and by the authority of the same as follows, that is to say :—
Introduction.
| Short title. | 1. This Act may be cited as the “ Sydney Hydraulic Power Company’s Act, 1888,” and shall come into operation on tin; passing of this Act. |
| Interpretation of | 2. | The following words and expressions in this Act shall have the |
| terms. |
meanings hereby assigned to or included in them, unless there be something in the subject or context repugnant to such construction, that is to say—
| The promotei;s. | The expression “ the promoters” shall mean the said William Gardiner, William Henry Paling, William Thomas Poole, James Angus, and John William Cliff, and include their and each of their heirs, executors, administrators, and assigns. |
| The undertaking. | The expression “ the undertaking ” as applied to the promoters shall mean the supplying of hydraulic power within the limits within which the promoters are authorized by this Act to supply hydraulic power, and the constructing of all works and the doing of all other things necessary or convenient for that purpose, subject to the provisions of this Act. |
| Street. | The word “ street ” shall include not only any street commonly called, but also any highway, public road, lane, court, or passage, market-place, square, wharf, pier, or other tliorough- fare, or public place within the limits of this Act. |
| Apparatus. | The expression “ apparatus ” shall mean and include all mains, pipes, fire extinguishers, hydrants, lifts, fixed or portable cranes, and all other machines, mechanical fitthigs, and appliances necessary or proper for or which may bo used for the purpose of or in connection with the carrying on of the business or affecting any of the objects of the promoters. |
| Lociil authority. | The expression “ local authority” shall mean the Munieijial Council of Sydney, and the Municipal Council of any borough or municipality. |
| District. | The word “ district ” in relating to a local authority shall mean |
the area within the jurisdiction of such local authority.
| Justice. | The word “ Justice” shall mean a Justice of the Peace for the |
Colony of New South "Wales.
| Limits of Act. | 3. The limits of this Act shall extend to and include the city of Sydney, and with the consent of the local authority to any borough or municipal district within the suburbs thereof. |
PAET I.
By-laws.
| By-laws. | 4. I t shall be lawful for the promoters from time to time to make such by-laws as they may deem necessary for the purpose of regulating, controlling, or protecting the apparatus of the promoters, or for the supply of hydraulic power or for fixing the charges for the same, and for the purposes of regulating the conduct of the officers and |
servants
1888. 52̂ ̂ VIC.
Sydney Hydraulic Power Company's.
servants of tlie promoters, and for providing for the due management of the affairs of the promoters in all respects, and from time to time hy other by-laws to alter or repeal any such hy-laws.
5. All or any such hy-laws being consistent with the provisions By-laws to bo
of this Act and not repugnant to any other Act or law in force ''vithin
the Colony of New South Wales shall have the force of law when ami gazetted,
confirmed by the Governor, with the advice of the Ext'cutivc Council,
and published in the Government Gazelle, hut not sooner or otherwise.
The production of the Government Gazette with any such hy-laws so
| puldishcd as aforesaid shall in any suit or proceeding whatsoever he | ' |
| suflicient evidence that such hy-laws have been confirmed and published as is herein required. |
6. Any by-laws made under this Act may state some minimum By-laws to bo
and maximum penalty for any Jieglect or breach thereof respectively, entoroed by penalty
Provided that no such maximum penalty shall exceed ten pounds.
7. All hy-laws made under the authority of this Act shall he rnbUcation of
painted on hoards, or printed on paper and posted on hoards and hung
up and affixed and continued on the front or other conspicuous part of eveiy central pumping station or office belonging to the promoters, and such hoard shall from timt' to tim e he renewed as often as the by-laws tiu'reon or any part thereof shall Ix' obliterated or destroyed, and no piuialty im])osed hy any by-law shall he recovi'rahlc unless the same shall liaAn been puhlislu'd and kept published in manner aforesaid.
8. I t shall he laAvf ul for the promotc'rs hy any such hy-laAV or By-laws may compel
| hy-laAVS to provide for compelling any officer or servant of the | °° |
| promoters to perform on all or any Sundays and holidays throughout holidays. | |
| the year, any Avork Avhich such officer or serAmnt may liaA'c agreed Avith the promoters to perform, and Avhich in the opinion of the promoters may he necessary for the extinction of fires, or the Avorking of lifts in hotels, coffee palaces, lodging-houses, and private residences, and no hy-laAV framed for the said jmrpose shall bo deemed repugnant to the laAvs of the Colony of Nenv South Wales, nor shall any agreement made Ix'tAvi'i'ii the promoters and any officer or servant of the promoters, Avhether in Avriting or A'erhal, he deemed invalid hy reason of any stipulation contained therein binding any such officer or servant to Avork on Sundays or holidays. | |
| Powers and responsibilities o f the Promoters as regards the execution |
| o f | IVorhs. |
9. The promoters, under such superintendenee as is hereinafter Bower to break up specified, may Avith the previous consent in Avriting of the local i,Vtond\nco au7to’'' authority open and lireak up the road, path, or paAmment of any open drains,
streets Avithin the limits of this Act, and may open and break up any
scAvers, drains, or tunnels Avithin or under such street, and lay down
and place Avithin the same limits, mains, conduits, seiwice-pipes, and
other apparatus, and from time to time repair, alter, or remove the
same, and for the purposes aforesaid, may remove and use all earth
| and materials in or under sueh street, and the promoters may do all | ' |
| other acts Aidiich the promoters shall, from time to time, deem necessary for supplying hydraulic poAver Avithin the limits of this Act, and it And to lay pipes for | |
| sh a ll he laAvful for the promoters to la y any pipe, hrancli, or other ®'‘PPh'ng buddings. apparatus from any main or branch j îpes, into, through, or against any Imilding for the purpose of providing and supplying such | |
| poAver and to provide and sot up any ajiparatus necessary for securing to | |
| any building a supply of hydraulic power, and for measuring and |
| ascertaining the extent of such supply. | ProA'ided alAAvays that nothing Not to enter on |
| herein sliall authorize the promoters to lay doAvn or place any pipe or | -t |
| other works into, through, or against any building, or in any land not | conseg . |
| dedicated to public use, Avithout the consent of the owners and occupiers |
thereof.
| 52° VIC. | 1888. |
Sydney SydrauUc Power Company's.
thereof, except that the promoters may at any time enter upon any land for the purpose of laying or placing, and may lay or place any ncTr pipe in the place of an existing pipe in any land wherein any pipe shall have been lawfully laid down hy the promoters or placed, and may repair or alter any pipe so laid down or placed.
| Notice of intention | 10. | Before the promoters proceed to open or break up any street, |
| to be served on |
| persons having | sewer, drain, or tunnel they shall give to the local authority under whose |
| breaking up streets or | |
| control, &c., before | management or control the same may he, and in the case of sewers or |
| opening drains. | water mains then to the Water and Sewerage Board, or to its clerk, surveyor, or other officer, notice in writing of their intention to open or break up the same not less than seven clear days before beginning the work, except in cases of emergency arising from accidents to or defects in tiie pipes or other works, and then so soon as is possible after the beginning of the work or after the necessity for the same shall have arisen. |
| Streets or drains |
| not to be broken | 11. No such street, sewer, drain, or tunnel shall, except in |
| up except under | cases of emergency as aforesaid, and except as hereinafter provided, |
| the superintendence | |
| of local authority | he opened or broken up except under the superintendence of the local |
| or officer. | authority having the management or control thereof or its officer, and according to such plan as shall be approved of hy the local authority the promoters shall make such temporary or other works as may he necessary for guarding against any interruption of the drainage during the execution of any works which interfere with any sewer or drain. Provided always tliat if no officer appointed hy the local authority for the purpose shall attend at the time fixed for the opening of any such street,drain, or tunnel, after such notice of the promoter’s intention as aforesaid shall have been duly given, or if the local authority or its officer shall refuse or neglect to superintend the opei’ations, the pro moters may perform the work specified in the notice without the superintendence of the local authority or its officer. |
| Streets or drains | |
| broken up to be | 12. When the promoters open or break up the road, path, or shall with all convenient speed complete the work for which the same shall be broken up, and fill in the ground and reinstate and make good to the satisfaction of the local authority or its officer, the road, patli, or pavement, or the sewer, drain, or tunnel so opened or broken up, and carry away the rubbish occasioned hy the work, and the promoters shall at all times whilst any such road, path, or pavement shall he so opened or broken up, cause the same to he fenced and guarded, and shall cause a light sufficient for the warning of passengers to he set up and maintained against or near such road, path, or pavement where the same shall he opened or broken up every night during wliich the same shall he continued open or broken up and shall keep the road, path, or pavement which has been so broken up, in good repair for three months after replacing and making good the same, and for tlie further time (if any) not being more than twelve months on the whole during which the soil so broken up shall continue to subside. |
| reinstated without | pavement of any street, or any sewer, drain, or tunnel, the promoters |
| delay. | |
| Promoters alone | |
| responsible for | 13. The promoters shall he alone answerable for all accidents, damages, and injuries happening through their act or default, or through the act or default of any person in their employment by reason or in consequence of any of their w^orks or apparatus, and shall save harmless all local and other authorities, companies, or bodies, collectively and individually, and their officers and servants from all damages and costs in respect of such accidents, damages, or injuries. |
| damages. | |
| Penalty for delay, | |
| &c., in reinstating | 14. If the promoters open or break up any street or sewer, drain or tunnel, without giving such notice as aforesaid, or in a manner different from that which should 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 promoters |
| streets, &c. |
are
1888. 52 ̂ VIC.
Sydney Hydraulic iPoioer Company's.
are hereby authorized to perform such works without any such superintendence or notice, or if tlie promoters make any delay in completing any such Avork or in filling in the gronnd, or reinstating and making good the road, jiatli, or paA^ement, or the seAver, drain, or tunnel so opened or broken up, or in carrying away the rubbish occasioned by the AAork, or if the promoters neglect to cause the place Avhere such road, path, or pavement has been broken up to he fenced, guarded, and lighted, or neglect to keep the road, path, or paA'cment in repair for the space of three months next after the same is made good, or such further time as aforesaid, the promoters shall incur a penalty not exceeding fifty pounds for every snch offence, and the promoters sliall incur an additional penalty of fi.A"e pounds for each day during Avhich any such delay as aforesaid shall continue after the promoters shall have received notice thereof.
15. I f any such delay or omission as aforesaid takes place, the in case of delay
| local anthority havins: the management or control of the street, sewer, | om'̂ sion |
drain, or tunnel, in respect of which such delay or omission shall take state ami recover
place may cause th c Avork so delayed or omitted to he executed, and
the expenses of executing the same shall he repaid to such local
authority hy the promoters, and such expenses shall he recoA’erahle in
the same manner as damages are recoverable nnder this Act.
10. The promoters shall do as little damage as may he in the compensation to
execution of the powers hy this Act granted, and shall make com
| pensation for any damage Avhich may he done in the execution of such dlmTgir̂ | ̂ |
| poAver. |
| 17. | If at any time any local authority should think it necessary xoHcc | of alteration |
or expedient to require the promoters to raise or sink or othenA'ise alter the situation of any of the pipes Avliich shall he laid doAvn for the purposes of the promoters, or to alter the situation of any pipes AA'hich shall have been laid doAAm contrary to any of the provisions of this Act, the promoters shall, Avitliin ten days next after being required so to do hy notice in Avriting, raise or sink or othei’AAlsc alter the situation of such pipes according to the notice, and in default thereof it shall he laAvful for the local authority to cause such pipes to he so raised or sunk or the situation thereof othcrAvisc altered, and the expense of doing the Avork shall he paid hy the promoters or repaid hy the promoters, and such expenses shall he rccoA^erahlc in the same manner as damages are recoverable under this A c t: Provided that the promoters he not called upon to make such alterations in the situation of their pipes unless such alteration be necessary for the carrying out of city improA^ements or municipal Avorks.
Offences against the promoters and protection o f the promoters'
privileges and charges.
18. Every person who shall lay or cause to he laid, any pipe Penalty for injuring
to communicate AAoth any pipe belonging to the promoters AV'ithout orXlvaudinĝ tiiT*̂ "*
their consent, or shall Avilfully or hy culpable negligence injure, or promoters,
suffer to be injured any pipe, meter, or other apparatus belonging to
tlic promoters, or shall alter the index to any meter, or prevent any
meter from duly registering the quantity of hydraulic poAA"cr supplietl,
or shall fraudulently abstract any Avater of the promoters, shall, Avdth-
out prejudice to any right or remedy for the jArotection of tlie promoters
or the punishment of the offender, forfeit and pay to the promoters for
every such offence, a sum not exceeding ten pounds, and in addition
thereto tlie promoters may recover the amount of any damage sustained
by the promoters hy any such wrongful a c t; and in any case in Avliicli
any person has AA'ilfully or by culpable negligence injured, or caused to be
injured, any pipe, meter, or other apparatus belonging to the promoters,
| 52” VIC. | 1888. |
Sydney Hydraulic Fower Company’’s.
or altered tlie index to any meter, or prevented any meter from duly registering the quantity of hydraulic power supplied, the promoters may also, until the meter complained of has been remedied hut no longer, discontinue the supply of hydraulic power to the person so offending, notwithstanding any contract previously existing.
| Penalty for Inter | 19. Every person who shall wantonly or maliciously hinder or interrupt any of the officers, workmen, or servants of the promoters in the legal performance of their duties, or shall in anywise cause or procure such hindrance or interruption to take place, and shall be convicted of so doing before any Stipendiary or Police Magistrate, shall for every such offence incur such penalty as such Magistrate may award, not exceeding ten pounds, and snch Magistrate shall also order the offender to pay to the promoters the full amount of the damage which the promoters may sustain by such hindrance or interruption. Provided always that nothing herein contained shall he construed to restrain any local authority or any person duly authorized hy such local authority for the purpose from preventing the promoters from infringing any regulation of such local authority for the improvement of the streets within its district, or shall expose any such local autliority or any person so authorized to any penalty or payment for so doing. |
| rupting promoters’ | |
| workmen. | |
| Kemedios for | 20. If any person supplied with hydraulic power l)y the pro under any contract made hy and between the promoters, and snch person for the space of seven days next after a demand of the amount duo signed hy the promoters or one of them shall have been left at or upon the building or premises so supplied the promoters may stop the supply of water from the mains or apparatus of the promoters from entering the premises of such person hy cutting off the service pipes or hy such means as the promoters shall think fit, and may recover the expense of so doing, together with the charges so due and unpaid hy action in any Court of competent jurisdiction. |
| recoyering of | |
| charges, &e., due to | moters neglects to pay any charges or other moneys due for the same |
| the promoters. | |
| Power to take away | 21. In all cases in wliich the promoters are authorized to cut off and take away the supply of hydraulic power from any building or premises under the provisions of this Act the agents or workmen of the |
| pipes, &c. | |
| When supply | |
| discontinued. | promoters may after seven days’ notice has beim given to the occupier enter into any such building or premises between the hours of nine in the forenoon and four in the afternoon, and remove and carry away any pipes, meters, or other apparatus the property of the promoters. Provided that all damage to property of whatever description occasioned hy such removal as aforesaid shall he made good hy or at the expense of the promoters. |
Offences hy the 'Promoters and Protection o f the Public.
| Daily penalty | 22. The promoters shall not at any time cause or permit any overflow or leakage of water from any main or pipe laid down hy or belonging to the promoters; and in case of any such occurrence, immediately after the receipt of notice thereof in wTiting from the local authority or any of its officers or servants, the promoters shall effectually stop and prevent such overflow or leakage, and in case the promoters shall neglect to do so within eight hours of the receipt of such notice, they shall, for every such offence, in addition to any proceedings hy way of indictment or otherwise, to which they may he subject, forfeit and pay a sum not exceeding ten pounds for each and every day during which sucli escape or leakage shall continue after the expiration of the said period of eight hours. |
| during escape of | |
| water after notice. |
| Power after notice | 23. Eor the purpose of ascertaining whether any water be |
| to examine pipes to |
| ascertain escape of | escaping from the pipes or apparatus of the promoters, the local |
| water. | authority of the district may cause the ground to he dug up and the |
pipes,
1888. W VIC.
Sydney Hydraulic Tower Company’s.
pipes, conduits, and works of the promoters to he examined. Provided that sucli local authority, before proceeding with such digging or examination shall give eight hours’ notice in writing to the promoters of the time at which such digging and examination is intended to take place; and if it shall be found tliat such escape was actually taking place from the pipes and apparatus of the promoters, they shall be subject to the like obligations of reinstating the road, path, or pavement disturbed, and the same penalties for any delay or any misfeasance or nonfeasance therein, as are hereinbefore provided with respect to roads, paths, and pavements broken up by the promoters for the purpose of laying their pipes.
24. If, upon any such examination, it shall appear that the water Bv whom expenses
| was escaping from the pipes or apparatus belonging to the promoters, the | ’ |
| expense of the digging and examination and of the repair of the street or place disturbed in any such examination shall ho paid by the promoters. |
Legal proceedings and application o f penalties.
25. Subject to the express provisions of this Act, all damages. How damages, &c.,
expenses, or other sums of money directed by this Act to bo paid by or to the promoters or any other person and all penalties imposed by this Act for offences or by any by-law made in pursuance of this Act shall, where the amount sought to be recovered does not exceed fifty pounds, be recoverable in a summary way before a Stipendiary or Police Magistrate, and payment of any sum adjudged to be paid shall be enforceable as thereby provided, and where the amount sought to be recovered shall exceed fifty pounds, all such damages, expenses, or other sums of money, and all such penalties shall be recoverable by action in the Supreme Court or any other Court of competent jurisdiction.
2G. Any summons or warrant issued for any of the purposes of Contents of
this Act may contain in the body thereof or in a schedule thereto several names and sums ; and where by this Act any damages or expenses arc directed to be paid in addition to any penalty or penalties the amount of such damages and expenses shall bo ascertained and ad judged by the Stipendiary or Police Magistrate before whom the offender shall be convicted.
27. Any Stipendiary or Police Magistrate who issues a warrant W arrants of distress
| of distress in pursuance of the provisions of this Act may order that | include costs, |
| the costs of the proceedings for the recovery of the money to be levied shall he paid by the person liable to pay such money, and such costs shall be ascertained by the Stipendiary or Police Magistrate and shall bo included in the warrant of distress for the recovery of such money. |
28. The Stipendiary or Police Magistrate before whom any Form of
person shall be convicted of any offence against this Act may cause conviction,
the conviction to be draAvn up according to the following form (that is
to say) :—^
| ( Be it Femembered that on the | day of | in |
| To wit. | \ the year of our Lord |
| A.B. is convicted before mo C.D. one of Her Majesty’s Justices of the Peace for the [liereby describe the offence generally and the time and place loherc and when committed] contrary to the “ Sydney Hydraulic Power Company’s Act 1888.” \llere slate penalty impjosed.] | ’ |
| Given under my hand and seal at | in the Colony |
of New South Wales, the day and year first above written.
C.IX
| 8 | 52'’ VIC. | 1888. |
Sydney Hydraulic Power Company's.
| Justices not | 29. No Stipendiary or Police Magistrate shall be disqualified |
account on>eing froui acting in the execution of this Act hy reason of his being a custom er,buU iare. customer of thc promoters, hut no such Magistrate who shall hold
quaiiâ . ̂ ' ' shares in the Company if formed, as hereinafter provided, shall be qualified to sit on the trial of any complaint or information laid under this Act.
^romo”ters°fTOm'b ̂ ^^otliiug iu this Act Contained shall prevent the promoters
mdictwi fo/nuisance. from being liable to an indictment for nuisance or to any other legal proceeding to which they may he liable in consequence of supplying hydraulic power.
Proof of debU in
| bankruptcy. | 31. If any person against whom the promoters shall have any claim or demand shall have his estate sequestrated, or make any liquida tion hy arrangement or compound with his creditors, or shall otherwise come under the provisions of any Act relating to bankrupt debtors, it shall he lawful for any one of the promoters, in all proceedings under any such Act, or with respect to the estate of any such bankrupt to represent the promoters, and act in their behalf in all respects as if such claim or demand had been the claim or demand of such individual promoter. |
| Saving rights of Her | |
| MajoBty. | 32. Nothing in this Act contained shall he deemed to afFcct or apply to any right, title, or interest of Her Majesty, her heirs or successors. |
| ror^ra°ion of | Corporation of the city of Sydney within whose limits |
Sydney to purchase the Undertaking, property, and apparatus of the promoters or any part
at prescribed periods, thereof passcs Or is situate may, after the expiration of twenty years from tlte date of the passing of this Act or at the expiration of each succeeding ten years thereafter, hy giving six months’ notice in writing, require the promoters to sell, and thereupon the promoters shall sell to the corporation of the city of Sydney the undertaking, property, apparatus, and business of the promoters upon the terms of paying to the promoters the then value thereof, such value, in case of
As t > appointment
| of arbiliators. | difference, to be determined hy three arbitrators, or any two of them, one of whom shall he appointed hy the corporation of the city of Sydney so purchasing, another by the promoters, and the third hy such other two arbitrators before they proceed in the arbitration. If either the corporation of the city of Sydney so purchasing or the promoters shall neglect or refuse to appoint an arbitrator pusuant to the above provision for two calendar months after the other of them shall have appointed an arbitrator and given notice thereof to the other of them, then the arbitrator already appointed shall appoint a second arbitrator and such two arbitrators shall jointly appoint the third |
| When sale made, | arbitrator. When any such sale has been made all the rights, powers, |
| rights, Ac. of | promoters to vest inand authorities of the promoters in respect to the undertaking, pro- | ||
| and may L'exerched P^rty, apparatus and business shall be transfered to, vested in, and | |||
| |||
| |||
| |||
| T property, apparatus, and business, one moiety of such excess shall he of tim”work8 in*good P̂ -id hy the promoters to trustees to be appointed as hereinafter repair and *>e provided. And such trustees shall invest the same, and the interest to | |||
| the purchase mOTey’ accrue duo theroon on behalf of the corporation of the city of Sydney, | |||
| payable by the SO as to accumulato the same by way of compound interest, and when | |||
|
1888. 52̂ VIC.
Sydney Sydraulic Toicer Company’s.
35. Thc trustees aforesaid shall be appointed in manner follow- As to appointment
| in" ; one trustee shall he appointed in writing by the corporation of | trustees. |
| thc city of Sydney, one trustee shall be appointed in writing by the promoters, and the third trustee shall be appointed by the said two trustees so appointed, and as often as any trustee shall die or desire to be discharged from or refuse or become unfit or incapable to act in tbc trust aforesaid, anotber trustee shall be appointed in his place by the same persons or corporation by whom such trustee occasioning the vacancy was appointed. |
36. The promoters shall, and are hereby required, to bond fide Powers o( promoters
commence their works within eighteen months from the passing of
this Act, and in the event of their failing to do so, and of such commencing works
| failure being certified under the common seal of the Mayor and | eighteen |
| Aldermen of the city of Sydney, and published in the Government | ' |
| Gazette, all thc powers and authorities conferred by this Act shall | |
| thereupon ipso facto cease and determine to all intents and purposes Avhatsoever. |
37. If at any time the promoters discontinue the undertaking Penalty for discon-
| for a period of twelve months, such discontinuance bein^ proved to thc | of |
| satisfaction of a judge of the Supreme Court who shall try the issue of | ̂ | ' |
| fact as not having been occasioned by circumstances beyond the control of the promoters, then and in such case, all the pipes of the promoters laid in the streets shall belong to and vest in the corporation of the city of Sydney. In this section “ circumstances beyond thc control of the promoters” shall not include the Avantof sufficient capital or funds. |
38. The maximum price to be charged by the promoters for Maximum price to
| Avater supplied to thc public at seven hundred pounds pressure shall | ciiarged for water, |
| not exceed tAvelve shillings and sixpence per one thousand gallons. |
39. I t shall be laAvful for the promoters, at any time after the Rights, powers, &c., passing hereof, to assign, transfer, convey, and release to any Company
duly incorporated for that purpose all the rights, poAvers, authorities, incorporated ’
privileges, liabilities, and obligations conferred and imposed upon them Company,
by this Act, together Avith all lands, tenements, hereditaments, estates,
chattels, and clfects of every kind acquired by them under or in pur
suance thereof, and purchased and occupied, or used in connection Avith
thc undertaking, and the working and maintenance thereof; and upon
and after the completion of such assignment, transfer, conA'eyance, and
release, the said Company, their officers, agents, and sciwants, may
lawfully exercise and enjoy all the rights, poAA'ers, authorities, and
priA’ileges, and shall be, and continue to be, subject to all the liabilities,
obligations, penalties, and forfeitures to Avhicli the said promoters or
their officers, agents, or servants, Avould have been entitled or subject had
no such assignment, transfer, conveyance, and release been com pleted;
provided, however, that nothing herein contained shall prejudice or
affect any rights accrued, aetion or proceedings taken against, or
liabilities, obligations, penalties, or forfeitures incurred by the said
promoters before the completion of the said assignment, transfer,
conveyance, and release.
40. Upon the completion of any such assignment, transfer. How Act to be read
| conveyance, or release, as in the last preceding section mentioned, this | completion of |
| Act shall be read so that wherever the words “ the promoters, | or der last preceding |
“ any one of the promoters,” occur they shall bo omitted and the®®®̂ ‘®“- the words “ the signatures ” or “ their signatures ” occur they shall be omitted and thc Avords “ the common seal of the Company” be inserted in their stead.
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