The Fremantle Gas and Coke Company's Act 1886 (WA)
WESTERN AUSTRALIA
ANNO QUINQUAGESIMO
VICTORIIE REGINiE
No. 34
An Act to extend the powers of ' The Fremantle Gas and Coke Company, Limited,' and to make provision for the better carrying on of the business and works of the said Company.
[Assented to 16th September, 1886.
| Preamble | HEREAS under and by virtue of The Joint Stock Companies became and were associated under the name or style of The Fre-W |
| Ordinance, 1858,' of Western Australia, certain persons mantle Gas and Coke Company, Limited,' and the objects of such association were the purchase of the plant of the Fremantle Gas Company, and the manufacture and sale of Gas, Tar, Coke, and other products usually incidental to the manufacture of Gas at Fremantle and such other place as the Company might from time to time appoint, and also the purchase and sale of such fixtures, fittings, pipes, and other things necessary or required for the distribution and consumption of Gas, and the doing of all such other things as are incidental or conducive to the attainment of the above objects, and the nominal capital of the Company was stated and fixed at Fifteen thousand pounds divided into Fifteen thousand shares of One pound each, and by virtue of ' The Joint Stock Companies Ordinance, 1858,' the Company became and is now duly incorporated and certain Articles of Association have been duly registered under the provisions |
| 50 VICTORLE. No. 34 | 241 |
The Fremantle Gas and Coke Company's Act, 1886
| of The Joint Stock Companies Ordinance, 1858,' and are now in full force ; And whereas under the powers contained in The Joint Stock Companies Ordinance, 1858,' the Company has issued Fifteen thousand shares upon all of which the sum of Sixteen shillings per share has been paid up, and the said shares are held by One hundred and sixteen persons ; And whereas the Company is now possessed of a lease for ten years of certain lands in the Town of Fremantle known as Fremantle Building Lot 245,' with a right of purchase at any time during that term, and the Company has erected Gas Works and other buildings upon the said lands and now occupies and uses the same for the purposes of its | undertakina, and the principal office of the Company is upon part of the said lands and is fronting to and° situate in Cantonment Street in the said Town of Fremantle ; And whereas it would be of public and local advantage and utility and also to the advantage of the Company, if the powers of the Company under The Joint Stock Companies Ordinance, 1858,' and the articles of association registered thereunder, were extended and more fully defined, and it is expedient to confer upon the Company the further powers and privileges hereinafter set forth : Be it therefore enacted by His Excellency the Governor of Western Australia and its Dependencies, by and with the advice and consent of the Legislative Council thereof, as follows :— |
1. This Act may be cited as 'The Fremantle Gas and Coke Short title of
Company's Act, 1886,' and shall come into operation on the first day Act of October, 1886.
2. In the construction of this Act, unless there is anything in the Interpretation
subject or context repugnant thereto, the several words and expressions clause
hereinafter mentioned shall have or include the meanings following,
that is to say,
(a) The expression general Act ' shall mean The Joint Stock
Companies Ordinance, 1858.'
(b) The expression the Company' shall mean The Fremantle
Gas and Coke Company, Limited.'
| (c) The expression the undertaking' shall mean the | makin | a |
and supply of gas within the limits herein mentioned, and the making and constructing gas works for that purpose, with proper works and conveniences and apparatus connected therewith, and all other works in pursuance of the objects of the Company or by this Act authorised to be executed, and the doing of all things necessary or convenient for such purposes, subject to the provisions of this Act and the general Act.
(d) The words directors,' manager,' secretary," clerk,'
engineer,' or other officer of the Company,' shall
respectively mean the directors, manager, secretary,
clerk, engineer, or other officer of the Company for the
time being.
(e) The words owner' or occupier' shall respectively mean
and include any person or corporation who shall, for the
time being, be the owner or occupier, or have the charge
50 VICTORLE. No. 34
The Fremantle Gas and Coke Company's Act, 1886
of any road, street, place, or land affected or to be
affected by the undertaking of the Company.
(f) The word street' shall include, not only streets commonly so called, but also any street, market place, court, high- way, lane, public road, wharf, thoroughfare, or public passage, or place within the limits of this Act.
(g) The expression gas works' shall mean the gas works, and all other works connected therewith, by this Act or in any other way authorised to be constructed.
(h) The expression 'gas rate' shall include any rent to be received or remuneration of any kind to be paid to the Company for the supply of gas or the letting of gas apparatus.
The word building' shall include places of public worship, places of public amusement, public institutions, public and private offices, dwelling houses, mills, manufactories, stores, shops, stables, sheds, and other similar erections, with any premises appurtenant thereto, and also public and private gardens, and enclosed courts and yards.
(i)
The expression ' local authority' shall mean the mayor, councillors, and burgesses of the Town of Fremantle, or the Roads Board or other bodies or body having the care and charge of any of the streets or roads within the limits of this Act, and for their respective jurisdictions.
(I)
(1,,․) The word district,' in relation to a local authority, shall mean the area within the jurisdiction of such local authority.
(1) The expression 'special resolution' shall mean a special resolution passed in accordance with section 37 of the general Act.
| Limits of the | 3. The limits of this Act shall extend to and include the town of |
| Act | Fremantle, and every place being within a circle of five miles from the Town Hall in the said town of Fremantle. |
| 'Joint Stock |
| Companies' Act, | 4. All the provisions of the general Act shall apply to and form |
| 1858,' incor- | part of this Act, and both the general Act and this Act shall be read |
| porated | and construed together as one Act. |
| Articles of As- | 5. The articles of association adopted by the Company and duly |
| Fociation of the |
| Fremantle Gas | registered under the general Act shall continue to be the regulations |
| and Coke Com- | |
| pany, I.d., incor- | for the management of the Company, but the Company may from time |
| porated | to time alter and make new provisions in lieu of or in addition to the said regulations under the powers given by the general Act. |
| Power to borrow | 6. For the purposes of the undertaking, the directors of the Company may, with the sanction of a special resolution of the Company previously given in general meeting, raise or borrow such sum or sums of money as they may from time to time think expedient, not exceeding in the whole the sum of Sixty thousand pounds either by way of mortgage of the whole or any part of the property or assets of the Company, or by bonds or debentures, or in such manner as they may deem fit ; and so that any mortgage or other security made |
| money |
VICTORL • . No. 34
The Fremantle Gas and Coke Company's Act, 1886
or given under this or any other power may contain a power of sale of the property comprised therein, and such other powers and provisions as may be thought fit and as are usual in mortgages of a like nature. All mortgages and other securities heretofore made or given by the Company to any person or body corporate in the execution of any actual or assumed power or authority shall be good and effectual to all intents and purposes whatsoever, and the moneys secured by the mortgages or other securities shall be a valid charge upon the property and assets of the Company, anything in the general Act or the said articles of association to the contrary thereof notwithstanding. All moneys borrowed or to be borrowed by the Company shall be applied only in the carrying into execution the objects and purposes of the Company's undertaking.
| 7. All debentures issued under the authority of this Act shall be on an equal footing without priority one over the other, and no dividend | Debentures to he | ||
| |||
| Rea | |||
| shall be declared, or profits divided amongst the shareholders of the | be paid before | ||
| dividends | |||
| Company, until all interest previously accrued on such debentures so issued shall have been paid, or a sufficient sum set apart and made available for the payment thereof | |||
| 8. Any debentures issued under the authority of this Act shall be in the form or to the effect set forth in the Schedule to this Act, and | Form of deben- | ||
| tures | |||
| shall be sealed with the common seal of the Company, and be numbered in arithmetical progression beginning with the number 1; and all such debentures, with the interest coupons annexed thereto, and every interest coupon after being detached from any such debenture, shall pass by delivery only without any assignment or endorsement, and the bearer of every such debenture or detached interest coupon shall have the same rights and remedies as if he were expressly named therein, but no interest shall be payable in respect of any such debenture except to the holder and upon delivery up of the coupon representing the interest claimed. |
9. A register of debentures shall be kept by the Company, and Register of de-
within fourteen days after the date of any such debentures an entry, be"t"r‘''
specifying the number and date of such debentures, shall be made in
such register.
10. It shall be lawful for any executor, administrator, or trustee, Trustees may
having the duty of investing any trust moneys, to purchase with or arir shall be deemed a due investment of such trust moneys.
out of such trust moneys, unless he is or they are forbidden so to do
by the instrument creating the trust, or unless some particular mode
of investment is thereby prescribed, any debentures issued by the
11. In addition to the powers of borrowing before contained, and rower to
| notwithstanding anything | anything contained in the general Act or in the ogroerintatto |
articles of association registered thereunder, the Company, with the sanction of a special resolution passed at a general meeting to be con- vened for the purpose, may from time to time increase the capital of the Company by the creation of new shares, of such amount as may be deemed expedient, so, nevertheless, that the whole capital of the Company shall not exceed the sum of Sixty thousand pounds.
50 VICTOREE. No. 34
The Fremantle Gas and Coke Company's Act, 1886
| Conditions of | 12. The new shares shall be issued on such terms and conditions and with such rights and privileges annexed thereto as the general meeting resolving on the creation thereof may direct, and, if no direc- tion be given, as the directors of the Company may determine ; and in particular such shares may be issued with a preferential or guaranteed right to dividends, and with a special or without any right of voting. |
| issue of new | |
| shares | |
| New shares to be | 13. All such new shares, unless the general meeting resolving on bers of the Company, in proportion as nearly as may be to the shares or stock for the time being held by them respectively ; and if an offer of new shares is not accepted by the member to whom the offer is made, within one month after the date thereof, the directors may dispose of such shares in such manner as they shall deem most beneficial for the interests of the Company. |
| 9tTermi th exist- | the creation of the same otherwise direct, shall be offered to the mem- |
| mg members | |
| Status of new | |
| shares | 14. Except so far as otherwise provided by the conditions of issue or by this or the general Act, any capital raised by the creation of new shares shall be considered part of the original capital, and shall be subject to all the provisions of the said articles of association relative to the payment of calls, transfer, register, transmission, forfeiture, lien, and otherwise. |
| strae t works Company from time to time to construct and maintain such gas works | Power to con- 15. Subject to the provisions of this Act, it shall be lawful for the |
and apparatus and such buildings with approaches thereto, upon the lands now occupied by or which shall hereafter be occupied by or belong to the Company, and to do all such other acts and things as the Company shall think necessary for carrying out the objects of its association, and supplying the inhabitants within the limits of this Act with gas, and to supply such gas upon such terms as shall be agreed upon between the Company and the persons supplied therewith; and to sell and dispose of the coke and residuum arising from the materials used in the manufacture of gas, in such a manner as the Company may think proper ; and all gas tar or aimnoniacal liquor created in the process of making gas shall be kept in covered tanks.
up street, &c.,Power to break 16. The Company, under such superintendence as is hereinafter under superin- specified, may open and break up the soil of any road, path, or pave-
tendenee, and
| to open drains | ment of the several streets and roads within the limits of this Act, and may open and break up any sewers, drains, or tunnels within or under such streets and roads ; and lay down and place, within the same limits, mains, conduits, service-pipes and other works, and from time to time repair, alter, or remove the same; and also from time to time make, repair, alter, or remove any sewers that may be necessary for carrying off the washings and waste liquids which may arise in the making of the Company's gas ; and for the purposes aforesaid may remove and use all earth and materials in and under such streets ; and the Company may in any such street erect any pillars, lamps, or other works, and do all other acts which the Company from to time shall deem necessary for supplying gas to the inhabitants within the limits |
| forlightmsbuiltl- branch, or other apparatus from any main or branch pipes into,togs | And to iv pipes of this Act ; and it shall be lawful for the Company to lay any pipe, |
through, or against any building for the purpose of lighting the same ; and to provide and set up any apparatus necessary for securing to any
GO VICTORI2E. No. 3-1
The Fremantle Gas and Coke Company's Act, 1886
building a proper and complete supply of gas, and for measuring and
| ascertaining the extent of such supply. Provided always, that nothing | Not to enter on private laud |
| in this Act contained shall authorise or empower the Company to lay | without consent |
| down or place any pipe or other works into, through, or against any | |
| building or in any land not dedicated to public use, without the con- | |
| sent of the owner and occupier thereof, except that the Company may | |
| at any time enter upon any land for the purpose of laying or placing, | |
| and may lay or place any new pipe in the place of an existing pipe in | |
| any land wherein any pipe shall have been lawfully laid down or | |
| placed, and may repair or alter any pipe so laid down. Provided | Not to break up footpath without |
| further, that no footpath shall be broken up for the purpose of laying | consent |
| any main or service-pipe without the consent of the local authority of the place or district within which it is proposed to lay such main or service-pipe. | |
| 17. Before the Company proceeds to open or break up any street, road, sewer, drain, or tunnel, it shall give to the local authority under | Notice to be served before |
| breaking up | |
| whose control or management the same may be, or to the clerk, | opening drains |
| streets, &.c., or | |
| surveyor, or other officer of such local authority, notice in writing of the Company's intention to open or break up the same not less than three clear days before beginning such work, except in cases of emer- gency arising from accidents to or defects in any of the pipes or other works, and then so soon as is possible after the beginning of the work or the necessity for the same has arisen ; and also excepting for the purpose of connecting service-pipes to mains which have been pre- viously laid, and in such cases one clear day's notice shall be sufficient. | |
| 18. No such street, road, sewer, drain or tunnel shall, except in case of emergency as aforesaid, and except as hereinafter provided, be | Streets, anddrains not to be |
| broken up except | |
| opened or broken up, except under the superintendence of the local | under superin- |
| tetidenee | |
| authority having the control or management thereof, or of its officer, and according to such plan as shall be approved of by the local authority or its officer, or in case of any difference respecting the plan, then according to such plan as shall be determined by two Justices, and such Justices may, upon the application of the local authority or its officer, require the Company to make such temporary or other works as the said Justices may think necessary for guarding against any interruption of the drainage during the execution of any works which interfere with any such sewer or drain. Provided always, that if no officer appointed by the local authority for the purpose shall attend at the time fixed for the opening of any such street, road, sewer, drain, or tunnel, after having had notice of the Company's intention as afore- said, or if the local authority or its officer shall not propose any plan for breaking up or opening the same, or shall refuse or neglect to superintend the operation, the Company may perform the work speci- fied in the notice without the superintendence of the local authority or | |
| its officer. | |
| 19. When the Company opens or breaks up any road, or the road, path, or pavement of any street, or any sewer, drain, or tunnel, the | Streets, Sze., broken up to be |
| reinstated with- | |
| Company shall, with all convenient speed, complete the work for | out delay |
| which the same shall be so opened or broken up, and fill in the ground and reinstate and make good, to the satisfaction of the local authority or its officer, the road, path, or pavement, or the sewer |
50 VICTORIE. No. 31
The Fremantle Gas and Coke Company's Act, 1886
drain, or tunnel, so opened or broken up, and carry away the rubbish occasioned by the work ; and the Company shall at all times, whilst any such road, path, or pavement shall be so opened or broken up, cause the same to be properly guarded, and shall cause a light sufficient for the warning of passengers to be set up and maintained against or near such road, path, or pavement, where the same shall be opened or broken up, every night during which the same shall be continued open or broken up, and shall keep the road, path, or pavement which has been so broken up in good repair for two months after replacing and making good the same, and for the further time (if any), not being more than three months in the whole, during which the soil so broken up shall continue to subside.
| Penalty for | 20. If the Company opens or breaks up any street, road, sewer, manner different from that which shall have been approved of or determined as aforesaid, or without making such temporary or other works as aforesaid when so required (except in the cases in which the Company is by this Act authorised to perform such works without any superintendence or notice), or if the Company makes any unnecessary delay in completing any such work or in filling in the ground or reinstating and making good the road, path or pavement, or the sewer, drain or tunnel so opened or broken up, or in carrying away the rub- bish occasioned by the work, or if the Company neglect to cause the place where such road, path, or pavement has been broken up to be properly guarded and lighted, or neglects to keep the road, path, or pavement in repair for the space of two months next after the same is made good, or such further time as aforesaid, the Company shall incur a penalty not exceeding Five pounds for every such offence, and the Company shall incur an additional penalty of Forty shillings for each day during which any such delay as aforesaid shall continue after the Company shall have received notice thereof. |
| breaki or up | |
| without notice | drain or tunnel, without giving such notice as aforesaid, or in a |
| or delay in | |
| reinstating |
| In eases of delay | 21. If any such delay or omission as aforesaid take place, the local |
°til" P"ti" ma). authority having the control or management of the street, road, sewer,reinstate and reCOVer expenses drain, or tunnel in respect of which such delay or omission shall take
place may cause the work so delayed or omitted to be executed and performed, and the expense of executing and performing the same shall be repaid to such local authority by the Company, and such expenses shall be recoverable in the same manner as damages are recoverable under this Act.
Company to 22. The Company shall do as little damage as may be in the
la,k,efoe,?7,1,1);""' execution of the powers by this Act granted, and shall make coin-
damage pensation for any damage which may be done in the execution of such
powers.
| Power to local | 23. If at any time any local authority shall deem it necessary or |
| authority matter | situation of expedient to require the Company to raise or sink or otherwise alter |
| pipes, Mc. the situation of any of the pipes which shall be laid down for the pur- |
poses of the Company, or to alter the situation of any pipes which shall have been laid down contrary to any of the provisions of this Act, the Company shall, within ten days next after being required so to do by notice in writing, raise or sink or otherwise alter the situation of such pipes according to the notice. And in default of the Company so
50 VICTORIIE. No. 34
The Fremantle Gas and Coke Company's Act, 1886
doing, it shall be lawful for the local authority to cause such pipes to be so raised or sunk or the situation thereof otherwise altered, and the expense of doing the work shall, with respect to any pipes which shall have been laid down contrary to any of the provisions of this Act, either be paid by the Company or repaid by the Company to the local authority ; and the expense of doing the work with respect to any other pipes shall either be paid by the local authority or repaid by the local authority to the Company, as the case may require. And such expenses respectively shall be recoverable in the same manner as damages are recoverable under this Act. Provided that if in raising or sinking or otherwise altering any of the pipes of the Company, any injury shall be wilfully or negligently done to the same by any person employed by the local authority, compensation shall be made by the local authority to the Company for such injury, and the amount of such compensation may be ascertained and recovered in the same manner as damages are recoverable under this Act.
| the Company may from time to time enter into any contract with any wet= | 24. Subject to the provisions of this Act, as hereinafter contained, Power of Com- |
authority, and with other persons having the control of the streets or roads within the limits of this Act, for lighting the same or any of them with gas, and for providing any such local authority or persons with lamps, lamp posts, burners, and pipes, and other gas fittings and things for such purpose, and for the repairs thereof, in such manner and upon such terms as shall be agreed upon between the Company and the said local authority or other persons.
person for lighting, heating, or supplying with gas any public or private for lightiog
building, or for providing any person with pipes, burners, meters, or
lamps and other gas fittings and things, and for the repairs thereof.
25. The price of gas to be supplied by the Company to private Price of ens to
consumers shall be uniform throughout the limits of this Act, and the l',11,1T,Vot
| the time being, any person demanding such supply who occupies or ,TliillpoVitopioerrs | Company shall supply with gas, at the current price charged by it for maform, and for |
| owns premises abutting on any street or road at a distance of not more than eighty feet from any one of the Company's mains and who is not at the time of requiring to be so supplied, indebted to the Company, and who shall in all respects conform to the conditions of the Company for the time being in such like cases. |
26. In the absence of any special contract with the local authority, Price of gas to
| the price to be charged by the Company to such local authority for all local | authority |
| gas supplied to it shall be less, by ten per centum, than the price charged by the Company for the time being to private consumers. |
27. The Company may let for hire any meter for ascertaining the Power to Com-
quantity of gas consumed or supplied, and any fittings for the gas, at I,ivecran g
such rent or for such remuneration in money as shall be agreed upon fillings
between the Company and any person to whom the same may be let, and such rent or remuneration shall be recoverable in the same manner as the rent or sums due to the Company for gas, and such meters or fittings shall not be subject to distress for rent or to be taken in execu- tion under any process of any court of law or equity against the person in whose possession the same may be, nor be affected byany adjudica-
50 VICTORI2E. No. 34
The Fremantle Gas and Coke Company's Act, 1886
tion or other proceedings in bankruptcy or sequestration of the estate
of any such person.
Charge for supply 28. The maximum price at which gas shall be sold by the Company
at gas by meter to private consumers who shall burn the same by meter shall not exceed One pound per thousand cubic feet, and the Company shall not be entitled to charge a higher rate for gas supplied by contract to any person, and the maximum rent on meters supplied or let for hire by the Company shall not exceed fifteen per centum per annum on the cost price in Fremantle of the meter used. If the Company shall charge any price or rate in excess of the above rate for any gas sup- plied, or any rent on meters let for hire beyond the rent above fixed, the Company shall not be entitled to receive payment for any gas supplied or rent for any meter so let for hire at such excessive price or rate or at such increased rent, and the Company shall also be liable to a penalty of not exceeding Five pounds for each day during which such excessive price or rate for gas or rent for meters shall be charged.
| 'Quality of gas | 29. All the gas to be supplied by the Company shall be of such minimum quality as to produce from an argand burner, having fifteen holes and a seven-inch chimney and consuming five cubic feet of gas per hour, a light equal in intensity to the light produced by twelve sperm candles of six in the pound, burning one hundred and twenty grains per hour ; and the Company shall provide the necessary apparatus for testing the illuminating power of the gas, which apparatus shall at all reasonable times be available for use by the local authority, or any of its officers, for the purposes of testing such illuminating power. |
| Incoming | 30. In case any consumer of gas supplied by the Company shall |
tenant not liable leave the premises where such gas has been supplied to him, withoutto pay arrears of gas rates, &a. paying the gas rate or meter rent due from him to the Company, the
Company shall not be entitled to require from the next incoming tenant or occupier of such premises the payment of the arrears left unpaid by the former tenant, unless such incoming tenant or occupier has undertaken with the former tenant to pay or exonerate him from the payment of such arrears.
| Power for local | 31. It shall be lawful for the local authority to appoint, and from be paid by such local authority, and such inspector shall have at all times, on the application and at the expense of any consumer of gas supplied by the Company, a right to inspect and test the meters erected by the Company on the premises of the person making such request, after giving forty-eight hours' notice of such intended inspection to the Company or to its manager or other officer, and before such inspection the person requiring such inspection shall deposit in the hands of the inspector all money due or appearing to be due by such person to the Company on an account delivered ; and in case such deposit shall on inquiry be found to be in excess of the sum found to be due to the Company, such excess shall be returned to the consumer with all charges of inspection paid by him. |
| authority to ap- | |
| point inspector | trine to time to remove and again appoint, an inspector of meters to |
| of meters | |
| Company's | 32. The manager, clerk, engineer, or other officer or servant of the Company duly appointed for the purpose by the Company may, at all reasonable times between the hours of nine a.m. and nine p.m., enter |
| officers may enter | |
| buildings for as- |
50 VICTORDE. No. 34
The Fremantle Gas and Coke Company's Act, 1886
| any building or place lighted with gas supplied by the Company in | eyeful/ling quaff, |
order to inspect the meters, pipes, burners, or other apparatus for liar
regulating the supply of gas, and for the purpose of ascertaining the
quantity of gas consumed or supplied ; and if any person shall hinder
such manager, cleric, engineer, officer, or servant as aforesaid from
entering and making such inspection as aforesaid at any reasonable
time within the hours before-mentioned, such person shall for every
such offence forfeit and pay to the Company a sum not exceeding Five
pounds.
33. If any person supplied with gas by meter or otherwise, or with Recovery of gag
a meter by the Company under the provisions of this Act, or with pipes, rr'clitl a" a meter
burners, or lamps, or other gas fittings, shall fail or neglect to pay any gas rate or meter rent, or the price of such meter, pipes, burners or lamps, or other gas fittings due for the same respectively to the Com- pany for the space of forty-eight hours next after a demand of the amount due, signed by the secretary for the time being of the Company, shall have been left at or upon the building or premises so supplied, the Company may stop the supply of gas from entering the premises of such person, by cutting off the service pipes, and by removing the meter when such meter is the property of the Company, or by such other means as the Company shall think fit, and may recover the gas rate, and the rent due for the meter, and the price of such meter, pipes, burners, or lamps, or other gas fittings from such person, if not exceed- ing Twenty pounds, together with the expenses of cutting off the gas and removing the meter, and the costs of recovering the rates or rents or price, in the same manner as damages are made recoverable under this Act, or if the rates or rents or price so due exceed Twenty pounds, the Company may recover the same, together with the expenses of cutting off the gas and removing the meter, and costs as aforesaid, by action in any court of competent jurisdiction.
34. In all cases in which the Company is authorised to cut off and Power to take
| provisions of this Act, the Company, its manager, agent, or workmen, gas diecoothmed after giving twenty-four hours' previous notice to the occupier, may enter such building or premises between the hours of nine in the fore- noon and four in the afternoon, and remove and carry away any pipe, meter, burner, fittings, or other apparatus the property of the Company. | take away the supply of gas from any building or premises under the T.re;; occasioned by such removal as aforesaid shall be made good by and at the expense of the Company. |
35. Every person who shall lay or cause to be laid any pipe to Muhl° u32 of gas
communicate with any pipe belonging to the Company without its consent, or shall wilfully and fraudulently or by culpable negligence injure any pipe, meter, burner, or other apparatus belonging to the Company as aforesaid, or shall alter the index to any meter or prevent any meter from duly registering the quantity of gas supplied, or who, in case the gas supplied by the Company is not ascertained by meter, shall use any burner other than such as has been provided or approved of by the Company or of larger dimensions than he has contracted to pay for, or shall keep the lights burning for a longer time than he has contracted to pay for, or shall otherwise improperly use or burn such gas, or shall supply any other person with any part of the gas supplied
50 VICTORIIE. No. 34
The Fremantle Gas and Coke Company's Act, 1886
to him by the Company shall, without prejudice to any other right or remedy for the protection of the Company or the punishment of the
| Penalty for | offender, forfeit and pay to the Company the sum of Five pounds for |
| fraudulently | using the gas ofevery such offence, and also the sum of Forty shillings for every day |
| the company such pipe shall so remain, or such pipe, meter, burner, or other appa- |
ratus, shall be so used, or such excess shall be so committed or con- tinued, or such supply furnished, and the Company may take off the gas from the building and premises of the person so offending, notwith- standing any contract which may have been previously entered into and which may be then in existence. And in addition, the Company may recover the amount of any damage sustained by the Company by or through any such wrongful act or injury, in the same manner in which damages are made recoverable by this Act.
Penalty for stn. 36. Every person who shall wilfully remove, destroy, or damage
| pipes, &c. | fully damaging any pipe, pillar, post, lamp post, plug, lamp, or other work or pro- |
perty of the Company for supplying gas, or who shall wilfully extin- guish any of the public lamps or lights, or waste or improperly use any of the gas supplied by the Company, shall for each such offence forfeit and pay to the Company any sum not exceeding Five pounds, in addition to the amount of the damage done.
| Damages for | 37. Every person who shall carelessly or accidentally break, throw |
| accidentally-ipes, down, or damage any pipe, pillar, lamp, lamp post, lamp iron, or other | damaging p | |||
| ||||
| Fittings not to | ||||
| ||||
| out previous | ||||
| consent | ||||
| Costs on distress 39. Any Justice who shall issue a warrant of distress for the |
recovery of any money due to or by the Company, either by way of penalty or damages, or otherwise, may order that the costs of the pro- ceedings for the recovery of the same shall be paid by the person or persons or the Company liable to pay the same money, and such costs shall be ascertained and included in the warrant of distress for the recovery of such money.
Penalty on
Company for40. If the Company shall at any time wilfully or negligently
causing water to cause or suffer to be brought or to flow into any river, stream, brook, be foaled creek, canal, reservoir, aqueduct, water-way, feeder pond, springhead,
or well, or into any drain communicating therewith, any washings or other substance produced in, the making or supplying gas, or shall wilfully do any act connected with the making or supplying of gas whereby the water in any river, stream, brook, creek, canal, reservoir, aqueduct, water-way, feeder pond, springhead, well, water-pipe, or water-course shall be fouled, the Company shall forfeit for every such offence the sum of Twenty pounds.
50 VICTORDE. No. 34
The Fremantle Gas and Coke Company's Act, 1886
| 41. The said penalty of Twenty pounds shall be recovered, with Penalty to be | Gnat for withi |
| full | ull costs of suit, before any two or more Justices in a summary way, G months |
| or in any Court of competent jurisdiction, by Her Majesty, or by the local authority, or by any person into whose water such washings or other substance shall be conveyed or shall flow, or whose water shall be fouled by any such act as aforesaid ; but such penalty shall not be recoverable unless it be sued for during the continuance of the offence, or within six months after it shall have ceased. |
42. In addition to the said penalty of Twenty pounds (and whether Daily penalty
| such penalty shall have been recovered or not), the Company shall o | f°f the | r offence | c°"t"3" | " |
forfeit any sum not exceeding the sum of Five pounds (to be recovered in the like manner) for each day during which such washings or other substance shall be brought or flow as aforesaid or the act by which such water shall be fouled shall continue after the expiration of twenty-four hours from the time when notice shall have been served on the Company on behalf of Her Majesty, or by the local authority, or by any person into whose water such washings or other substance shall be brought or shall flow or whose water shall be fouled thereby.
43. Whenever any gas shall escape from any pipe laid down or set Daily penalty
up by or belonging to the Company, the Company shall, immediately `svinagee"„Te°' after receiving notice thereof in writing, take all necessary steps to to the Company prevent such gas from escaping ; and in case the Company shall not,
within two clear days next after service of such notice, effectually prevent the gas from escaping and wholly remove the cause of com- plaint, the Company shall for every such offence forfeit and pay the sum of Five pounds for each day during which the gas shall be suffered to escape after the expiration of two clear days from the service of such notice.
| shall be fouled by the gas of the Company, the Company shall forfeit fouled nth gas | 44. Whenever any water within the limits hereinbefore mentioned Penalty if water |
to the person whose water shall be so fouled for every such offence a sum not exceeding Ten pounds, and a further sum not exceeding Five pounds for each day during which the offence shall continue after the expiration of two clear days from the service of notice of such offence.
45. For the purpose of ascertaining whether such water be fouled PoweF to
by the gas of the Company, the person to whom the water supposed to epfpaensibefes„..
| be fouled shall belong, or the local authority, may dig up the ground | ai | n. the cull o | of |
and examine the pipes, conduits, and works of the Company, provided „Vdo'gt'ut
that such person or local authority before proceeding to so dig and given
examine shall give to the Company twenty-four hours' notice of the
time at which such digging or examination is intended to take place :
and also that such person shall give to the local authority a like
notice where such digging or examination is to take place ; and
the Company shall, subject to the next clause of this Act, have the
like obligation of reinstating the road, path, or pavement, and the same
penalties for unnecessary delay, or any nonfeasance or misfeasance
therein, as are hereinbefore provided with respect to roads, or the paths,
or pavements of streets broken up by the Company for the purpose of
laying its pipes.
| 46. If upon any such examination it shall appear that such water Eeineisertt: | c |
| tlein | to |
has been fouled by any gas belonging to the Company, the expense of
50 VICTORDE. No. 34
The Fremantle Gas and Coke Company's Act, 1886
the digging and examination and of the repair of the street or place disturbed in any such examination shall be paid by the Company ; but if upon such examination it shall appear that the water has not been fouled by the gas of the Company, the person or local authority causing such examination to be made shall pay all such expenses to the Com- pany, and shall also make good to the Company any injury which may be occasioned to the Company's works by such examination.
How expenses to 47. The amount of the expense of every such examination and
be recovered repairs, and of any injury done to the Company or to its works, may,
in case of any dispute about the same, together with the costs of ascer- taining and recovering the same, be recovered in the same manner as damages are made recoverable by this Act.
| No creditor of | 48. No judgment or other special or simple contract creditor of the |
| the Comp:my |
| allowed to re- | Company shall, by or under any law, title, or pretence whatever, levy | |
| nmve Shies, &e., | laid in streets, | or seize in execution or in any way attempt to recover payment of any |
„ braiding, sum of money. due to him from the Company by taking and removing
any of the pipes or lamps of the Company laid, placed, or fixed in, under, upon, or through any street or road within the limits of this Act, or in any building not being in the occupation of the Company.
| ha indicted for49. Nothing in this Act contained shall prevent the Company from | Company may | |||
| nuisance being liable to an indictment for nuisance or to any other legal pro- | ||||
| Not exempt from ceeding to which they may be liable in consequence of their making | ||||
| Public HealthPrnvisiffil' any or supplying gas, or shall be deemed to exempt the Company from the | ||||
| ||||
| pulsory pur- | ||||
| ||||
| Council | ||||
| Her Maiest).'s | ||||
| ||||
| ||||
| Application of | ||||
|
50 VICTORItE. No. 34
The Fremantle Gas and Coke Company's Act, 1886
| any penalty for an offence against the Company's property is directed | Penalties directed to be paid to the |
| by this Act to be paid to the Company ; such damages or penalty | company |
| respectively shall be paid to the Company for its own use. | |
| 53. Subject to the provisions of this Act, one moiety of all penalties imposed or recovered under this Act, where the application is not | Application of |
| other nenalties | |
| otherwise provided for, shall be paid to the informer, and the other moiety to the local authority. | |
| 54. Subject also to the express provisions of this Act, all gas-rates, rent, damages, expenses, and other sums of money by this Act made | Recovery of gas |
| rates, damages, | |
| payable to or by or recoverable by or against the Company shall, where the amount sought to be recovered does not exceed Twenty pounds, be recoverable in a summary way before two or more Justices in the manner directed by an Ordinance passed in the session holden in the 14th year of the reign of Her Majesty Queen Victoria, No. 5, intituled ' An Ordinance to facilitate the performance of the duties of Justices of the Peace out of sessions, within the Colony of Western Australia, with respect to summary convictions and orders,' or any Ordinance passed for the amendment thereof ; and where the amount sought to be recovered exceeds Twenty pounds, then the same shalt be recovered by action in any court of competent jurisdiction. |
55. Subject also to the express provisions of this Act, all offences Mode of proceed-
| against this Act, and all penalties imposed thereby, shall be prosecuted l "gi" eire""' | and recovery of |
| and recoverable in the same way and manner as is prescribed by sec- | Penalties |
| tion 56 of the general Act. |
56. Nothing in this Act shall prejudice or affect the rights or saving clause
remedies of the Company against any individual shareholder, or against any other person or persons whomsoever, or the rights or remedies of any individual shareholder, or other person or persons whomsoever against the Company, or prejudice the shareholders or other persons as between themselves as private individuals in respect of any act, business, matter, or thing that may, before this Act shall come into operation, have been done or entered into or have arisen in pursuance of or under, or by reason of the general Act or the articles of associa- tion of the Company, or any clause or clauses thereof respectively.
| 57. This Act shall be deemed and taken to be a public Act, and shall be judicially taken notice of as such by all Judges, Justices, and | Act to be deemed |
| a public Act | |
| others within the said Colony of Western Australia, without being specially pleaded. | |
| 58. Except where otherwise provided by this Act, all informations and proceedings in respect of offences against this Act shall be com- | Offences to be prosecutervith- |
| ih three months | |
| menced within three months after the offences thereby respectively charged shall have been committed. | |
| 59. No order, judgment, warrant, or other proceeding made or pur- porting to be made under or concerning the conviction of any offender | No judgment, &e., to be |
| quashed for want | |
| against this Act shall be quashed or vacated for want of form only, or | of form or to beremoved by |
| be removed or removable by certiorari or by any writ or process what- | certiorari |
| soever into any superior court of this Colony. |
F. NAPIER BROOME,
GOVERNOR.
50 VICTORDE. No. 34
The Fremantle Gas and Coke Company's Act, 1886
SCHEDULE
WESTERN AUSTRALIA
THE FREMANTLE GAS AND COKE COMPANY, LIMITED'
Transferable by delivery
(Under the authority of The Fremantle Gas and Coke Company's Act, 1886')
This Debenture entitles the bearer to the sum of one hundred pounds on
| the | with interest thereon in the meantime at |
day of
| the rate of | per cent= per annum payable half-yearly on the |
day of and the day of in every year, as per dividend coupons annexed ; which principal sum and interest are hereby charged and secured upon the undertaking, rates, and other revenues of The Fremantle Gas and Coke Company, Limited.' And such principal sum and interest are payable at the Office of the Company in Fremantle.
Given under the common seal of the Company, at Fremantle, aforesaid, this
| day of | 18 . |
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0
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