Wollongong Gas-light Company (Limited) Act of 1883 No wgc (NSW)

1883.   VIC.

IVollongong Gas-light Company {Limited).

A l l Act to enable the Wolloiiffonc: Gas-lia*ht W OLLOXGOyO

O-AS-LTOIIT COMPANT

Company (Limited) to construct Gasworks

(imiS'

within the Town and Suburbs of Wollon­

gong’. [l6'̂ May, 1883.]

« , IIEIIEAS it is cxpcdicut that the town of Wollongong and its Preamble.

and lighted with gas And Avhereas for the carrying out of the AA orks w ‘ snhurhs in the Colony of New South Wales should he supplied

neccssaiy for such su]i]ily of gas a Joint Stock CoinjAany called tlic “ Wollongong Gas-light Company (Limited) ” has hy a memorandum of association and articles of association lately hcen estahlishcd at Wollongong aforesaid in accordance with and suhji'ct to the jiroAusions of the Companies Act thirty-se\’en Victoria numher nineteen And whereas the Municipal Council of the Borough of Wollongong have at the request of the AVollongong Gas-light Company (Limited) and in consideration of the henclits to arise from the estahlishment and carrying out of such Avorks consented to the A'csting in the said Company of all necessary poAvers and authorities so far as the rights and interests of the said Municipal Council arc concerned Be it therefore enacted hy tlic Queen’s Most Excellent ^Majesty hy andAvith the adAUce and consent of the Legislative Council and Legislative Assembly of N cav Soutli "Wales in Parliament assemhled and hy the authority of the same as folloAvs :—

1. Tiie 'Wollongong Gas-light Company (Limited) is hcrchy Autbority to erect

fully authorized and empoAverod hy its servants contractors a g e n ts sf“ “ eter9 break up

workmen and others i'rom time to time to make erect sink lay place

’

fit maintain and repair such retorts gasometers or gasholders meters receivers cisterns engines machines cuts drains scAvers AA ater-courses pipes rcseiwoirs buildings and other Avorks and devices of such con­ struction and in such manner as the “ "Wollongong Gas-light Company (Limited)” shall think necessary or jn’opcr for the purpose of carrying out the operations of the “ "Wollongong Gas-light Company (Limited) ” in respect of and incidental to the making and supplying of gas in conformity Avith this Act and the said memorandnm and articles of association and also for all such purposes to open and l)reak up tin; soil and pavement of the several footpaths higliAA'ays streets bridges roads Avays lanes passag('s or other public place or thoroughfare or of any road Avay thoroughfare or place dedicated to or used hy the puljlic as such or any part or parts thereof Avithin the limits of the toAvn and suburbs aforesaid and to open and l)rcak up any sgavci’s drains or tnnncls AAutliin or unden* such streets and bridges and to erect posts j)illars lam2)s lamp-irons and other apparatus in or upon the same streets and bridges higliAAbays roads streets Avays lanes passages and other tlioronghfares and 2>laces 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 })lugs or branches from such mains or })ip('s in under across or along such streets bridges roads Avays lanes passages and other thoroughfares and place's and also AAuth such consent as hereinafter mentioned to do the like in undca- across or along any 2)riA'ate roads Avays lanes passages buildings and places and from time; to time to cut stop rcmoA'C alter re|)air re^jlacc and relay such main-pipes sto^j-cocks siphons })lugs hranclu's or oilier a})paratus "i’rovided always that nothing in this section contained shall he deemed to authorize the said Company their servants con­ tractors agents or Avorkmen to enter into or upon any private lands

hvildings

36 46“ VIC. 1883.

Wollongong Gas-light Company {Limited).

buildings 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 writing of the occupiers thereof except that the said Company may at any reasonable time hy its servants agents or workmen enter upon any land or place wherein any pipe hath already been laAvfully laid down or placed in pursuance of this Act and repair or alter the existing pipe or lay or place any new pipe in the stead thereof and pro­ vided also that the said Company shall unless in case of accident give twenty-fonr hours notice in writing to the Council Clerk of the said Municijiality prior to the opening or breaking up of any street lane road pavement sewer drain or tunnel as aforesaid Provided further that if in carrying out any of the operations of the said Company it shall he deemed necessary hy the said Company to enter upon under across or along any public or private railway or tramway it shall he sufficient for the said Company to obtain the consent of the Minister for Works for the time being of the Colony of New South "Wales anything herein­ before contained to the contrary notwithstanding.

To make contracts 2. It shall he laAvful for tlic said Company to contract with any

cah ôutVorirfor̂ pcrsons (whether incorporate or individual) for supplying with gas any that purpose. sucli person or persons or any streets ways lanes passages manufactories

shops warehouses public or private houses buildings or places and for such purpose from time to time lay doAvn carry fit up connect and furnish any pipe branch or burner lamp meter or other apparatus from or in connection with any main pipe or to lay down any new main which for such purposes may be required and to lot any such apparatus for hire for such sum as may be agreed upon which sum may be reeovered in like manner as any rent or remuneration for the supply of gas Provided always that in all cases where damage may be done by the said Company its agents workmen or others in the course of laying on or removing apparatus the said damage shall be made good at tbe expense of tbe said Company and in case the said Company shall delay within a reasonable time to make good such damage the owner or occupier of such premises may make good the same and recover the expenses thereof from the said Company in the same manner as is herein provided for the recovery of any sum of money payable under the provisions of this Act Provided also that if any owner or occupier of any building tenement or place or any person acting for him shall refuse reasonable access in pursuance of the provisions of this section or the sixteenth section of this Act to the contractors agents workmen 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 owner occupier or person acting for him shall immediately make payment to the said Company for such pipe burner meter or apparatus and in default of his so doing within three days after demand thereof made at the same building tenement or place or the residence or last-known residence of the party it shall be lawful for the said Company to make complaint to any Justice of the Peace who may cause to be issued a summons to the person so making default calling on him to show cause before the nearest Court of Petty Sessions to where the building tenement or place is situated why ho 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 person shall place or lay any pipe to communicate with any main pipe meter or other ajiparatus already laid placed or erected by the said Company or shall use additional burner or burners of larger dimensions or of other kind or desciiption than that he has contracted with the said Company to use or shall keep the gas suj)plied by the said Company luirning for a longer time than lie has

contracted

1883.   46^ VIC.

Wollongong Gas-light Company [L im ited).

contracted with the said Company to pay for or shall supply any person with any of the gas supplied to him hy the said Company without the Company’s consent in writing first ol)tained or if any person shall wantonly or maliciously hinder or interrupt any of the contractors worlcmcn agents or servants of the said Company in legally doing or performing any of the acts aforesaid or in exercising any of the powers and authorities hy this Act given or if any person shall wilfully or negligently or accidentally do or cause to he done any injury or damage to any of the huildings machinery pipes burners lamps meters or aj)paratus of the said Company or remove the same or cause a waste 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 offending to appear before the Court of Petty Sessions nearest to the place where such oJfence shall he committed and being tlicreof lawfully convicted such person shall forfeit and pay to the Company any sum not exceeding five 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 hy distress and all proceedings under this Act not herein expressly provided for shall ho regulated and conducted in accordance with the poAvers of the laAV in force for the time being respecting sum­ mary proceedings before Justices of the Peace and all such provisions shall so far as the same are applicable he enforced and observed in all proceedings under this Act not herein expressly pro Added for.

3. No pipe burner lamp meter or other apparatus of the said Apparatus not liable Company being set up in any building tenement or place shall pc ôr <iistress execution subject to distress for rent or shall be taken in execution under any

process or proceedings of any Court of LaAV or Equity or under any proceedings in bankruptcy or insolvency sa c so far as any process or proceedings against the said Company arc concerned.

4. When and so often as the said Company its servants con- Materials of streets

tractors agents or Avorkmen shall have opened broken up or removed the soil pavement stone or other material of any street or liridgc as aforesaid or shall haA'o opened or broken uja any seAÂ ers drains or tunnels Avithin or under any sucii streets or bridges the said Company shall make all reasonable despatch m performance of the Avork to bo done and shall on completion of sucli Avork forthwith ca rry aAvay all rubbish and waste or surplus material and reinstate such paA'cment stone or other material and render such street or bridge and every such

scAver drain and tunnel Avithin or under the same as nearly as possible

in the same condition as it a\ as in previously to the disturbance thereof and during the continuance of such Avork and until such reinstatement the said Company shall set up suflicient barriers and keep lights burning Ban-iera and lights

at night in order to prevent accidents and also when and so often as	‘‘P’
any gas pitch waste tar Avastc liquid or other things shall escape or Xuisauccs.
fioAV from any pipe receivers or drain being part of or incidental to the
Avorks to be erected under this Act so as to contaminate the air or any stream spring or other Avater-course or body of Avater natural or artificial
and render the same unhealthy or offensive or unfit for use it shall bo
laAvful for anj ̂ person to gNe notice thereof in AA’riting to the said
Company Avho shall immediately take the most speedy and efiectual measures to remedy and prevent the same and if the said Company shall make default in any of the matters so required by it to bo performed it shall be laAvful for any person to lodge complaint thereof before any Justice of the Peace avIio 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 aiicl direct that the said matters shall be done by the said Company AAnthin a reasonable time to bo named by such Court and in default of coinpliance with such order

any

46^ VIC. 1883.

Wollongong Gas-light Company {Limited).

any Justice of the Peace on proof of such default on the part of the said Company and on proof that the complainant or any other person has performed the said work so to be done and of the costs charges and expenses attending the same shall issue a distress warrant against the goods and chattels of the said Company for any amount not exceeding the said charges and expenses and the cost of prosecuting such complaint to he paid to the person performing the said work as aforesaid.

Price purity and 5. The price for the gas shall at no time exceed twelve shillings

illuminating power

of the gas.

and sixpence per thousand cubic feet and the gas supplied shall ho absolutely free from sulphuretted hydrogen and shall he of such minimum quality as to produce from an Argand burner having fifteen holes and a seven-inch chimney consuming five cubic feet of gas per hour a light equal in intensity to the light produced by fifteen sperm candles of six in the pound burning one hundred and twenty grains per hour.

Provision for testing.

6. The said Company shall within twelve months after receiving notice from the Borough Council put up at some testing place to be provided by the said Council within the Borough suitable apparatus for the purposes following—

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

(ii) For testing the presence of sulphuretted hydrogen in the

gas supplied The said apparatus shall be in accordance with the Schedule hereunto annexed and shall at all times bo kept and maintained in good repair arid working order by the said Company.

Appointment of

7. The Borough Council may from time to time appoint a com­ petent and impartial person to be gas examiner to test the gas at the testing place who shall test the illuminating poAver and purity of the gas supplied on any or eveiy day and the said Company maybe repre­ sented at the testing if they shall think fit but shall not be entitled either by themselves or their representatives to interfere in the testing.

gas examiner.

Gas examiner to 8. The gas examiner shall on the day immediately following

report &e. that on Avhich the testing was made by him deliver to the Borough Council a report of such testing and shall delAer a copy tiiereof to the said Company and such report shall be receivable in evidence.

Gas examiner how 9. Any gas examiner appointed by the Borough Council shall

piid.

be paid a salary not exceeding one liundred pounds per annum which shall be paid one moiety by the Council and the other moiety by the said Company.

Meters.

10. No meter shall be used for ascertaining the quantity of gas sold by the said Company unless the same shall have its measuring capacity at one revolution or complete action of the meter and also the quantity per hour it is intended to measure in cubic feet or multiplies or decimal parts of a cubic foot denominated or marked on the outside thereof in legible letters or figures and shall have been tested and stamped as correct by the Englisli Warden of Standards or other lawful authority.

Borough Councils	_	11. An inspector of meters may from time to time be appointed Borough Couucil and the said inspector shall at all times when authorized by the Council on the application and at the expense of any consumer of gas supplied by the said Company be entitled to inspect and test the meters erected by the said Company in the premises of the person making such request after giving forty-eight liours notice of such intended inspection to the said Company and before such inspection the person requiring the same shall deposit in the hands of the inspector all money due or appearing to be due by such person to the said Com­ pany on account delivered and in case such deposit shall be in excess of the sum found to be duo to the said Company such excess shall be returned to the consumer.
m:

of meters.

1883.   46° VIO.

Wollongong Gas-light Company {Limited).

12. No meter -vyhiĉ li shall have been fix(al hy the said Company Regulation of motor,

for nse before the expiration of one year of tlu; time when this Act comes into operation shall he allowed to remain in use after the expiration of live years from that time unless it shall have been tested and stamped as by this Act directed and no meter once tested and stami)ed under the provisions of this Act shall he allowed to remain in use for more than seven years from the time when it shall have been last so stamped unless and until it shall have been retested and re­ stamped in manner aforesaid and whenever the said Company shall knowingly allow any meter to be used in contravention of this section they shall be liable to a penalty not exceeding forty shillings for every such offence.

13. After the expiration of one year from the time when this Legal standard.

Act comes into operation the legal standard or unit of measure for the	.
sale of the said Comjiany’s gas by meter shall be the cubie foot con­ taining sixty-two and throe hundred and twenty-one thousands (C2'321) pounds avoirdupois weight of distilled or rain Avater Avcighed in air at the temperatnre of sixty-two degrees of Pahrenheit’s thermometer tlu' barometer being at thirty inches.

14. If any person shall forge or counterfeit or cause or procure Forging stamps,

to be forged or (,‘ountcrfeited or knoAvingly act or assist in the I'orgiiig or counterfeiting any stamp Avhich may hereafter be used for tlu; stamping of any meter under this Act every person so oifendiiig shall for every such olTcnce be liable to a penalty not exceeding fifty pounds nor less than ten pounds and if any person shall knoAvingly sell utter or dispose of let lend or expose for sale any meter Avith such forged stamp thereon every person so olfending shall for every such otfcncc be liable to a penalty not exceeding ten pounds nor less than forty shillings and all meters having forged or counterfeited stamps thereon shall be forfeited and destroyed.

15. All gas supplied by the said Company shall except in case I’reBsurc of gus.

of accident be supplu'd at such jircssurc as to balance from midnight to sunset a column of Avater not less than six-tenths of an inch in height and to balance from sunset to midnight a column of Avatcr not less than one inch in height.

16. It shall be laAvful for the said Company to cut off and take Power to cut oir gas

away the supply of gas from the building tenement or other place of every person or body making default iir payment after giving tAventy- four hours notice to the occupier and thenceforth to discontinue tlic supply of gas contracted for Avith the said Comjrany by such person or body and to enter by itself its agents or Avorkmen into such building tenement or place betAveen the hours of nine in the forenoon and four in 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 have the like poAvers Avitli regard to cutting off taking aAÂ ay and discontinuing the supply of gas in the case of the building tenement or place of any person Avbo shall have been laAvfully conA'icted as hereinbefore proA’ided of any fraudulent injury to any meter or apparatus on such premises or fraudulent use of the gas of the said Company And in case any person or body AAdio shall Remedy for recoveiy

contract Avith the said Company or agree to take or shall tak(! or nse the gas of the said Company in any building tenement or place or otherwise 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 bo 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 be issued a summons to tbe party or parties so re­ fusing or neglecting calling on him or them to shoAV cause before the

Court

40 46*̂ VIC. 1883.

Wollongong Gas-light Company {Lim ited).

Court of Petty Sessions in tlie Police District in ivliicli such building tenement or place is situated or such user took place why 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 enforcement of the said demand and costs charges and expenses incurred in the prosecution thereof hy distress and sale of the goods and chattels of the person or persons or body so refusing or neglecting to pay.

Eight of officer to 17. The 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 pipes burners lamjis meters or other apparatus of or connected with the works of the said Company to regulate the supply of gas or to ascertain the quantity of gas consumed or supplied and if any person shall hinder any such officer as aforesaid from so entering or making such inspection as aforesaid at any reasonable time such person shall for every such offence forfeit and pay to the said Company a sum of money not exceeding five pounds to he awarded and recovered hy the said Company in like manner as the penalties aforesaid.

Kiglit of appeal.

18. Any person may appeal from the judgment or conviction of any Court of Petty Sessions under this Act in the form and manner set forth in the Act of Council fifth William the Pourth numher twenty-two.

Indictment for 19. In the event of the wrongful exercise of any powers given

nuisances. hy this Act nothing in this Act contained shall he construed to prevent any person from indicting or otherwise proceeding either civilly or criminally against the said Company for nuisance or otherwise in respect of the works or means used or employed hy the said Company in exercising the privileges hereby on the said Company conferred or to prevent the said Company or any person from recovering any sum of money or otherwise proceeding in any Court of competent jurisdic­ tion hut the said Company or any person to whom any penalty or sum of money may hy the provisions of this Act he awarded may elect either to proceed in manner in this Act provided or to proceed for and recover damages or otherwise in any Court of competent jurisdiction.

Power to Secrctar/ 20. In all cases in which hy any Act of Parliament or of the

or other officers. Colonial Legislature or hy any rule or order of the practice of the Supreme Court or any other Court now or hereafter to be in force in this Colony the plaintiff complainant or defendant in any action suit or other proceeding civil criminal or otherwise or any creditor of an insolvent estate or any person being a party to or interested in any process or proceeding whatsoever is or shall he authorized empowered or required to make any affidavit deposition or information or to sign or present any petition or to do any other act it shall be lawful and competent for the Secretary or any other officer of the said Company with the consent in writing of the Directors of the said Company where such Company shall he such plaintiff complainant defendant or credi­ tor or he a party to or otherwise interested in any process or pro­ ceeding whatsoever as aforesaid for and on behalf of the Company to make any such affidavit deposition complaint or information sign or present any such petition or do any such other act as aforesaid for or on behalf of the said Company.

Custody and use of 21. The Directors for the time being shall have the custody of

seal. the common seal of the Company and the Directors present at a Board of Directors of the Company or a majority of them shall have power 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

1883.   4G° VIC.

IFollongong Gas-light Coinpang {Limited).

it shall not ho necessary to use the Corporate seal in respect of any of the ordinary business of the Company or for the appointment of any attorney or solicitor for the prosecution or defence of any action suit or proceeding or of any officer or servant of the Company and such seal may he affixed to any deed or document •whatsoever by any one of the Directors of the said Company or hy the hand of any person whom the Directors shall appoint in that behalf and the affixing thereof shall he attested hy at least one Director and such person so appointed.

2 2 . Nothing contained in this Act shall prevent the said Com- com pany may be

pany being brought under the provisions of any general Act ■which

may be passed hy the Parliament of New South Wales applying equally	‘	'
to Companies engaged in the manufacture of gas in the said Colony ■n’ith reference to the 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.

23. If it shall he j)roved to the satisfaction of any two Justices General pcniiiiy.

of the Peace in Petty Sessions assemhled that the said Company or any of its officers have been guilty of any default under tliis -:\.ct not other­ wise provided for under this Act they shall he liable for each and every such default to a penalty not exceeding five pounds to he recovered in a summary Avay.

2-1. The folloAving words and expressions in this Act shall have interpretntionclause,

the several meanings lierehy assigned to them unless there he some­ thing cither in the subject or the context repugnant to such construction that is to say— The expi'cssion “Company” shall mean “The Wollongong Gas-light Company (Limited)” The expression “ GasAVorks” shall mean the gasAVorks and the A\"orks connected therewith hy this Act authorized to he constructed The expression “ Directors” shall mean the Directors for the time being of tlie said “ Wollongong Gas-light Company (Limited)” The Avord “ Street” shall include any square court or alley higliAvay raihvay tramway lane footpath road thorough­ fare or other passage footpath or place Avhether public or priAatc AAuthin the limits of this Act The expression “ ToAvn and Suburbs of

Wollongong” shall comprise all those districts aaIucIi arc included

within a radius of five; miles from the post olhcc of the said toAAui Provided that it shall he laAvful for the Governor on receipt of a petition from the inhal)itants of any adjoining locality or area at any time and from time to time hy proclamation in the Government Gazette of the said Colony to order that this meaning of the expression last aforesaid may for the purposes of this Act he extended to include any such other jilace or places as in such proclamation may he named and defined.

25. This Act may he cited as the “ Wollongong Gas-light siiort title.

Company (Limited) Act of 1883.”

SCHEDULE.

P art I.

1. Hegulations in respect of testing apparatus.

(/r) The .app.iratus for testing the illuminating power of the gas shall consist of the most iinproved 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 fifteem 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 apparatus.

_ (h) Eor testing the jiresence in the gas of sulphuretted hydrogen A glassvessel

containing a strip of bibulous paper moistened with a solution of acetate of lead con­ taining sixty grains of crystallized acetate of lead dissolved in one fluid ounce of water.

^ P art

46° VIC. 1883.

Wollongong Gas-light Company {Lim ited).

P art II.

1. Rules as io mode o f testing gas.

(a) Mode of testing for illuminating power The gas in the photometer is to he

lighted at least fifteen minutes before the testings begin and it is to be kept continually

burning from the beginning to the end of the tests.

Each testing shall include ten observations of the photometer made at intervals

of a minute.

The consumption of gas is to be carefully adjusted to five cubic feet per hour.

The candles are to be lighted at least ten minutes before beginning each testing

so as to arrive at their normal rate of burning which is shown when the wick is slightly bent and the tip glowing The standard 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 jihotometer the gas examiner shall weigh the candles and if combus­ tion 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.

O Eor sulphuretted hydrogen The gas shall be passed through the glass vessel containing the strip of bibulous paper moistened with the solution of acetate of lead for a period of three minutes or such longer period as may be prescribed and if any discolouration of the test paper is found to have taken place this is held to be conclusive as to the presence of sulphuretted hydrogen in the gas.