Windsor Gas-light Company (Limited) Act of 1884 No wgc (NSW)

An Act to enable the Windsor Gas-]ii»ht ̂ W indsor

G A' -1> I o 11T C o M r A N r

Company (Limited) to construct Gas-	(lilMlTED).
work- within the Town of AVindsor.

[20̂ /<̂ Jiine, S 884.]

T T T IIE llE A S it is (‘xpedient tliat tlio iowu of AVindsor and ils rnambio.

V V su1)url)s ill tlie Colony of ?\('w Soulli AValos sliall bn snpplii'd

and lii>;lited witli gas ,Vnd wln'rcas for tlin carrying out of tbn works necessary for sncli supply of gas a Joint Stock Coinjiany calbxl tln̂ “ AVindsor Gas-liglit Coni])any (Limited)” has by a nunnorandum of association lately been (>stablislied at AVindsor aforesaid in accordances with and subject to tlic provisions of the Companies Act tbirty-seveu Victoria number nineteen And wlicmis the Alunicipal Council of the Boroughof AVindsor and the Commissioners of thcAAlndsor Hoad Trust

d have

50 48'’ VIC. 1884.

Windsor Gas-light Company (^Limited).

have at the request of the Windsor Gas-light Company (Limited) and in eonsideration of the benefits to arise from the establislimentand carrying out of such works consented to the vesting in tlie said Company 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 follows :—

Authority to erect 1. The “ Windsor Gas-light Company (Limited) ” is hereby fully

ftoe\Troads'’&a'' authorized and empowered by its servants contractors agents workmen and otbers from time to time to make erect sink lay place fit maintain and repair such retorts gasometers or gas-holders meters receivers cisterns engines machines cuts drains sewers watercourses pipes reser­ voirs buildings and other works and devices of such construction and in such manner as the "Windsor Gas-light Company (Limited) shall think necessary or proper for the purposes of carrying out the opera­ tions of the Mundsor Gas-light Company (Limited) in respect of and incidental to the making and supplying of gas in conformity with this

■ Act and the said memorandum of association and also for all such j)urposcs to open and break up the soil and pavement of the several footpaths highways streets bridges roads ways lanes passages or other public places or thoroughfares or of any road way thoroughfare or place dedicated to or used by the public as such or any part or parts thereof within the limits of the town 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 lamp-irons and other apparatus in or upon the same streets bridges highways roads ways lanes passages and other thoroughfares and places or 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 syphons plugs or branches from such mains or pipes in under across or along such streets bridges 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 pipes stop-cocks syphons plugs branches or other apparatus Provided always that nothing in this section con­ tained shall be deemed to authorize the said Company their servants contractors agents or workmen to enter into or upon any private lands building or places for any of the purposes aforesaid or thereon to carry out any of the operations of the said Company without the previous consent in writin g of the occupiers thereof except that the said Company may at any reasonable time by its servants agents or workmen enter upon any land or place whereon any pipe hath already been lawfully laid down or placed 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 said Company shall unless in case of accident give twenty-four hours’ notice in -writing to the Council Clerk of the said Municipality prior to the opening or breaking up as aforesaid of any street road pavement sewer drain or tunnel as aforesaid Provided further that if in carrying out any of the operations of the said Com­ pany it shall be deemed necessary by the said Company to enter upon under across or along any public or private railway or tramway it shall be sufficient for tbe said Company to obtain tbe consent of the Minister for "VPorks for tlu; time being of tlic Colony of New South "Males anything hereinbefore contained to tbe contrary notwithstanding Provided always tliat in case the Municipal Council of the said Borough of Windsor shall at tbe expiration of ten vicars from the date when tiie streets of the said town under the control of the said Borough

shall

1884-. 48" VIC.

Windsor- Gas-light Company [Limited).

sluill 1)0 first lit with gas he desirous to purchase the gas-works property and elVects of tlie said Company it shall he lawful for it so to do u])on giving to the said Company by leaving at its registered office; or works six months’ notice of siudi wish or desire so to purchase; and the price; or consieleration to he paid for the said works proj)crty and effects shall he ascertained and fixed by arbitration in conformity with the' laws for the time l)eing regulating or re'lating to arbitrations.

"I. It shall he lawful leer the saiel Coin])any to contract Avith any To make contracts

AA orkmen or others in the course of laying on or removing ajtparaius the said damage shall bt; made good at tin; expense of the said Company and in case the said Company shall d(;lay within a reasonable time to make good such damage the oAA-ner or occu])ier of such premises may make good the same and reeovA'r the expenses thereof from the said Company in tlie same manner as is herein proA'ided for the recovery of any sum of money payable under the 2>rovisions of this Act Provided also that if any owner or occupier of any building tenement or place or any person aching for him shall refuse reasonable access in ])ursuance of the proA'isions of this section or the sixteenth section of this Act to the contractors agents Avorkmen or servants of the said Company for the purpose of removing any such pipe burner meter or apparatus placed or introduced into any such building tenement or place by the said Company or shall prevent or obstruct such removal then the said OAimer occupier or person acting for him shall immediately make payment to the said Company for such pipe burner meter or a]>paratus and in default of his so doing Avithin three days after demand thereof made at the same building tenement or place or the rcsidcnci; or last knoAvn residence of tlu; party it shall be hiAvful for the said Company to make complaint thereof to any d ustice of the Peace Avho may cause to be issued a summons to the person so making default calling on him to s1ioa\" cause before tlu; nearest Court of Petty Sessions to Avhcrc the building tenement or ])lace 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 hereinafter set forth V̂nd if any person shall place or lay any pipe to communicate Avitli any main pi])c meter or otlu'r ajjparatus already laid j)laced or ('reefed by tlu; said Company or shall use additional burner or burners of larger dimensions or of other kind and description than that he has contracted with the said Com])any to use or shall keep the gas supplied by the said Company burning for a longer time than he has contracted A\dth the said Com- ])any to pay for or shall supply any person Avith any of the gas supplied to hinr by the said Company Avithout the Company’s consent in A\ riting first obtained or if any person shall A\antonly or maliciously binder or int(;rrupt any of the contractors Avorknren agc'nts or servants of tlu; said Company in legally doing or performing any of the acts aforesaid or in exercising any of the poAvers and authorities by this Act giA'en or if any person shall Avilfully or negligently or accidentally (lo or cause to be done any injury or damage to any of the buildings machinery pipes burners lamps nu'ters or a})paratus of tlu; said

jeerseai Avhetlier incorporate or indmdual for supplying Avith gas nny for hire for such sum as may be agreed upon Avhich sum may be recovered in like manner as any rent or remuneration for tin; supj)ly of gas Provided ahvays that in all cases AAdierc damage may be done by the said Company its agents

such pe'rse)u or pe'i'sons eer any si re;e;ts AV.ays lane;s passages maneit;ectorie;s :>iat imrj oac.

sheeps Avarehouses public or private houses huilelings or place's :inel for

such purpose from time to time to lay doAvn carry fit up connect and

furnish any pipe branch or burner lamp nieeter or other apparatus

from or in connection Avith any main pipe or te; lay eloAvn any ucav tnaiu

Company

48° VIC. 1884.

Windsor Gas-light Company {Limited).

Company or remove the same or cause a vaste or improper use of gas supplied hy the said Company it shall he lawful for the said Company to make a complaint thereof before any Justice of the Peace who may cause to he issued a summons to the person or persons so olfending to appear before the Court of Petty Sessions nearest to the place where such offence shall be committed and being thoroof lawfully convicted such person shall forfeit and pay to the said Company any sum not exceeding live pounds over and above all damages done and over and above all costs such sum to he ascertained hy such Court and to he enforced by distress and all proceedings under this Act not herein expressly provided for shall he regulated and conducted in accordance with the powers and tlie law in force for the time being respecting summary proceedings before Justices of tlic Peace and all such pro­ visions shall so far as the same are applicable be enforced and observed in all proceedings under this Act not herein expressly provided for.

Apparatus not liable

for distress execution 3. No pipe burner lamp meter or other apparatus of the said

&c.	Company being set up in any building tenement or place shall he subject to distress for rent or shall be taken in execution under any process or jiroceeding of any Court of law or equity or under any proceedings in bankruptcy or insolvency save so far as any process or proceedings against the said Company are concerned.
Materials of streets
&c. broken to be	4. When and so often as the said Company its servants con­ tractors agents or workmen shall have opened broken up or removed the soil or pavement stone or other material 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 said Company shall make all reasonable despatch in jK'rfoianamje of the work to be done and shall on completion of such Avork 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 it was in previously to the disturbance thereof and during the continuance of such Avork and until [such
replaced.
Barriers and lights	I’cinstatemcnt the said Company shall set up sufficient harriers and
to be kept up.	keep lights burning at night in order to prevent accidents And also Avhen and so often as any gas pitch Avaste tar Avaste liquid or other things shall escape or floAV from any pi})c receivers or drain being part of or incidental to the Avorks to he erected under this Act so as to
Nuisances.	contaminate the air or any stream spring or other AA'atercourse or body of water natural or artificial and render the same unhealthy or offensive or unfit for use it shall he laAA'ful for any person to give notice thereof in writing to the said Company aa'Iio shall immediately take the most speedy and effectual measures to prevent and remedy the same and if the said Company shall make default in any of tlie matters so required hy it to he performed it shall he laAA’ful for any person to lodge complaint thereof before any Justice of the Peace aaJio may summon the said Company before the nearest Court of Petty Sessions and on proof of such default the said Court of Petty Sessions shall order and direct that the said matters shall he done hy the said Company AAdthin a reasonable time to he named by such Court and in default of compliance A\dth such order any Justice of the Peace on proof of such default on the part of the said Company and on proof that the complainant or any otlicr person has jierformed the said Ai'Oi’ks so to be done and of the costs charges and exjuaises atfi'uding the same shall issue a distress Avarrant against the goods and chattels of tlic said Company for any amount not excei'ding the said charges and expenses and the costs of jirosccuting such complaint to be paid to the person performing the said Avork as aforesaid.

1884. 48̂ ̂VIC. 53

JVindsor Gas-light Company {Limited).

5. The price for the gas shall at no time exceed twenty shillings rrioe purity and

per thousand cubic i'et't and the gas siqtpliod shall he absolutely free

from sulphuretted hydrogen and shall be of such minimum qiiality as	”
to produce from an Argand burner having liCteen holes and a seven- inch chimney consuming five cubic feet of gas per hour a light equal in intensity to the light produced hy fifteen sperm candles of six in the pound burning one hnnclrt'd and twenty grains per hour.

6. The said Company sliall Avithin t\relve months after receiving Provision for testing,

notice from the Borough Council put up at some testing-place to ho provided hy the said Council within the Borough suitable apparatus for the purposes folloAving :—

(l) Bor testing the illuminating power of the gas supplied.

(ii)   Bor testing the presence of sulphuretted hydrogen in the gas supplied The said ajiparatus shall he in accordant;e Avith the Schedule hereunto annexed and shall at all times ho kept and maintained in good repair and Avorking order hy the said Company.

7. Tlie Borougli Council may from time to time appoint a com- Appointmpni of gas

jietcnt and impartial person to he gas examiner to test the gas at the testing-place Avho shall test tlic illuminating power and purity of the gas su])plicd on any or ewery day and tlie said Company may he rcprcsimtcd at the testing if tliey shall think fit hut shall not he entitled cither hy thcmselAms or their representatives to interfere in the testing.

8. The gas examiner shall on the day immediately f o l l o A v i n g Oa=i cxnminovto

that on Avhicli the testing AA as made hy him deliA'er to tlic Borough Council a report of sncli testing and shall delwer a copy thereof to the said Company and such ri'port shall ho rcccivahlc in evidence.

!). Any gas examiner appointed hy the Borough Council sliall Gas cxamiiur iiow

he paid a salary not exceeding one hundred pounds per annum aa IucIi shall h(' paid one moii'ty hy the Council and the other moiety hy the said Company.

10. No meter shall he used for ascertaining the quantity of gas Motors,

sold hy the said Com]>any unless the same shall have its mi'asuring cajiacity at one revolution or comph'te action of the meter and also the quantity per hour it is intendi'd to measure in cubic feet or multiph's or decimal parts of a cubic foot denominated or marked on the outside thereof in legible letters or figures and shall have been ti'sted and stamped as correct hy the English Warden of Standards or other laAvful authority.

11. An inspector of meters may from time to time he appointed Borough Council

hy the Borough Council and the said inspector shall at all times Avhen Uispel!to’°onnciers

authorized by the Council on tlie application and at the expense of any

consumer of gas supplied hy tlic said Company he entitled to inspi'ct

and test the meters erected hy the said Com])any on the premises of tlie

])crson making such request after ghung forty-dght hours’ notici' of such

intended inspection to the said Company and bd'ore such inspection the

person requiring the same shall deposit in the hands of the inspector

all moneys duo or appi'aringto ho duo hy such person to the said Com­

pany on account delivered and in case such deposit shall he in exci'ss

of the sum found to be due to the said Company such excess shall he

returned to the consumer.

12. No meter A v h ic h shall have been fixed by the said Company ion of meters,

for use before the expiration of one year of the time Avhen this Act conu's into operation shall he alloAved to remain in use after tlu' expira­ tion of five years from that time unless it shall have been tested and stamped as by this Act directed and no meter once tested and stamped under the provisions of this Act shall he allowed to remain in use for more than scAmn years from the time Avhen it shall have hi'cn last so stamped unless and until it shall have been retested and restamped in

manner

48̂ VIC. 1884.

Windsor Gas-light Conrpany {Limited').

manner aforesaid and whenever the said Company shall knowingly allow any meter to he used in contravention of this section they shall he liable to a penalty not exceeding forty shillings for every such offence.

Legal standard.	13. After the expiration of one year from the time when this Act comes into operation the legal standard or unit of measure for the sale of the said Company’s gas hy meter shall he the cubic foot con­ taining sixty-two and three hundred and twenty-one thousandths (62’321) pounds avoirdupois weight of distilled or rain water weighed in air at the temperature of sixty-two degrees Fahrenheit’s thermometer the barometer being at thirty inches.
Forging stamps.	14. I f any person shall forge or counterfeit or cause or procure to he forged or counterfeited or knov/ingly act or assist in the forging or counterfeiting any stamp which may hereafter he used for the stamping ofanymetcr under this Act every person so offending shall for every sucli offence he liable to a penalty not exceeding fifty pounds nor less than ten pounds and if any person shall knowingly sell utter or dispose of let lend or expose for sale any meter with siich forged stamp thereon every person so offending shall for every such offence be liable to a penalty not exceeding ten pounds or loss than forty shillings And all meters having forged or counterfeited stamps thereon shall be forfeited and destroyed.
Pressure of gas.	15. All gas supplied hy the said Company shall except in case' of accident he supplied at such pressure as to balance from midnight to sunset a column of water of not less than six-tenths of an inch in height and to balance from sunset to midnight a column of water not less than one inch in height.
Power to cut off gas
of defaulter.	16. It shall he lawful for the said Company to cut off and take away the supply of gas from the building tenement or other place of every person or body making default in payment of charges for the supply of gas after giving twenty-four hours’ notice to the occupier and thenceforth to discontinue the supply of gas contracted for Avith the said Company hy such person or body and to enter hy itself its agents or workmen into such building tenement or place between the hours of nine in the forenoon and four in the afternoon and remove and carry away any pipe burners lamp meter or other apparatus the property of the said Company and the said Company shall ha^n the like powers with regard to cutting off taking away and discontinuing the supply of gas in the case of the building tenement or place of any person who shall have been lawfully convicted as hereinbefore provided of any fraudulent injury to any meter or apparatus on sucli promises or fraudulent use of the gas of the said Company And in case any person or body who shall contract with the said Company or agree to take or shall take or use tlie gas of the said Company in any building tenement or place or otherAvise shall refuse or neglect to pay the sum or sums of money then due under his or their contract for the same to the said Company according to the terms and stipulations thereof it shall he laAvful for the said Company Avithout prejudice to any other remedy to make complaints of such refusal or neglect before any Justice of the Peace who may cause to ho issued a summons to the party or parties so refusing or neglecting calling on him or them to shoAV cause before the Court of Petty Sessions in the police district in Avhich such building tenement or place is situated or such user took place Avhy he or they refuses or refuse to pay such sum or sums and thereupon the said Court shall proceed to the adjudication of the said complaint and enforce­ ment of the said demand and costs charges and expenses incurred in the prosecution hereof hy distress and sale of the goods and chattels of the person or persons or body so refusing or neglecting to pay. ^

Right of officer to 17. Tlic secretary engineer or any other officer of the said

enter premises. Company may at all reasonable times enter any building tenement or place lighted with gas supplied hy the said Company in order to inspect

' ' * ’ the

1884   48" VIC.

Windsor Gas-light Company {Limited).

the pipes burners lamps meters or other apparatus of or connected with the Avorks of the said Company to rcg'ulate the supply of gas or to ascertain the quantity of gas consumed or supplied and if any person shall liinder any such otFiccr as aforesaid from so entering or making such inspection as aforesaid at any reasonable time such person shall for every such offence forfeit and pay to the said Company a sum of money not exceeding live pounds to he aAV'arded and reco\a;red hy the said Company in like manner as the penalties aforesaid.

18. Any person may appeal from the judgment or conviction of Rigiit of appeal,

any Court of Petty Sessions under this Act in the form and manner set forth in the Actof Council fifthWilliam the hourth number tAventy-two.

19. In the event of the Avrongful exereise of any poAvers given itidiotment for

hy this Act nothing in this Act contained sliall he construed to prevent any person from indicting or othcrAAuse proceeding either civilly or criminally against the said Company for nuisances or otherwise in respect of the AA'orks or means used or emjiloyed hy the said Comjiany in exercising the privileges hereby on the said Company conferred or to prevent the said Company or any person from recovering any sum of money or otherwise proceeding in any Court of competent jurisdiction hut the said Company or any person to Avliom any penalty or sum of money may hy the provisions of this Act provided he aAvarded may elect either to proceed in manner in this Act provided or to proceed for and recover damages or otherwise in any Court of competent jurisdiction.

20. In all cases in which by any Act of Parliament or of tlie Power to Seoretary

Colonial Legislature or hy any rule or order of the practice of the

officers.

Supreme Court or any other Court noAV or hereafter to he in force in this Colony the plaintiff complainant or defendant in any action suit or other pocceding cm l criminal or otherAvise or any creditor of an insolvent estate or any person being a party to or interested in any process or proceeding Avhatsoever is or shall he authorized empowered or required to make any affidavit deposition or infonnation or to sign or present any petition or to do any other act it shall he laAvful and competent for the Secretary or any other officer of the said Company with the consent in Avriting of the directors of the said Company Avhere such Company shall he such plaintiff complainant defendant or creditor or he a party to or othcrAvise 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 sueh other act as aforesaid for or on behalf of the said Company.

2 1 . The Secretary for the time being shall have the custody of Custody and use of

the common seal of the Company and the directors of the Company or a majority of them shall ha e poAver to use such common seal or authorize the same to he used for the affairs and concerns of the Company and under such seal to authorize and empower any person or persons without such seal to execute any deeds and do all or any such other matters and things as may he required to he executed and done for or on behalf of the Company But it shall not be necessary to use the corporate seal in respect of any of the ordinary business of the Company or for the appointment of any attorney or solicitor for the prosccTltion or defence of any action suit or proceeding or of any officer or servant of the Company and such seal may he affixed to any deed or document Avhatsoever hy tAvo or more of the Directors of the said Company in the presence of the Secretary for the time being and in pursuance of a resolution of the Board to that effect and the affixing thereof shall l)c attested hy sueh tAVO or more Directors and the Secretary.

22. Nothing contained in this Act shall prevent the said Com- Company may be

pany being brought under the provisions of any general Act Avhich

may he passed hy the Parliament of New South Wales applying '

equally

48« YIC. 1884

Windsor Gas-light Company {Limited).

equally to Companies engaged in the manufacture of gas in the said Colony with reference to tlie manufacture and sale of gas nor entitle the said Company to compensation from the public revenue hy reason of the provisions of such general Act for the purpose aforesaid being made applicable to and binding upon the said Company.

General penalty.	26. If it shall be proved to the satisfaction of any two Justices of the Peace in Petty Sessions assembled that the said Company or any of its officers have been guilty of any default under this Act not other­ wise provided for under this Act they shall be liable for each and every such default to a penalty not exceeding five pounds to be recovered in a summary way.
Interpretation
clause.	24. The following words and expressions in this Act shall have the several meanings hereby assigned to them unless there be some­ thing either in the subject or the context repugnant to such construc­ tion that is to say The expression “ Company” shall mean the Windsor Gas-light Company (Limited) The expression “ Gas-works” shall mean the gas-works and the works connected therewith hy this Act,authorized to he constructed The expression “ Directors” shall mean the Directors for the time being of the said Windsor Gas-light Company (Limited) The word “ street” shall include any square court or alley highway railway tramway lane footpath road thorough­ fare or other passage footpath or place whether public or private within the limits of this Act The expression “ Town and Suburbs of Windsor” shall comjirise all those districts which arc included Avithin a radius of two miles from the post office of the said town.

Short title. 25. This Act maybe cited as the “ Windsor Gas-light Company

(Limited) Act of 18^4.”

SCHEDULE.

P a h t I .

1. Eegulations in respect o f testing apparatus.

Tlie app.it’.aluB for testing the illuminating power of the gas shall consist of an approved form of photometer known together with a proper meter minute clock governor pressure gauge and balance The burner to bo used for testing the gas shall be an Argand burner having fifteen holes and a seven-inch chimney The candles used for testing the gas shall be sperm candles of six to the pound and two caudles shall be used together.

2. The ap>paratus.

For testing the presence in the gas of sulphuretted hydrogen a glass vessel

containing a strip of bibulous paper moistened with a solution of acetate of load con­

taining sixty grains of crystallized acetate of lead disolved in one fluid ounce of water.

P a u t I I .

1. Mules as to mode o f testing gas.

Mode of testinq fo r illuminating power The gas in the photometer is to ho lighted at least fifteen minutc.s before the testing begins and it is to bo kc])t continually burning from the begining to the end of the tests Each testing shall include ten observations of the photometer made at intervals of a minute The consum[)tion of gas is to be carefully adjusted to five cubic feet per hour The candles are to be lighted at least ten minutes before begining each testing so as to arrive at their normal rate of burning which is shown when the wick is slightly bent and the tip glowing The standard rate of consumption for the candles shall be one hundred and twenty grains each per hour Before and after making each set of ten observations of the photometer the gas examiner shall weigh the candles and if combustion shall have been more or less per candle than one hundred and twenty grains per hour he shall make and record the calculations requisite to neutralize the effects of this difference The average of each set of ten observations is to be taken as representing the illuminating power of that testing.

2. Mode o f testing.

For sulphuretted hydrogen The ga.s shall be passed through the glass vessel con­

taining the strip of bibulous paper moistened with the solution of acetate of lead for a period of threat minutes or such longer period as may bo perscribed and if any discolo­ ration of the test ]>aper is found to have taken place this is held lo be cimelusive as lo tlie presence of sulphuretted hydrogen in the gas.

... ........... " An