The City of Goulburn Gas and Coke Company's Incorporation Act (1879 No cgg) (NSW)

City of Goulburn

An Act to incorporate the City of Gonlbnrn Gas and Coke

Company’s

Gas and Coke Company (Limited) and to	I ncorporation.
enable the said City of Gonlbnrn Gas and Coke Com])any (Lim ited) to construct Gas-works w ithin the municipal boundaries and suburbs of the City of Goulburn. \ 2 0 t J i
March 1879.]

"Y^THEniEAS it is ('xpeclient that the City of Goulbui’ii and its Preamble.

suburbs in the Colony of New South Wales should be supplied and lighted with gas And whereas for the carrying out of the works necessary for such supply of gas a Joint Stock Company called the City of Goulburn Gas and Coke Company (Limited) has lately heen estah- lished at Goulburn in the Colony of New South Wales under and subject to the rules regulations restrictions and provisions contained in a certain

T T

deed

42» VIC. 1879-

City o f Goulburn Gas and Coke Company's Incorporation.

deed of settlement bearing date the first duly one thousand eight hundred and seventy-eight and purporting to he and being the deed of settlement of the said Company And whereas by the said deed of settlement the several parties thereto have respectively and mutually covenanted and agreed that they whilst holding shares in the said Company should he and continue until the said Company he dissolved under the pro­ visions in that behalf therein contained a Joint Stock Company or partnership under the name and style of the City of Goulburn Gas and Coke Company (Limited) for the purpose of creating and establishing and exercising a business for the purpose of producing inflammable air or gas from coal oil tar pitch or other material and for lighting and supplying Avith gas all public and pri\’ate places roads streets and buildings within the town of Goulburn and suburbs and also for manufacturing selling and disposing of all and eA'ery product refuse and residuum to be obtained from the material used by the said Company in such business and for the said piirposes to purchase or lease lands offices and buildings and make erect sink lay place and fix such retorts gasometers meters or gas-holders pipes reservoirs and buildings of such construction and in such manner as shall he deemed necessary and proper for the purpose of carrying the objects of the said Company into execution And \yhereas by the said deed of settlement it Avas further agreed that the capital of the said Comj)any should consist of three thousand pounds to be contributed in three thousand shares of one pound each And Avhereas by the said deed of settlement provision has heen made for the payment of diA’idends and bonuses for increasing the capital of tlie Company and for the disposal and application of the profits and also for the due management of the affairs of the said Company And Avhereas the said Company is desirous of being incor­ porated and it is expedient that it should he incorporated accordingly and empoAvered to construct gas-AVorks Avithin the municipal boundaries and suburbs of the City of Goulhurn hut subject to the provisions hereinafter contained Be it therefore enacted by the Q,ueen’s Most Excellent Majesty by and A\dth the adA'ice and consent of the Legisla- tiveCouncil and Legislathe Assembly of N cav South "Wales in Parliament assembled and by the authority of the same as folloAvs :—

Company incor 1. Such and so many persons as liaA-e already become or may

porated. in the manner proAuded by and subject to the rules regulations and proAusions contained in the deed of settlement hecom(3 proprietors of shares of or in the capital for the time being of the said Company shall for the purposes aforesaid hut subject nevertheless to the condi­ tions restrictions regulations and provisions hereinafter contained he one body politic and corporate in name and in deed by the name of “ The City of Goulhurn Gas and Coke Company (Limited) ” and by that name shall and may sue any person or persons body or bodies politic or corporate Avludher a memlAcr or members of the said corpo­ ration or not and may sue and be sued implead and be ini])leaded in all Courts whatsoever at laAV or in Equity and may prei'er lay or prose­ cute any indictment information and prosecution against any ]ierson or persons Avliomsoe er for any stc'aling (unhezzlement fi’aud forgery crime or offence and in all indictments informations and prosecutions it shall be laAvful to state the money and goods effects bills notes securities or other property of the said Company to be the money goods effects bills notes securities or other property of the said Corporation and to designate the said Company or co-partnership by its corporate name AviieiicAvr for tin; ^^urpose of any allegation of any intent to defraud or otherA\ise liOAVsoeAvr sucli designation shall be necessary and the said Corporation shall liaAa; perpcdual succession Avith a common seal Avhich may be altered A'aried and changed from time to time at the pleasure of the said Corporation.

1879. 42" VIC. 29

a tu o f Goulhurn Gas and Coke Company's Incorporation.

2. The several laws rules regulations clauses and agreements Deed of settlement

contained in the said deed ot setthunent or to be made under or hy virtue or in pursuance thereot shall be deemed and considtu-ed to htt and shall he the by-laws for the tinre being of the said Corporation save and except in so far as any ol‘ them are or shall ho or may be alttn-ed varied or repealed hy or art' or shall ho or may ho inconsistent or incompatible with or rcjiugnant to any of the jtrovisions of this Act or of any of tlu' laws or statutes now or hereafter to he in force in th(' said Colony hut no rule or hy-law' shall on any account or ])retenee Avhatsoever he made hy the said Corporation either under or hy virtue of the said deed of settlement or of this Act in opposition to tlie geiK'ral scope or true intent and meaning of this Act or of any of the laws or statutes in force in the said Colony and the production of a written or printed copy of the said deed of settlement or of any rules by-laws or regulations to he made in pursuance tliereof or in pursuance of this Act having the common si'al of the Company atlixi'd thereto shall he sufficient evidence in every Court of civil or criminal jurisdic­ tion of such deed of settlement or of such by-laws rules or regulations.

3. I t shall he laA\'J‘ul for the said Cor])oration from time to time increase of capital,

to extend or increase its capital for the time being hy the creation and dis])osal of new shares in the manner specified and set forth and subject to the rules regulations and jirovisions containt'd in the said deed of settlement.

4. The Company shall keep a hook to he called the “ Share simrc register to be

llegister” and in such book shall be fairly and distinctly entered from time to time the names and addresses of the several persons entitled to shares in the Company together with the number of shares to which such shareholders shall bo respectively entitled.

5. The production of the share register shall he admitted in all Production of simre Courts of civil and criminal jurisdiction as primd facie evidence of the regisicr to beyivmd person named therein as a sliareholder ht'ing such shareholder and of

the number of his shares and every shareholder or other person having a judgment at law or a decree in ecpiity against the Company may at all (jonvenient times jteruse the share register gratis and may rtuj^uire a copy thereof or any part thereof and for every one hundred words or part of one hundred words so required to he copied the Company may demand a sum not exceeding one sliilling.

fl. The capital or joint stock for the time being and all the capital and shares

funds and property of the said Corporation and the several shares therein and the profits and advantages to be derived therefrom shall be and be deemed to be personal estate and be transmissible accordingly subject to the regulations of the said deed of settlement.

7.   The Corporation shall not he hound in anymanner by any trusts Trusts or equitable

or equitable interests or demands affectino; anv shares of the capital affecting

standing in the name of any person as the ostensible proprietor thereof

'

or be required to take any notice of such trusts or equitable interests or demands but the reetdjit of the person in whose name the shares shall stand in the books of the said Corporation shall iiotAvithstanding such trusts or equitable interests or demands and notice thereof to the said Corporation be a good valid and conclusive discharge to the Corporation for or in respect of any diA idend or for money payable by the said Corporation in respect of such shares and a transfer of the said shares in accordance Avitli the regulations in that behalf contained in the said deed of si'ttlement by the person in Avhosc name such shai'es shall so stand shall notAvithstanding as aforesaid be binding and conclusive as far as may concern the said Corporation against all persons claiming by virtue of such trusts or equitable interests or demands Provided alAÂ ays that nothing herein contained shall be deemed or taken to interfere Avith or abridge the right and poAver of a

Court

30 42 ̂ VIC. 1879.

City o f Goulburn Gas and Coke Cow/panfs Incorporation.

Court of Equity to restrain the payment of any such diyidend or other money payable thereafter hy the Corporation in respect of any such shares or the transfer thei’eafter of any such shares or to direct tlu; payment of such dividends or otlu'r mon(!y by the Corporation or the transfer of such shares by the ])erson in whose name they may stand to such other person as such Court may think tit.

Pow er to iioici liinds.	8. I t sliall bc lawful foi’ tlic said Corporation any statute or law to the contrary notwithstanding; to purchase take hold and etijoy to them and tluir successors for any estate term or interest all such houses offices buildings lands and hereditaments as may be necessary or proper for the purpose of managing and condmding and carrying on the affairs concerns and business of tlie said Corporation and to sell convey assign assure lease and otlierw ise dispose of or act in respect of such houses offices Imildings lands and hereditaments as occasion may require for the purposes of the said Corporation.
Convejatice to the	9. I t shall be lawful for all jiersons who are or shall he other­ wise competent so to do to grant sell alien convey demise assign and dispose of unto and to the use of the said Corporation and tlieir successors for the ]iurposes afort'said or any of them any such houses offices lands hereditamenfs and other real estate wdiatsoever as afore­ said accordingly.
Corporation.
D ividend from tlic
profits.	10. No dividend or bonus shall in any case be declared or paid out of the subscribers capital for the time being of the said Company oi‘ otherwise than out of the declared surplus ca[)ital net gains and profits of the business.
Actions or suits for	11. In any action or suit to be brought by the said Corporation against any proprietor of any shares in the capital of the said Corpora- tioir to recover any sum of money due and payable to the said Cor­ poration for or by reason of any call or the arrears thereof made hy virtue of this Act or of the said deed of settlement it shall he sufficient for the Corporation to declare and allege that the defendant being the proprietor of such or so many shares in the capital of the said Corporation is indebted to the said Corporation in such sum of money (as the call in ari-ears shall amount to) for such call of such sum of money upon such share or so many shares belonging to the said defendant w hereby an action hath accrued to the said Corporation without setting forth any special matter and on the trial of such action or in person or hy proxy specially given for the occasion shall hold shares representing not less than one-third of the paid-up capital of the Company.
calls.
Execution against)	12. If any execution either at law' or in equity shall bc or shall have been issued against the property or effects of the Company and if there cannot be fomid after due diligence sufficient whereon to levy such execution then such execution may be issued against any of the shareholders for the time-being or any former shareholder until such execution shall be fully satisfied Provided that no such execution shall be issued against any sharcdiolder or former shareholder for any amount bt^yond the sum due by sucli shareholder in respect of the amount agrec'd to be subscribed for tow ards the capital of the said Company and unpaid by him and no such shareholder or his real or personal estate shall be liable for any debt or demand wdvatsoever due or to become diie by the said Company beyond the extent of his shares in the capital of the Company not then paid up Provided ahvays that no such execution shall issue against any sucli shareholder or former shareholder except upon an order of the Court in Avhich the action suit or other proceeding shall have been brought or instituted made upon motion in open Court after sufficient notice in writing to the person sought to be charged And upon such motion such Court may
shareholders.
order execution to issue accordingly Provided further that in case of

execution

1879, 42 ̂ VIC.

City o f Goulburn Gas and Coke Company's Incorporation.

execution against any former shareliolder it shall be shown that such former shareholder was a shareholder of the Company at the time when the contract or engagement Avas entered into for breach of wliich contract or (Migagement such ('X(;cutioii shall liaA'e issued or became a shareholder during the time such contract or engagement was unexe­ cuted or unsatisfied or Avas a shareholder at the time the judgment

or decree AA'as obtained upon aa IucIi judgment or decree such execution

shall have issued Provided also that in no case shall such execution he issued against the ]>erson property or elfects of any foriiK'r shaiT- holder after the cxpiivation of one year after the person sought to he charged shall liaA C ceased to h(' a shareholder of the Company. ,

13. EA'ery shareholder against AA'hom or against aa 'Iiosc ])roperty Re-imbnrsoment

or effects execution upon any judgment d('crce or ordc'r obtained as "iKiY-secution aforesaid shall have heen issued as aforesaid shall he entitled to reco er limrohoider ̂ against the Company all loss damages costs and charges Avhieli such

shareholder may lia e incurred hy reason of such execution and after due diligence used to obtain satisfaction thereof against the property and effects of the Company such shareholder shall Ik* eutitled to con­ tribution for so much of such loss damages costs and charges as shall remain unsatisfied from the several other shareholders against Avhom execution upon such judgment d('crec or order obtained against the Company might also haA'C' hc'en issued under the pro\ision in that h(dialf aforesaid as and subject to the limitation herein provich'd and such contribution may h(' rccoverc'd as afon'said accoi-ding to the; pro- A'isions in that behalf in the said d(̂ ed of settlement contained.

14. In the cases proA'ided hy this Act for execution of any judg- Kxocuiion against

ment decree or order in any action or suit against the Company to he

issut'd against the person or against the })roperty and (dfects of any shareholder or former shareholder of the Comjjany or against the ]>roperty and (dfects of tlu' Company at the suit of any sharehohhn* or former shandiolder in satisfaction of any money damages costs and expenses paid or incurred by him as aforesaid in any action or suit against the Company such ext'cution may he issued hy leave; of the Court or of a Judge of the Court in Avhich such judgment decrc'e or order shall have been obtained upon motion or summons for a rule to show' cause or other motion or summons consistemt Avith the practice of the Court Avithout any suggestion or scire facias in that behalf and it shall he laAvful tor such Court or Judge to make absolute or discharge such rule or allow or dismiss such motion (as the case may he) and to direct the costs of tlu; application to he j)aid hy (dtlu'r party or to make such other order therein as to such Court or Judge shall seem fit and in such cases such forms of Avrits of exeention shall he sued out of the Courts of LaA V and E(iuity respectively for giving elfect to the provisions in that behalf aforesaid as the Judges ol‘ smdi Courts res- pc'ctively shall from tilin' to time think fit to order and flu' (‘xecution of such Avrits shall he (uiforced in like mannei’ as Avrits of (;xc'cution are now enforced Provided that any order made hy a Judge as aforesaid may lx; discharged or varied hy tlie Court on application made tlu'reto hy either party dissatisfied Avith such order Provided also that no such motion shall he made nor summons granted for the jnirpose of charging any shareholder or former shari'liolder until ten days notice then'of shall have heen given to tlu' person sought to he charged theri'hy.

15. In all cases in which hy any Act of Parliament or of the Power io Secretary

Colonial Legislature or hy any rule or orthn’ of the practice of the

Supreme Court or any otlu'r Court noAV or hereafter to he in I'orct̂ in this Colony the plaintiff complainant or defendant in any action suit or other proceeding civil criminal or otherwise or any creditor of an insolvent estate or any pt'rson being a party to or interested in any process or proceeding Avhatsoever is or shall bc authorized emt^owered

or

42>, VIC. 1879.

o f Goulburn Gas and Coice Company's Incorporation.

or required to make anyaiRdavit deposition or information or to sign or present any petition or to do any otlier act it shall be lawful and com­ petent for the secretaiy or other officer or agent of the Company where such Company shall he such plaintiff complainant d(ffendant or creditor or be a party to or otherwise interested in any process or proceeding whatsoever 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.

Custody and use of	16. The directors for the time being shall have the custody of the common seal of the Company and the fonn thereof and all other matters relating thereto shall from time to time be determined by tbe directors in the same manner as is provided by the said deed of settle­ ment for the determination of other matters by tbe dii-cctors And the directors present at a Eoard of Directors of the Company or a majority of them shall have power to use such common seal or authorize the same to be used for the affairs and concerns of the Company and under such seal to authorize and empower any person without 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 on behalf of the Company in con­ formity with the provisions of the said deed of settlement and of this Act 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 an 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 be affixed to any deed or document by any director of tin; said Company or by the hand of any person whom the directors shall appoint in that behalf and the affixing thereof shall be attested by at least one director and sucb person so appointed.
corporate seal.
Power to erect	17. The said Corporation is hereby fully authorized and em- powei’ed by its servants contractors agents workmen and others from time to time to make erect sink lay place and fit such redorts gasometers or gasholdei’s meters receivers cisterns engines machines cuts drains sciwers watercourses pipes reservoirs buildings and other works and devices of such construction and in such manner as the said Corpora­ tion shall think necessary or proper for the pur])ose of carrying out the operations of the said Corporation and also to break up the soil and pavement of any footpath highway street road nay lane ]iassage or other public place or thoroughfare or of any road way thoroughfare or place dedicated to or used by tbe public as such or any part or parts thereof and to erect posts pillars lamps lamp-irons and other apparatus in the same highways streets roads ways lanes passages and other
Sadŝ sueetsŜ .'̂

- thoroughfares and j)laces against any wall or walls erected on or adjoining to any of them and to dig and sink trenches 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 highuaj^s streets roads ways lanes passages and other thoroughfares and places and also with such consent as hereinafter mentioned to do the like in under across or along any private roads ways lanes passages buildings and places And from time to time to cut stop remove alter repair replace and relay such main-])ipes stop-cocks siphons plugs branches or other apparatus Provided alw-ays that nothing herein contained shall be deemed to authorize the said Corporation its contractors agents or workmen to enter into or upon any private lands buildings or places for any of the purposes aforesaid or thereon to cany out any of the opera­ tions of the said corporation without the previous consent of theocampiers thereof And provided also that the Corporation or the secretary or other officers agents or servants thereof shall give forty-eight hours’ notice in writing to the Town Clerk of the Municipality of Goulburn prior to the opening or breaking up of streets lanes or otherw ise as aforesaid.

1879.   42̂ * VIC.

Glly o f Goulhurn Gas and Coke Company's Incorporation.

18.                 It shall he lawful for the said Corporation to contract Avith To make contracts

any persons (Avliether incorporate or individual) for supplying with e**-

gas any such person or persons or any streets ways lanes passages manufactories shops warehouses public or private houses buildings and places and for such jmrposc from time to time to lay down carry lit up connect and furnish any pipe branch or burner lamp meter or other apparatus from or in connection a\ ith any main-pipt; or to lay doAvn any new main which for such purposes may he required Pro­ vided always that in all cases (Avhere it is not otherAvist̂ expressly stipulated and agreed) the said Corporation its contractors Avorkmen or agents shall at its own expense on the (jxpiration or determination of any tenancy of any occupier so giving consent as aforesaid or on nonpayment of the sums payable hy the OAvner or occupier of any building tenement or place for gas supplied thereto at any time Avithin Compensation to

tAveWe months from such expiration determination or default aauthin

fourteen days after notice in Avriting for that purpose from or on

behalf of the OAvner or succeeding occupier of such building tenement

or place shall have been received by the said Corporation enter into

and upon such building tenement or place and remove take and carry

aAvay or cause to bc rcmoA'cd taken or carried aAvay any pipe burner

lamp meter or apparatus A\ hich shall lia e been placed and introduced

by the said Corporation therein and repair and make good such

portions of such building tenement or place as may be damaged or

defaced by such removal And in case the said Corporation shall

neglect so to do for fourteen days after i-eccipt of such notice it shall

be laAvful for such OAvner or succeeding occupier (provided free and

reasonable access has heen giA'cn to the agents servants and Avorkmen

of the said Corporation for the purpose aforesaid) to remove or cause

to he remoA'ed all such })ipes burners lamps meters or a])paratus and

to repair and make good the damages and defacements to the said

building tfuiements or place caused thereby the reasonable costs and

charges attending which shall immediately he paid hy the said Cor-	.
poration to the owner or occupier making such repairs as aforesaid and in default of such sum being jiaid by the said Corporation Avithin three days after demand thereof in Avriting made at the offices of the said CorjAoratioji it shall he lawful for the said OAvner or occupier or his or her agent to make complaint thereof before any Justice who may cause a summons to be issued in the usual form calling on the said Corporation to shoAV cause before the nearest Court of Petty Sessions of the Police District in which such building tenement or place is situated why such demand has not heen satisfied And if the said Corporation fails to show cause accordingly it shall bc laAvful for How determined,
the sitting Justices to order or award payment of the demand or any part thereof to such complainant together with such costs and satis­ faction for his expense and trouble as to them may seem meet and such order or aAvard to enforce by distress Provided also that if any owner or occupier of any building tenement or place or any jiersou acting for him shall refuse reasonable access to the contractors agents Avorkmen or sen'ants of the said Corporation for the jiurposc of removing any such pijie burner meter or apparatus placc^d or intro­ duced into any such building tenement or place by the said Corporation or shall prevent or obsti-uct such removal then tlie said OAvner occupier or person acting for him shall immecUately make payment to the said Corporation for such ])i|)o burner meter or apparatus And in defardt of his so doing Avithin three days after demand thereof made at the said building tenement or place or the residence of the party it shall he laAvful for the said Corporation to make complaint thereof before any Justice of the Peace Avho may cause to bc issued a summons to the person so making default calling on him to shoAV cause before the

e ̂ Court

B4 42« VIC. 1879.

City o f Goulhurn Gas and Coke Company’s Incorporation.

Court of Petty Sessions of the Police District where the building tenements or place is situated why he refuses to pay such demand And thereupon the said Court shall proceed to the adjudication and enforcement of such demand in the manner in this clause set forth

Fraudulent use of

And if any person shall place or lay any pipe to communicate with

gas.

any main-pipe meter or other apparatus already laid placed or erected hy the said Corporation or shall use additional burners or burners of larger dimensions or of other kind or description than that ho has contracted to pay for or shall supply any person with any of the gas supplied to him by the said Corporation without the consent in writing of the said Corporation first obtained or if any person shall wantonly or maliciously hinder or interrupt the contractors workmen agents or servants of the said Corporation in legally doing or performing any of the works aforesaid or in exercising the powers and authorities by this Act given or if any person shall wilfully negligently or accidentally do or cause to be done any injury or damage to any of the buildings machinery pipes burners lamps meters or apparatus of the said Corporation or remove the same or cause a waste or improper use of gas supplied by the said Corporation it shall be lawful for the said Corporation to make complaint thereof before any Justice of tbe Peace who may cause to be issued a summons to tbe person so offending to appear before the Court of Petty Sessions of the j)olice district where such offence shall be committed and being thereof lawfully convicted such person shall forfeit and pay to the said Corporation any sum not exceeding five pounds over and above all damages done and over and above all costs to be ascertained by sucb Court and to be enforced in the manner in this clause before set forth And all proceedings under this Act not herein expressly provided for shall be regulated and conducted in accordance with the powers of the law in force for the time being respecting summary proceedings before Justices of tbe Peace and all such provisions shall so far as the same are applicable be enforced and observed in all proceedings under tbis Act not herein expressly provided for.

Materials of roads	19.	When and so often as the said Corporation its conti’actors
&o. broken up to be

replaced. agents or workmen shall have broken up or removed any pavement stone or other material of any highway road street way lane passage or other public place or thoroughfare or of any road way thoroughfare or place dedicated to or used by the public as such the said Corporation shall make all reasonable despatch in performance of the work to be done and shall on completion of such work forthwith carry away all rubbish and waste or surplus material and to reinstate each pavement stone or other material and render such highway road street way lane passage or other place as nearly as possible in the same condition as it was in previously to the disturbance thereof And during the continuance of such work and until such reinstate­ ment to set up barriers and keep lamps or fires burning at nigbt in order to prevent accidents And also Avhen and so often as any gas pitch waste liquid or other things shall escape or flow from any pipe receiver or di'ain so as to contaminate the air or water and render the same unhealthy or offensive it shall bc la-\rful for any person to give notice thereof in writing to the said Corporation who shall immediately take the most speedy and effectual measures to remedy and prevent the same And if the said Corporation shall make default in any of the matters so required by it to be performed it shall be lawful for any person to lodge complaint thereof before any Justice of the Peace who may summon the said Corporation 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 same shall bc done by the said Corporation within a reasonable time to be named by such Court and in default of compliance with such order any Justice of the Peace on

proof

1879.   42 VIC.

Gitij o f Goulburn Gas and CoJce Compamfs Incorporation.

proof thereof and on proof that the complainant or any other person has performed the said work so to he done and of the costs charges and expenses attending the same shall issue a distress warrant against the goods and chattels of the said Corporation i'or any amount not exceed­ ing the said charges and expenses and tin? costs of prosecuting such complaint to he paid to the person peforming the said work as aforesaid.

20 . And in case any body or bodies corporate commissioners Eemedy for th«

trustees surveyors or any other person or persons who shall contract

with the said Corporation or agree to take or slrall take or use and

enjoy the gas of the said Corporation either in private dwellings shops

inns taverns or other public or private buildings or manufactories

grounds or premises or otherwise shall refuse or neglect to pay tho

sum or sums of money due under their his or her contract for the

same to the said Corporation according to the terms and stipulations

of the said respective parties with the said Corporation it shall he

lawful for the said Corporation without prejudice to any other remedy

to make complaint thereof before any Justice of the Peace who may

issue a summons to the party so refusing or neglecting to pay as

aforesaid calling on him to sheAv cause before the Court of Petty

Sessions in the Police District in which such building tenement or

place is situated why he refuses to pay such sum or sums And there­

upon tho said Court shall proceed to the adjudication and enforcement

of tho said demand and costs charges and expenses incui-rcd in the	.
prosecution thereof hy distress and sale of the goods and chattels of
the person so neglecting or refusing to pay the same rendering Iho
surplus if any to such person or persons so neglecting or refusing
And it sliall ho lawful for the said Corporation after seven days notice
to cut off and take away the supply of gas from the house or houses
inn tavern shop manufactory warehouse or other buildings premises or
places of every such person so making default in payment of such

sum or sums of money tlien due hy his her or their contract to tho

’

said Corporation and thenceforth to discontinue the supply of gas

contracted I'or with the said Corporation hy such person or persons.

21 . No pipe burner lamp meter or other apparatus of the said Apparatus not liable

Corporation being set up in any building tenement or place shall be	‘I’stress execution
subject to distress for rent or shall be taken in execution under any	’
process or proceeding of any Court of Law of Equity or under any proceedings in bankruptcy or insolvency save so far as any processes or proceedings against the promoters are concerned.

22 . Any person may appeal from the judgment or conviction of Appeal,

the said Court of Petty Sessions under this Act in the form and manner set forth in the Act of Council fifth William Eourth number twenty-two.

23 . In the event of the wrongful exercise of any powers given indictment for

hy this Act nothing in this Act contained shall be construed to prevent any person from indicting or otherwise proceeding against the said Corporation for nuisance or otherwise in respect of the works or means used or employed by the said Corporation in exercising the privileges hereby on it conferred nor shall anything herein contained limit restrict or in any manner affect the right of any municipality or of any other person or Company hereafter empowered hy the Legislature to sujiply gas to the said city of Goulhurn or to exercise any powers which it may he deemed expedient or necessary to grant for that pux’pose.

24. The following Avords and expressions in this Act shall have interpretation

the meaning hereby assigned to tliem unless there he something either in the subject or context repugnant to such construction The Avord “ Corporation” shall mean the City of Goulhurn Gas and Coke Com­ pany (Limited) as incorporated hy this Act The expression “ Gas­ works” shall mean the gas-Avorks and the Avorks connected therewith by this Act authorized to be constructed The word “ street” shall

include

42” VIC. 1879.

Chippendale Moman Catholic Church Land Sale.

include any square court or alley highway lane road thoroughfare or other passage or place within the limits of this Act The expression “ city and suburbs of Goulburn” shall comprise all that district which is included within a radius of ten miles from the centre of the market-square of the said city.

Act to be deemed s 25. This Act shall he deemed and taken to he a public Act and

public Act. shall he taken judicial notice of as such hy the Judges of the Supreme Court of New South Wales and hy all other Judges Justices and others within the Colony of New South Wales and its dependencies without being specially pleaded and the same whenever cited shall he sufidciently described as “ The City of Goulhurn Gas and Coke Com­ pany’s Incorporation Act.”