Wagga Wagga Gas Act of 1881 No wwg (NSW)

wagoâ gagas.

Act to enable William Wark and John

Anderson Wark to construct Gas-works

within the Borough and Suburbs of Wagga

Wagga. [4̂ th Aprils 1881.]

Preamble. "rTTllER EA S it is expedient that the horongh of Wagga Wagga Y T and snhnrhs in the Colony of New South Wales should he supplied and lighted with gas And whereas William Wark and John Anderson Wark hereinafter designated the promoters desire to establish and carry out works for such purposes and other purposes incidental thereto in the said horongh and suburbs And whereas the Municipal Council of the said horongh have at the request of the said 'William Wark and John Anderson JYark and in consideration of the benefits to arise from the establishment and carrying out of such works consented to the vesting in the said "William Wark and John Anderson "Wark of all necessary powers and authorities so far as the rights and interests of the said Municipal Council are concerned Be it therefore enacted by the Queen’s Most Excellent Majesty by and with the advice and consent of the Legislative Council and Legislative Assembly of New South "Wales in Parliament assembled and by the authority of the same as folloAvs :—

Authority to erect

1. Tlic promoters ai’C hereby fully authorized and empowered tliemsclvcs 01’ by their servants contractors agents 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 sewers ■watercourses pipes reservoirs buildings and other works and devices of such construction and in such manner as the ■promoters shall think necessary or proper for the purpose of carrying out the operations of the promoters in respect of and incidental to the making and supplying of gas in conformity with this Act and also for all such purposes to open and break up the soil and pavement of the several streets and bridges within the limits of the borough and suburbs aforesaid and to open and break up any sewers drains or tunnels within or under such streets and bridges and to erect posts pillars lamps lump- irons and other apparatus in or upon the same streets and bridges or against any Avail or Avails 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 streets and bridges and also A v ith such consent as hereinafter mentioned to do the like in under across or along any private roads Avays lanes passages buildings and places and

ftre°et’s*’rord8

from

1881.   44° VIC.

Wagga Wagga Gas.

from time to time to cut stop remove alter repair replace and relay sucli main-pipes stop-cocks siphons plugs branches or otlier apparatus Provided always that notliing in this section contained shall he deemed to autliorize the promoters their senunts contractors agents or Avorkmen to enter into or upon any private lands buildings or places for any of the purposes aforesaid or thereon to carry out any of the operations of the promoters Avithout the ])revioAis consent in Avriting of tlie occupiers thereof except that the promoters may at any reasonable time by themselves their servants agents or Avorkmen enter u])on any land or place Avherein any pipe hath already been laAvfully laid doAvn or jdaced in pursuance of this Act and repair or alter the existing pipe or lay or place any ncAv pipe in the stead thereof And provided also that the promoters shall unless in case of accident gAo forty-eight hours notice in Avriting to the Council Clerk of the Municipality prior to the opening or breaking up as aforesaid of any street road pavement scAver drain or tunnel AA’ithin the said Municipality.

2 . I t shall be laAAdul for the promoters to contract Avith any row er to make

person (At hcthcr incorporate or individual) for supplying Avith gas any such person or any street Avay lane passage manufactory shop AA’archouse public or privatt; house building or place and for such And carry out works

purpose from time to time to lay down carry tit up connect and furnish

purpose,

any pipt3 branch or burntn- lamp meter or other apparatus from or in connection Avith any main pipe or to lay doAA ii any noAV main Avhich for SAudi ]mrposcs may be required and to let any such apparatus for hire for such sum as may he agreed ujton AAdiich sum may Ite recovered in like manner as any rent or remuneration for the supply of gas Provided ahvays that in all cases Avliere damage may be done by the promoters their agents Avorkmeu or others in the course of laying on or removing apparatus the said damage shall he made good at the expense of the promoters and in case they shall delay Avithin a reasonable time to make good such damage' tlio OAvner or occupier of such premises may make good the same and recoA'cr the expense thereof from the said proinoters in the same manner as is licrein proA’ided for the recovery

of any sum of money payable under tlie provisions of this Act Pro-Oocupim-obstructing

Aud('d also that if any OAvner or occupier of any building tenement or place; or any person acting for him shall refuse rcasonahle; access in pursuance of the provisions e>f this section or the fifth section of this Act to the contractors agents AA orkmen or scrA'ants of the promoters for tlie purpose of removing any such ]>ipe burner meter e>r apparatus placed or introduced into any such building tenement or place by the promoters or shall preA'cnt or obstruct such remoA'al then the said OAA'uer occupier or person acting for him shall immediately make pay­ ment to the promoters for such pipe burner meter or apparatus and in default of his so doing AAuthin tlircc days after demand thereof made at tlu' same building tcm'nu'nt or ]>lace or the residence of the party it shall ho lawful for the promoters to make complaint tlicrcof before any Justice of the Peace who may cause to be issued a summons to the person so making default calling on him to shcAV cause before the nearest Court of Petty Sessions to AA'here the building tenement or plac(3 is situated Avhy he refuses to pay such demand and thereupon the said Court shall proceed to the adjudication and enforcement of such demand in the manner hereinafter set forth And if any Fraudulent use of gas

person shall place or la\ ̂any pipe to communicate Avith any main-pine obstruction of work t . ' t ' j - x ( / J . X iQGc ciftmttcrcd to

meter or other apparatus already laid placed or erected by the said apparatus,

promoters or shall use additional burners or burners of larger dimen­

sions or of other kind or description than that he has contracted Avith

the promoters to use or shall Ifcep the gas supplied by the promoters

burning for a longer time than he has contracted Avith the promoters to

pay for or shall supply any person Avith any of the gas supplied to him

‘ by

44° VIC. 1881.

Wagga Wagga Gas.

by tlie promoters without their consent in writing first obtained or if any person shallwantonly or maliciously binder or interrupt the contractors workmen agents or servants of the promotors in legally doing or per­ forming any of the acts 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 promoters or remove the same or cause a waste or improper use of gas supplied by the promoters it shall be lawful for the pro-moters to make a complaint thereof before any Justice of the Peace who may cause to be issued a summons to the person so offending to appear before the Court of Petty Sessions nearest to the place where such offence shall be committed and being thereof lawfully convicted such person shall forfeit and pay to the promoters any sum not exceeding five pounds over and above all damages done and over and above all costs such sum to be ascertained by such Court and to be enforced by distress and all proceedings under this Act not herein expressly pro­

' vided for shall be regulated and conducted in accordance with the powers of the law in force for the time-being respecting summaiy proceedings before Justices of the Peace and all such provisions shall so far as the same are applicable be enforced and observed in all proceedings under this Act not herein expressly provided for.

Apparatus not liable -lupc bumcr lamp inetci’ 01* othci’ apparatus of the

for distress execution , j i n i

&c. promoters being set up in any building tenement or place shall be subject to distress for rent or shall be taken in execution under any process or proceeding of any Court of Law or l^quity or under any proceedings in bankruptcy or insolvency save so far as any process or proceedings against the jwomoters are concerned.

Materials of streets	4.	When and so ofttni as the promoters their servants contrac­
&c. broken to be

replaced.

tors agents or workmen shall have opened broken up or removed the soil or pavement of any street or bridge as aforesaid or shall have opened or broken up any sewers drains or tunnels within or under any such streets or bridges the jiromoters 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 reinstate such pavement stone or other material and render such street or bridge and every such sewer drain and tunnel within or under the same as nearly as possible in the same condition as

Barriers and lights to

was ill pi’cviouslv to tlic disturbance thereof and during the con­ tinuance of such work and until such reinstattunent the promoters shall set up sufficient barriers and keep lights burning at night in order

'

Nuisances. to prevent accidents And also when and so often as any gas pitch waste tar waste liquid or other things shall escape or flow from any pipe receivers or drain being part of or incidental to the works to he erected under this Act so as to contaminate the air or any stream spring or other watercourse or body of water natural or artificial and render the same unhealthy or offensive or unfit for use it shall be laAvfulfor anyjiersonto give notice thereof hiAvviting to tin; promoters Avho shall immediately take the most sjieedy and elfectual measures to prevent or remedy the same and if the promoters shall make default in any of the matters so required by them to be performed it shall be lawful for any person to lodge complaint thereof before any Justice of the Peace who may summon the promoters 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 promoters within a reasonable time to bo named by such Court and in default of compliance Avith such order any ,1 ustice of the Peace on ])i‘oof of such default on the part of the promoters and on proof that the complainant or any other person has performed the said Avork so

to

1881.   44° VIC.

Wagga Wagga Gas.

to be done and of tbe costs ebar«es and expenses attending the same shall issue a distress Avarrant against the goods and chattels of the promoters 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 . It shall he laA\d‘ul for the promoters to cut otf and take aAvay row er to cut oft gaa

the supply of gas from the building tenement or other place of every of

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 tlic promoters by such person or body and

to enter by themseh^es their agents or Avorkmen into such building

tenement or place betAveen tlic hours of nine in the forenoon and four

in the afternoon and remove and carry aAvay any pipe burners lamp meter

or other apparatus the property of the promoters and the ])romoters

shall lia e the like powei's Avith regard to cutting off taking aAvay

and discontinuing the supply of gas in the case of the building tene­

ment or place of any person Avho shall lia e been laAvfully conA'icted

as hereinbefore provided of any fraudulent injury to any meter or	' '
apparatus on such premises or fraudulent use of the gas of the

promoters And in case any person or body avIio shall contract Avith the Eemedy for recovery

promoters or agree to take or shall take or use the gas of tlic promoters in any building tenement or place or otlierAvise shall refuse or neglect to pay the sum or sums of money then due under his or tlu'ir contract for the same to the promoters according to the terms and stipulations thereof it shall be laAvful for the promoters to make complaints of such refusal or neglect before any Justice of the Peace Avho may cause to be issued a summons to the party so refusing or neglecting calling on him or them to sI ioav cause before the Court of Petty Sessions in tbe police district in AA'hich such building tenement or place is situated or sucb user took place A\by he or they refiisi's 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 incurred in the prosecution thereof by distress and sale of the goods and chattels of the ]ierson or body so refusing or neglecting to pay.

6 . The clerk engineer or other otTiccr duly appointed for such Right of officer to

purpose by the promoters may at all reasonable times enter any build­ ing tenement or place lighted Avith gas supyilied by the promoters in order to insyiect the pipes burners lamps meters or other apyiaratus of or connected Avith thcAVorks of the promoters to regulate the supply of gas or to ascertain the quantity of gas consumed or sujiplied and if any person shall hinder any such officer as aforesaid from so entering or making such inspection as aforesaid at any reasonable time sucli person sh.all for every sucli otfence forfeit and ]>ay to the promoters a sum of money not exceeding five pounds to be awardlal and recovered by the promoters in like manner as the penalties aforesaid.

7. Aliy person may appeal from the judgment or conviction ofAppcai.

any Court of Petty Sessions ninh'r this Act in the form and manner set

forth in the Act of Council fifth AVilliam the Pourth number tA\unty-tAvo.

8. Nothing in this Act contained shall be construed to prevent Gtcnonii rights

any person from indicting or otherAvise yiroceeding either civilly or criminally against the jiromoters for nuisance or otherwise in respect of the Avorks or means used or employed by the jiromoters in exercising the jirivilegcs hereby on them conferred or to jirevent the jiromoters or any person from recovering any sum of money or otherAvise jiroceeding in any Court of competent jurisdiction but tbe jiromoters or any person to Avhom any penalty or sum of money may by the provisions of this Act be aAvarded may eh'ct (dtlier to jirocced in nianiu'r in this Act provided or to proceed for and recover damages or otherwise in any

Court of competent jurisdiction. 9.

44° VIC. 1881

Kurrajong Land and Riley-street Surry S ills Land Sales.

If works not con. 9 . Provided always that if within two years after the passing

sup̂pUed ̂ thf t̂wo promoters shall not supply at a price agreed upon by

yearspowerstocease, the promoters and the Borough Council of Wagga Wagga or if no

such price shall be or have been agreed upon then at a reasonable price gas of a good quality and in sufficient quantity to light the roads and streets in Wagga Wagga and all houses and buildings situate therein or if the said promoters shall after the said period of two years fail so to supply gas for any period exceeding twenty days then and in either of such cases all the powers hereby granted to or vested in the promoters shall thereupon cease and determine.

Interpretation

10. The following words and expressions in this Act shall have the meaning hereby assigned to them unless there be something either in the subject or context repugnant to such construction The word “ promoters” shall mean the said William Wark and John Anderson Wark their representatives or assigns owners for the time-being of the Wagga Wagga Gas-works The expression “Wagga Wagga Gas-works” shall mean the gas-works and the works connected therewith by this Act authorized to be constructed The woi-d “ street” shall include any square court or alley highway lane road thoroughfare or otlier passage or place within the limits of this Act The expression “ Borough of Wagga Wagga and Suburbs” shall comprise all that district which is included within a radius of five miles from the post office in the said borough Provided that it shall be lawful for the Governor at any time by proclamation in the Gazette to order that this meaning of the expression last aforesaid may for the purposes of this Act be extended to include any such other place or places as in such proclamation may be named and defined.

clause.

Short title. 11. This Act may be cited as the “ Wagga Wagga Gas Act of

1881.” ‘ ''