Tamworth Gas and Coke Company (Limited) Act of 1882 No tgc (NSW)
1882. 46« VIC.
Tamworth Gas and Coke Company {Limited).
All Act to enable the “ Tamworth Gas and gâ ™coke
Coke Company (Limited)” to construct Gas-works within the Town and Suburbs
| of Tamworth. | [13̂ /̂ Octoher, 1882.] |
T T rilE IlE A S it is expedient that the Town of Tamworth and its Preamble.
suburbs in the Colony of New South Wales should he supplied and lighted with gas And whereas for the earrying out of the works necessary for sucli supply of gas a joint stock Company called the “ Tamworth Gas and Coke Company ( Limited)” has by a memorandum of association and articles of association lately been established at Tamworth aforesaid in ai^eordanee with and subject to the provisions of the “ Company’s Act of 1862” (thirty-seven Victoria number nine teen) And whereas the Municipal Council of the Borough of Tamworth have at the request of the Tamworth Gas and Coke Company (Limited) and in consideration of the benefits to arise; from the estahlishmcnt and carrying out of such works consented to the vesting in the said Company ol' all necessary powers and autliorities so far as tlie rights and interest of the said Atunicipal Council arc concerned Be it there fore enacted by the Queen’s Most Excellent Majesty by and Avith the advice and consent of the Legislative Council and Legislative Assembly
W
of N cav South Wales in Parliament assembled and by the authority of
the same as folloAA's :—
1. The TamAvorth Gas and Coke Company (Limited) is hereby Authority to erect
| fully authorized and empoAvered by its servants contractors agents | “P |
| workmen and others from time to time to make erect sink lay place fit maintain and repair such retorts gasometers meters receivers cisterns engines machines cuts drains scAvers Avatercourses pipes reservoirs buildings and other AA'Orks and devices of such construction and in such manner as the TamAAwth Gas and Coke Company (Limited) shall think necessary or proper for the purpose of carrying out the operations of the TamAvorth Gas and Coke Company (Limited) in respect of and incidental to the making and supplying of gas in conformity Avith this Act and the said memorandum and articles of association and also for all such purposes to open and break up the soil and pavement of the several streets and bridges Avithin the limits of the toAvn and suburbs aforesaid and to open and break up any scAvei’S drains or tunnels Avithin or under sAich streets and bridges and to erect posts pillars lamps lamp-irons and other apparatus in or upon tlie same streets and bridges or against any Avail or walls erected on or adjoining to any of them and to dig and sink trcncdies and drains and to lay mains and pipes and put stop-cocks siphons plugs or branches from such mains or pipes in under across or along such streets and bridges and also with such consent as hereinafter mcni ioned to do the like in under across or along any prAate roads Avays lanes passages hnildings and places and from time to time to cut stop remove alter r<;pair replace and relay such main-pipes stop-cocks siphons plugs l)ranclies or other apparatus Provided ahvays that notliing in this scadion eontained shall he deemed to authorize the said Company their servants contractors agents or Avorkmen to enter into or upon any pri ate lands buildings or places for any of the purposes aforesaid or thereon to earry out any of the operations of the said Company Avithout the jirevious consent in Avriting of the ocempiers thereof exeept that the said Company may at any reasonable time by its sc'rvants agents or workmen enter upon any land or place Avherein any pipe hath already been laAvfully laid doAvn |
| 46’ VIC. | 1882. |
Tamicortli Gas and Coke Company {Limited).
or placed in pursuance of this Act and repair or alter the existing pipe or lay or place any new pipe in the stead thereof and provided also that the said Company shall unless in case of accident give twenty-four hours notice in writing to the council clerk of the said municipality prior to the opening or breaking iip as aforesaid of any street road pavement sewer drain or tunnel within the said municipality.
To make contracis 2. It sliall hc lawful foi’ tlic Said Company to contract with any câ ôut̂ work̂ for pci’son (wlictlicr incorporate or individual) for supplying with gas any that purpose. sucli pcrsoii 01’ any streets ways lanes passages manufactories shops
Avarehouses public or private houses buildings and places and for such purpose from time to time to lay down carry fit up connect and furnish any pipe branch or burner lamp meter or other apparatus from or in connection ivith any main pipe or to lay down any nciv main Avhich for such purposes may hc required and to let any such apparatus for hire for such sum as may hc agreed upon which sum may be recoA ĉred in like manner as any rent or remuneration for the supply of gas Pro vided always that in all cases Avhere damage may hc done by the said Company its agents Avorkmen or others in the course of laying on or removing apparatus the said damage shall hc made good at the expense of the said Company and in case the said Company shall delay Avithin a reasonable time to make good such damage the owner or occupier of such premises may make good the same and rccoA'cr the expenses thereof from the said Company in the same manner as is herein provided for the recoA ĉry of any sum of money payable under the provisions of this Act Provided also that if any OAvner or occupier of any building tenement or ])lacc or any person acting for him shall refuse reasonable access in ])ursuancc of the provisioiis of this section or the sixteenth section of tliis Act to the contractors agents Avorkmen or sei’Amuts of the said Company for the purpose of removing any such pipe burner meter or apparatus placed or introduced into any such building tenement or place by the said Company or shall prcA ĉnt or obstruct such remoA'al then the said OAvner occupier or person acting for him shall immediately make payment to the said Company for such jiipc burner meter or apparatus and in default of his so doing AAuthin three days after demand thereof made at the same building tenement or place or the residence or last knoAvn residence of the party it shall hc laAvful for the said Company to make complaint tliereof to any Justice of the Peace Avho may cause to hc issued a summons to the j)crson so making default calling on him to shoAV cause before the nearest CoAU-t of Petty Sessions to Avhere the building tenement or place is situated AA'hy he refuses to pay such demand and thereupon the said Court sliall proceed to the adjudication and enforcement of such demand in the manner hereinafter set forth And if any person shall place or lay any pipe to communicate Avith any main pipe meter or other apparatus already laid placed or erected by the said Company or shall use additional burner or burners of larger dimensions or of other kind or description than that hc has contracted Avith the said Company to use or shall kei'p the gas supplied by the said Company burning for a longer time than hc has contracted AAdth the said Com pany to pay for or shall supply any person with any of the gas supplied to him by the said Company Avithout the Company’s consent inAvriting first obtained or if any person shall wantonly or maliciously hinder or interrupt any of the contractors Avorkmen agents or servants of the said Company in legally doing or performing any of the acts afore said or in exercising any of tlie poAvers and authorities liy this Act given or if any person shall Avilfully or negligently or accidentally do or cause to he done any injury or damage to any of the buildings machinery pipes burners lamps meters or ajijiaratus of the said Company or remoA’e the same or cause a Avaste or improper iise of
gas
1882. 4G° VIC.
Tamworth Gas and Coke Company {Limited).
gas supplied by the said Company it sliall be lawful for the said Company to make a complaint thereof before any Justice of the Peace who may cause to be issued a summons to the person or persons so offending to appear before the Court of Petty Sessions nearest to the place where such offence shall be committed and being thereof laAvfully conAucted such jicrson shall forfeit and pay to the said Company any sum not exceeding five pounds over and abo c all damages done and over and above all costs such sum to be ascertained by such Court and to bo enforced by distress and all proceedings under this Act not herein expressly provided for shall be regulated and conducted in accordance Avith the poAvers of the laAV in force for the time being respecting summary jiroccedings before Justices of the Peace and all such pro visions shall so far as the same are applicable be enforced and observed in all proceedings under this Act not herein expressly provided for.
3. No pipe burner lamp meter or other apparatus of the said Apparatus not lUbie
| Company being set up in any building tenement or place shall be subject | execution |
| to distress for rent or shall be taken in excerrtion under any process or proceeding of any Court of laAV or equity or under any proceedings in bankruptcy or insolvency save so far as any process or proceedings against the said Company are concerned. |
4. When and so often as the said Company its sciwants con- Materials of streets
tractors agents or Avorkmen shall have opened broken up or removed repiS.*̂ ^
the soil or paA'ement of any street or bridge as aforesaid or shall have
opened or broken up any scAvers drains or tunnels Avithin or under any
such streets or bridges the said Company shall make all reasonable
despatch in performance of the Avork to be done and shall on completion
of such Avork forthwith carry arvay all rubbish and Avastc or surplus
material and reinstate such paAmnent stone or other material and render
such street or bridge and CAnry such scAver drain and tunnel Avithin or
uiAdcr the same as nearly as possible in the same condition as it Avas in
prcA'iously to the disturbance thereof and during the continuance of such Avork and until such reinstatement the said Company shall set up sufficient barriers and keep lights burning at night in order to Bamevs and ligiiti
| prevent accidents | And also Avhen and so often as any gas pitch Avasto t-o i’® | "p- |
tar waste liquid or other things shall escape or floAV from any pipe receivers or drain heing part of or incidental to the works to be erected under this Act so as to contaminate the air or any stream s])ring or Nuisances.
otlvcr AAntcrcourse or body of Abater natural or artificial and render the same unhealthy or olfensivc or unfit for use it shall be laAvful for
any person to gAe notice thereof in Avriting to the said Company Avho
shall immediately take the most speedy and effectual measures to
prcAnnt and remedy the same and if the said Company shall make
default in any of the matters so required by it to be performed it shall
ho laAvful for any person to lodge complaint thereof before any Justice
of the Peace aaJio may summon the said Company before the nearest Court of Petty Sessions and on proof of such default the said Court of Petty Sessions shall order and direct that the said matters shall be done by the said Company Avithin a rcasonahle time to be named by such Court and in default of compliance AAith such order any Justice of the Peace on proof of such default on the part of the said Company and on proof that the complainant or any other person has performed the said Avork so to be done and of the costs charges and expenses attending the same shall issue a distress Avarrant against the goods and chattels of the said Company for any amount not exceeding the said charges and expenses and the cost of prosecuting such complaint to he paid to the person performing the said Avork as aforesaid.
5. The price for the gas shall at no time exceed fifteen shillings Price purity and
per thousand cubic feet and the gas supplied shall be absolutely free
| from sulphuretted hydrogen and shall be of such minimum quality | ’ |
| D | as |
| 6 | 46̂ VIC. | 1882. |
Tamworth Gas and Coke Company {Limited).
as to produce from an Argaiid burner having fifteen holes and a seven- inch chimney consuming five cubic feet of gas per liour a light equal in intensity to the light produced by fifteen sperm candles of six in the pound burning one liundred and twenty grains per hour.
| Provision for testing. | 0. The said Company shall Avithin twch'c months after recei\dng notice from the Borough Council put up at some testing place to be provided by the; said Council Avithin the Borough suitable apparatus for the purposes folloAving :— |
(1.) Tor testing the illuminating power of the gas supplied.
(2.) Tor testing the presence of sulphuretted hydrogen in the gas
supplied The said apparatus shall be in accordance with the Schedule hereunto annexed and shall at all times be kept and maintained in good repair and AÂ orking order by the said Company.
| Appointment of gas | 7. The Borough Council may from time to time appoint a competent and impartial person to be gas examiner to test the gas at the testing place avIio shall test the illuminating poAver and purity of the gas su])plied on any or every day and the said Company may be represented at tlie testing if they shall think fit but shall not bo entitled either by themselA'es or their representative to interfere in the testing. |
| examiner. |
| G-as examiner to | 8. The gas examiner shall on the day immediately folloAAung |
| report &e. | that on Avhich the testing Avas made by him delAer to the Borough Council a report of such testing and shall deliver a copy thereof to the said Company and such report shall be receivable in evidence. |
| Gas examiner Low | 9. Any gas examiner appointed by the Borough Council shall be paid a salary not exceeding one hundred pounds per annum AAdiich shall be paid one moiety by the Council and the other moiety by the said Company. |
| paid. | |
| Meters. | 10. No meter shall be used for ascertaining the quantity of gas sold by the said Company unless the same shall have its measuring capacity at one rcA^olution or complete action of the meter and also the quantity per hour it is intended to measure in cubic feet or multiples or decimal parts of a cubic foot denominated or marked on the outside thereof in legible letters or figures and shall have been tested and stamped as correct by the English Warden of Standards or other lawful authority. |
| Borough Council | |
| may appoint in | 11. An inspector of meters may from time to time be appointed by the Borough Council and the said Inspector shall at all times Avhen authorised by the Council on the application and at the expense of any consumer of gas supplied by the said Company be entitled to inspect and test the meters erected by the said Company in the premises of the person making such request after giving forty-eight hours notice of such intended inspection to the said Company and before such inspection the person requiring the same shall deposit in the hands of the In spector all money due or appearing to be due by such person to the said Company on account dcliA'cred and in case such deposit shall be in excess of the sum found to be due to the said Company such excess shall be returned to the consumer. |
| spector of meters. | |
| Regulation of | 12. No meter AA'hich shall liaA'C been fixed by the said Company for use before the expiration of one year of the time Avlien this Act comes into operation shall be alloAved to remain in use after the expira tion of fiÂe years from tliat time unless it sliall have been tested and stamped as by this Act directed and no meter once tested and stamped under the provisions of this Act shall be alloAA’cd to remain in use for more than seA'en years from the time Avhen it shall have been last so stamped unless and until it shall have been retested and restamped in manner aforesaid and Avhenever the said Company shall knoAvingly alloAV any meter to be used in contraA'cntion of this section they shall be liable to a penalty not exceeding forty shillings for every such offence. |
| meters. |
| " | 13. |
1882. 46° VIC.
Tamworth Gas and Coke Company [Limited).
13. After the expiration of one year from the time when this Legal standard.
Act comes into operation the legal standard or unit or measure for the
sale of the said Company’s gas by meter shall he the cubic foot con taining sixty-two and three hundred and twenty-one thousandths (62'321) pounds avoirdupois weight of distilled or rain water Aveighed in air at the temperature of sixty-two degrees of Eahrenheit’s ther mometer the barometer being at thirty inches.
14. If any person shall forge or counterfeit or cause or procure Forging stamps,
to be forged or counterfeited or knoAAungly act or assist in the forging or counterfeiting any stamp Avhich may hereafter be used for the stamping of any meter under this Act every person so offending shall for every such offence be liable to a penalty not exceeding fifty pounds or less than ten pounds and if any person shall knowingly sell utter or dispose of let lend or expose for sale any meter Avith such forged stamp thereon every person so offending shall for every such offence ho liable to a penalty not exceeding ten pounds or less than forty shillings and all meters liaAung forged or counterfeited stamps thereon shall be forfeited and destroyed.
15. All gas supplied by the said Company shall except in case Pressure of gas.
of accident be supplied at such pressure as to balance from midnight to sunset a column of Avater not less than six-tenths of an inch in height and to balance from sunset to midnight a column of Avater not less than one inch in height.
16. I t shall bo lawful for the said Company to cut off and take Power to cut off gas
| away the supply of gas from the building tenement or other place of ° | ® |
| every person or body making default in payment after giving tAventy- | |
| four hours notice to the occupier and thenceforth to discontinue the | |
| supply of gas contracted for Avith the said Company by such person | |
| or body and to enter by itself its agents or Avorkmen into such building | |
| tenement or place betAveen the hours of nine in the forenoon and four | |
| in t]\e afternoon and remove and carry away any pipe burners lamp meter or other apparatus the property of the said Company and the said Company shall have the like poAvers with regard to cutting off taking aAvay and discontinuing the supply of gas in the case of the building tenement or place of any person Avho shall haAn been laAvfully convicted as hereinbefore provided of any fraudulent injury to any meter or apparatus on such premises or fraudulent use of the gas of |
| the said Company | And in case any person or body aaI io shall contract Remedy for recovery |
Avith the said Company or agree to take or shall take or use the gas
of the said Company in any building tenement or place or otherAvise
shall refuse or neglect to pay the sum or sums of money then due under his or their contract for the same to the said Company according to the terms and stipulations thereof it shall be laAvful for the said Company to make complaints of such refusal or neglect before any Justice of the Peace who may cause to be issued a summons to the party or parties so refusing or neglecting calling on him or them to
shoAv cause before the Court of Petty Sessions in the police district in
Avhich such building tenement or place is situated or such user took place Avhy ho or they refuses or refuse to pay such sum or sums and thereupon the said Court shall proceed to the adjudication of the said complaint and enforcement of the said demand and costs charges and expenses incirrred in the prosecution thereof by distress and sale of the goods and chattels of the person or persons or body so refusing or neglecting to pay.
17. The secretary engineer or any other officer of the said Right of officer to
Company may at all reasonable times enter any building tenement or place lighted with gas supplied by the said Company in order to inspect the pipes burners lamps meters or other apparatus of or connected with the works of the said Company to regulate the supply
of
| 8 | 46° YIC. | 1882. |
Tamicortli Gas and Coke Company [Limited).
of gas or to ascertain tlic quantity of gas consumed or supplied and if any person sliall hinder any such officer as aforesaid from so entering or making such inspection as aforesaid at any reasonable time such person shall for every such offence forfeit and pay to the said Company a sum of money not exceeding five pounds to he awarded and recovered by the said Company in like manner as the penalties aforesaid.
| Eight of appeal. | 18. Any person may appeal from the judgment or conviction of any Court of Petty Sessions under this Act in the form and manner set forth in the Act of Council fifth William the Pourth number twenty-two. |
| Indictment for | 19. Nothing in this Act contained shall he construed to prevent any person from indicting or otherwise proceeding either civilly or criminally against the said Comjiany for nuisance or otherwise in respect of the ivorks or means used or employed by the said Company in exercising the privileges hereby on the said Company conferred or to prevent the said Company or any person from recovering any sum of money or otherwise proceeding in any Court of competent jurisdiction hut the said Company or any person to whom any penalty or sum of money may by the provisions of this Act hc awarded may elect either to proceed in manner in this Act provided or to proceed for and recover damages or otherwise in any Court of com petent jurisdiction. |
| nuisances. | |
| Power to Secretary | |
| or otlier ofllcers. | 20. In all cases in which by any Act of Parliament or of the Colonial Legislature or by any rule or order of tlie jiractice of the Supreme Court or any other Court now or hereafter to be in force in this Colony the plaintiff complainant or defendant in any action suit or other pro ceeding civil criminal or otherwise or any creditor of an insolvent estate or any person being a party to or interested in any process or pro ceeding whatsoever is or shall be authorized empoAvered or required to make any affidavit deposition or information or to sign or present any petition or to do any other act it shall he laAvful and competent for the secretary or any other officer of the said Company with the consent in Avriting of the directors of the said Company Avhere such Company shall be such plaintiff complainant defendant or creditor or be a party to or otherwise interested in any process or proceeding as aforesaid for and on behalf of the Company to make any such affidavit deposition complaint or information sign or present any such petition or do any such other act as aforesaid for or on behalf of the said Company. |
| Custody and use of | |
| seal. | 21. The Directors for the time being shall have the custody of the common seal of the Company and the Directors of the Company or a majority of them shall lia e power to use such common seal or authorise the same to he used for the affairs and concerns of the Company and under such seal to authorise and emjiOAVcr any jicrson or persons Avithout such seal to execute any deeds and do all or any such other matters and things as may be required to be executed and done for or on behalf of the Company But it shall not be necessary to use the corporate seal in respect of any of the ordinary business of the Company or for the appointment of any attorney or solicitor for the prosecution or defence of any action suit or proceeding or of any officer or servant of the Company and such seal may bo affixed to any deed or document Avhatsoever by any one of the Directors of the said Company or by the hand of any person whom the Directors shall appoint in that behalf and the affixing thereof shall bo attested by at least one Director and such person so appointed. |
| General penalty. | 22. If it shall be proA'cd to the satisfaction of any tAvo Justices of the Peace in Petty Sessions assembled that the said Comjiany or any of its officers have been guilty of any default under this Act they shall bo liable for each and every such default to a penalty not exceeding live pounds to be recovered in a summary AA'a |
| ' | 23 . |
1882. 46° VIC.
Tanmorth Gas and Coke Company {Limited).
23. The following words and expressions in this Act shall have interpret ation clause,
the several meanings hereby assigned to them unless there hc some thing either in the subject or the context repugnant to such con struction that is to say Tlic expression “ Company” shall mean “ The Tamworth Gas and Coke Company (Limited)” The expression “ Directors” shall mean the Directors for the time being of the said “ Tamworth Gas and Coke Company (Limited)” The word “ street” shall include any square court or alley highway lane footpath road thoroughfare or other passage footpath or place within the limits of this Act The expression “ Town and suburbs of Tamworth” shall comprise all those districts which are included within a radius of three miles from the post-office of the said town.
24. This Act may hc cited as the “ Tamworth Gas and Coke Company (Limited) Act of 1882.”
SCHEDULE.
| P a e t | I. |
1. Begulations in respect o f testing apparatus.
(rt) Tlio .apparatus for testing the illuminating power of tlie gas sliall consist of the most improved form of photometer known together with a proper meter minute clock governor pressure gauge and b.alance The burner to be used for testing the g.as shall be an Argand burner having fifteen holes and a seven-inch chininey The candle used for testing the gas shall be sperm caudles of six to the pound and two candles shall be used together.
2. The apparatus.
| (V) Eor testing the presence in the gas of sulphuretted hydrogen | A glass vessel |
containing a strip of bibulous p.apcr moistened with a solution of acetate of lead con
taining sixty grains of crystallized acetate of load dissolved in one fluid ounce of water.
P aiit II.
1. Pules as to mode of testing gas.
| (a) Mode of testing for illuminating power | The gas in the photometer is to bo |
lighted at least llftcen minutes before the testings begin and it is to be ko])t continually
burning from the beginning to the end of the tests.
Each testing shall include ten obscrviitions of the xAiotometer made at interv.als
of a minute.
The consumption of gas is to bo carefully adjusted to live cubic feet per hour.
The candles are to be lighted at least ten minutes before beginning each testing
so as to arrive at their normal rate of burning which is shown when the wick is slightly bent and the tip glowing The standard r.atc 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 w’eigh the c.andles and if combustion sh.all have been more or less per c.andlc than one hundred and tw'enty grains per hour hc shall make and record the calcnl.ations requisite to nentr.alize the effects of this difference The .average of c.ach set of ten observations is to bo taken as re])rescnting the illumi nating pow'cr of that testing.
2. Mode of testing.
| (V) Eor sulphuretted hydrogen | The g.as shall be passed through the glass vessel |
cont.aining the strip of bibulous p.apcr moistened with the solution of .acetate of load for a period of three minutes or such longer period as may bo proscribed .and if .any discoloration of the test paper is found to h.avo taken place this is held to be conclusive as to the presence of sulphuretted hydrogen in the gas.
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