Wynnum and Manly Gas and Lighting Company, Limited, Act of 1912 (3 Geo v) (Qld)

III. LOCAL, PERSONAL, AND PRIVATE ACTS OF TIIE PARLIAMENT OF QUEENSLAND, 30 G-E0R,G-II V. BRISBANE EXHIBITION LANDS. See PARKS AND PUBLIC LAND. COMPANIES. An Act to Enable the Wynnum and Manly Gas and 3 Geo. V. Lighting Company, Limited, a Company duly TANNED TINT Incorporated and Registered under the provi- L_ GIAGSHTAINNDG COMPANY, sions of "The Companies Acts, 1863 to 1909," ACLTIMOIPTE1D91,2. to Supply with Gas or other Light the Towns of Wynnum and Manly and their Suburbs, and for other purposes. [ASSENTED TO 24TH OCTOBER, 1912.] W HEREAS a company, called the Wynnurn and Preamble. Manly Gas and Lighting Company, Limited, was, on the thirty-first October, one thousand nine hundred and eleven, incorporated and registered under the provisions of "The Companies AeIs,1863 to 1909," subject to the rules, regulations, and provisions contained in the Memorandum and Articles of Association of the said Company, for the purpose (amongst others) of manufacturing, selling, and supplying gas or electric or other light, heat, or motive power in the towns of Wynnum and Manly or elsewhere in. Queensland, and of carrying on the business of a gas or electric light, heat, and power works in all its branches, and for the purpose of doing all such acts and things as might be necessary for or incidental or conducive to the carrying out or attainment of all or any of the objects of * 27 Vic. No. 4 and amending Acts, supra, pages 186 et seq.

5722 COMPANIES. Treinnum and Manly Gas and 3 GEa. V., the said Company, and for the manufacture and sale or supply of gas, electric light, or other artificial light or heat, and for the purchase or sale of coal or of the coke or other residuum from the said manufacture, and all things usual and necessary in or about the carrying on the business of a gas or electric light company: And whereas by the said Memorandum and Articles of Association it is provided that the capital of the said Company shall consist of fifty thousand pounds, divided into fifty thousand shares of one pound each, but that the said capital may be increased by the creation of an additional number of shares in the manner therein mentioned: And whereas by the said Memorandum and Articles of Association provision has been made for the payment of dividends and for the disposal and application of profits, and also for the proper management and control of the affairs of the said Company: And whereas it would be of great advantage and conveni- ence if powers were given to the said Company effectually to supply the towns of Wynnum and Manly aforesaid and their suburbs with gas or other light and to erect all necessary works for that purpose, and for the proper attainment of the objects aforesaid it is necessary to obtain the authority of an Act of Parliament : Be it therefore enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows :- Power to 1. The Company are hereby empowered to enter upon gmaasn. u.facture and continue the manufacture of gas and such other materials as arise from the conversion and manufacture of the residuum occasioned by the production of gas, and the processes connected therewith, by means of any apparatus or other appliances, and by any process, art, or invention now or hereafter to be known or used, and from any substance that now is or may hereafter be used for such purposes, subject to the provisions and restrictions herein- after contained. Limited power to take and hold lands. 2. It shall be lawful for the Company, notwithstand- ing any statute or law to the contrary, and notwithstanding any clause or provision herein contained, to purchase, or acquire, take, hold, and enjoy to them and their successors, for any estate, term of years, or interest, such lands, build- ings, works,, mains, pipes, and apparatus as they may think reTiiiiSitelor any of the purposes of this Act.

C,OMPANIE$. 5728 1912. Lighting Company, Limited, Act. 3. It shall be lawful for any person or persons who Power to are otherwise competent to grant, bargain, sell, alien, and tootheexsons convey, assure and dispose of unto and to the use of the propertyYto Company and their successors for the purposes aforesaid, the Company. or any of them, any such lands, buildings, works, and other estate aforesaid. 4. It shall be lawful for the Company to sell and Power to dmisepnotss,euonfd, earndthbeyhdaneedds oorf dtheeeddsi, reincstotrrusmoefntht eorCionmstrpua-ndyi, ssI.panioii) des. . eno of us or a majority of them, and under the corporate seal of the Company, to grant and convey, transfer or assign, by way of absolute sale in fee-simple, or -for any less estate, for a valuable consideration, all or any part or parts of the said lands which shall have been so purchased or acquired, and which shall not be wanted for the purposes of this Act, and upon payment of the purchase money which shall arise on such sale or sales or of any part or parts thereof, it shall be lawful for the secretary for the tine being of the Company to assign and give a receipt or receipts for the money for which the same shall be sold, which receipt or receipts shall be a sufficient discharge or sufficient discharges to any person or persons for the moneys therein expressed to be received. 5. Nothing herein contained shall prejudice or be saving of deemed to prejudice any deposit or instalment due to, or er r der any contract or other act, deed, or thing entered into, made, contracts, &c. or done by the Company under or by virtue of their Memorandum and Articles of Association before this Act shall come into operation; but the same deposit, instal- ment, contract, act, deed, or thing shall be as due, valid, and effectual to all intents and purposes as if this Act had not been passed. ocrfeadni6tyo. rcNoovfoethnjueadnCgt,omjmuedpngat nmoyreoontrth,oeetrxhseepcreupcteiioarsnlo, ondr issshitmarelplslsbe, ycororenoatstrhoaencrtc fP p r er ro ro om tp t a e ei c rn t t i y on of process authorised by this Act or the Company's Articles execution. of Association or by or under any law, title, or pretence whatsoever, levy or seize in execution, or in any way attempt to recover the payment of any sum or sums of money due or payable to him from the Company, by taking or removing any of the pipes or lamps of the Company laid, placed, or running in, under, or through any street, lane, or bridge in Wynnum or Manly aforesaid or their suburbs, or in any building not being in the actual occupation of the Company.

5724 COMPANWS. Weinnum and Manly as and 3 GEO. V., Power for 7. All salaried officers of the Company shall be com- soaflfaicreiersdto petent to hold any share or shares, estate, or interest in the hold. shares. capital, stock, funds, or property thereof, either solely or jointly for themselves or in trust for any other person or persons. Authority to 8. It shall not be necessary to use the corporate seal udsisepoefnse with in respect of any of the ordinary business of the Company, corporate seal: and any person duly authorised and empowered under the corporate seal may, without such seal, execute any deed and do all other acts, matters, and things which may be required to be executed and done on behalf of the Company and in conformity with the provisions of this Act and of the Company's Articles of Association. Power to 9. In all cases in which by any Act of Parliament or soeffcirceetrasr,yo, r by any rule or order of the Supreme Court or any District agents to do Court now or hereafter to be in force in Queensland, the . certain things. plaintiff or defendant in any action, suit, or proceedings, or any creditor in any insolvent estate, or any person being a party to or interested, in any process or proceedings whatsoever, is or shall be authorised, empowered, or required to make any affidavit, or to sign or present any petition, or to do any other act, it shall be lawful for the secretary or other authorised officer or agent of the Com- pany (where the Company shall be such plaintiff, defend- ant, or creditor, or be a party to or otherwise interested in any process or proceedings whatsoever as aforesaid), for or on behalf of the Company, to make such affidavit, sign. or present any such petition, or do such other act as aforesaid. quality of A 10. The Company shall supply gas of such illurninat- gas. ing and heating power, purity, and pressure as may be from time to time prescribed by regulations made by the Governor in Council. Power to erect 11. It shall be lawful for the Company, and they are g&aes.o,mbreetaekr, hereby authorised and empowered, subject to the pro- up soil, visions and restrictions hereinafter contained, by their apnavdemmeantetsr,ials servants, agents, or workmen, and others, from time to of streets and time to erect, sink, cut, lay, place, and fix such retorts, bridges, gasometers, receivers, buildings, fixtures, engines, cisterns, machines, drains, sewers, watercourses, pipes, reservoirs, electric lines, and other apparatus, works, and devices of such construction and in such manner as the Company shall think necessary or proper for carrying the objects

1912. COMPANIES. Lighting Company, Limited, Act. 5725 and purposes of the Company and of this Act into execu- tion, and also, subject to the provisions and clauses herein- after mentioned, to break up the soil and pavements of and cut into and remove the materials of any streets, highways, roads, ways, lanes, bridges, passages, and other public places or any part of them, or either of them, and to erect posts, pillars, pilasters, lamp-irons, lamps, and Erect lamps. other apparatus in and upon the same streets, highways, roads, ways, lanes, bridges, passages, and other public places or any of them, or against any wall or walls erected on or adjoining to them or any of them, and to dig and sink trenches and drains, and to lay and place meters, mains, and pipes, and put and place stopcocks, syphons, Lay pipes. plugs, or branches from such pipes in, under, across, and along places, streets, ways, lanes, bridges, or public pas- sages, and also, with the consent of the owners or occupiers thereof, in, under, across, and along any private ways, buildings, passages, grounds, and other places in such manner as shall be necessary for the purpose of carrying this Act into execution, or supplying any such light as aforesaid, and from time to time to alter the position And alter of, and to repair, relay, and maintain such pipes, stop- them. cocks, syphons, and plugs, or branches or other necessary apparatus from any main or pipe laid in or upon any street, road, highway, lane, bridge, passage, or public or private place by the Company by virtue of this Act, into or through any dwelling-house or houses, manufactories, public or private buildings or grounds for the purpose of lighting the same, or any other public or private lamp or lamps from any such main or pipes, and to erect and set To erect up any machine or other apparatus necessary or requisiteapparatus. for securing to any dwelling-house or houses, manu- factories, public or private buildings a proper and com- petent supply of gas, or for measuring and ascertaining the extent of such supply, and also to alter and amend any bad or imperfect work which shall have been placed or any work which shall be injured or damaged in such dwelling-house or houses, manufactories, public or private buildings, and to do all such other acts, matters, and things as the Company shall from time to time think necessary and convenient for completing, amending, repairing, improving, supplying, and using the same, and for carrying into effect the purpose and meaning of this Act, provided a proper compensation be made for any damage done thereby.

.5726 COMPANIES. Kynnwrn and Manly Gas and 3 GEO. V., Power to .12. The directors of the Company shall have full einnstpeercatnpdipes, .power and authority either by themselves or their agents, lamps, and surveyor, or other officer appointed for that purpose, at all meters. reasonable times, and as often as they shall think neces- sary, to inspect and examine all pipes and lamps in any building and on any part of the same in the occupation or possession of any person with whom the Company shall at any time enter or have entered into any contract or agree- ment for the sale or supply of gas, and to repair and amend such pipes and lamps in all respects if necessary, and to take account of the number of cubic feet of gas consumed.. under all or any of such contracts or agreements as afore- said, and to compare the amount so ascertained to be consumed with the tenor and nature of the contract in relation to such supply and consumption, and to regulate the same in accordance therewith, and for any other lawful and reasonable purpose consistent with and relating to any contract entered into by the Company under the powers contained in their Articles of Association or in this Act. Power to 13. It shall be lawful for the directors of the Com- itfnoitstopintegcdsteranthde ipnasnpyecotr athnedirexdaumlyinauetahtoarilslerdeassuornvaebyloer toimr seesrvaannytsgatos breamdowvoarlko. f fpiutttinugpsboyr awnoyrpkesrwsohnicwhisthhawllhhoamvethbeeeCnommpadane,yesrheacltledh,avoer contracted for the supply of gas; and if such surveyor or other servant of the Company shall consider any such gas fittings or works to be incomplete or otherwise defective, the person so contracting with the Company, and having erected and put up such fittings or works, shall not be entitled to call on the Company for the fulfilment of any contract for the supply of gas until such fittings and such works shall have been amended and altered or removed, and other fittings and works substituted in lieu thereof, to the satisfaction of the surveyor or other officer of the Company inspecting the same. Power to 14. It shall be lawful for the Company to contract clsitogrnehtetritnnscgatnfdor wdiirtehcttihoen,LoorcmalaAnaugthemoreintyt oofr tpheerssotrneseths, avhiignhgwthaeysc,oonrtraonly, houses. of them within the limits of this Act, for supplying the same with gas, and also to contract with any person for supplying with gas any such person, or any streets, ways, lanes, bridges, or passages, manufactories, shops, ware- houses, pub-lie or private houses or buildings belonging to him or in which he is interested or over which he has the

COMPANIES. 5727 1912. Lighting Company, Limited, Act. direction or control, and also to contract with any person whomsoever for lighting or supplying with gas any shops, manufactories, warehouses, public or private buildings or places whatsoever within the limits of this Act, in such manner and under such stipulations as the Company shall think proper, consistent with the powers contained in their Articles of Association and in this Act. And provided always that if the charges which may be made by the Company under and by virtue of this Act for such supply of gas shall be found to produce a greater sum than ten pounds per annum for every one hundred pounds of the paid-up capital of the Company at the time of the passing of this Act and of such additional capital as may be subsequently bond fide subscribed and paid up, then and in such case the Company shall at their first meeting, after it shall have been ascertained that such. greater sum has been produced, reduce the said charges so as that the same shall not produce to the Company a greater rate of clear annual profits, divisible upon the subscribed and paid-up capital stock of the Company, than the said sum of ten pounds annually for every one hundred pounds of the said capital; and in order that the true state of the profits may be known, it shall be the duty of the directors of the Com- pany, so soon as the profits of the Company exceed ten pounds for ev.ery one hundred pounds for the year, to publish in the Gazette annually a full and true statement and account of the moneys received, disbursed, and expended by them; and every such sl atement and account shall be verified by the, secretary of the Company by solemn declaration, to be made before a justice of the peace: Provided that it shall not be compulsory on the Company to reduce the said charges before the sum of ten pounds per annum for every one hundred pounds of the said paid- up capital of the Company shall have been received by each shareholder in respect of his share or shares therein from the commencement of the Company. 15. It shall be lawful for the Company, and they are Power to lay hereby fully authorised and empowered, subject to the !),1! Z. ) .°;tie.71- regulations herein contained, from time to time to carry, from main. fit up, and furnish any pipes, cocks, or branches, or other necessary apparatus from any main pipes in any roadway, street, lane, bridge, or other public passage or place laid by or belonging to the Company, in or through any dwelling- house, manufactories, public or private buildings, for the purpose of lighting the same, or any public or private lamps, with the consent of the owner and occupier of such dwelling-houses, manufactories, public or private buildings.

5728 COMPANIES. Weinnwm and Manly Gas and 3 Go. V., Duty to give 16. It shall not be lawful for the Company to break nboretiackeinbgefuopre up or take up or remove any of the pavements, ground, or pavements, material in any road, street, lane, bridge, way, or other roads, &c. public passage or place for the purpose of laying down or repairing any main pipes, or of altering the position of any main pipes, unless notice, in writing, of their intention to break or take up such pavement, ground, or material, signed by the secretary or other authorised officer of the Company, and specifying the road, street, way, lane, bridge, or other public passage or place and the particular part thereof intended, to be broken, taken up, or removed, shall have been given to the town clerk or clerk of the munici- pality or division, within which the same shall be situated or shall have been left for him at his public office at least twenty-four hours before such pavement, ground, or material, or any part thereof shall be so broken or taken up, except in cases of emergency arising from defects in any of the pipes or in any other case of great emergency, when such notice shall be given as soon as possible after such pavement, ground, or material or any part thereof shall be broken or taken up. Except in case of emergency as aforesaid, the Company shall only break up or take up or remove any of the pavements, ground, or material in any road, street, lane, bridge, way, or other public passage or place for the purposes aforesaid or any of them on such days and at such times as the person having control, direction, or superintendence of such pavement, ground, or material shall from time to time reasonably direct. Duty to relay 17. When and so often as the Company shall have pavements lawfully broken up or removed the stones, ground, soil, obrrorkoeandsup. pavement, or material in or of any road, street, way, lane, bridge, or other public passage or place or any part thereof, the Company shall and they are hereby required immedi- ately thereafter to reinstate and make good such ground, soil, pavement, or material to the satisfaction of the said persons having the control, direction, or superintendence of such pavement, soil, ground, or material respectively; and the Company shall carry or cause to be carried away all the surplus earth, filth, and rubbish occasioned thereby at their own costs and charges; and during the time that such works are carrying on, and until such ground, soil, pavement, or material is reinstated as aforesaid, the Company shall provide necessary lights at night and otherwise guard the said works so as to prevent any damage or inconvenience happening to passengers, cattle,

1912. COMPANIES. Lighting Company, Limited, Act. 5729 or carriages; and in case the Company shall make default in reinstating such ground, soil, pavement, or material as aforesaid, or removing any rubbish occasioned thereby, or in placing or setting up such lights at night, and otherwise guarding the said works so as to prevent accidents to passengers, cattle, and carriages, then and in every such case it shall be lawful for the said persons having such control, direction, or superintendence as aforesaid to rein- state sueh ground, soil, pavement, and material, and carry away all rubbish occasioned thereby, and sduring the time that such works are carried on to provide necessary lights at night; and the expenses thereof shall be repaid by the Company to the persons so reinstating the same, and in default of payment thereof within twenty-eight days next after demand thereof, in writing, shall have been made-by such persons as aforesaid (proof being made thereof by the oath of one credible witness before one or more justices of the peace), all such sums of money so paid, together with any sum not exceeding twenty shillings by way of penalty, shall and may be levied and recovered for the use of such persons by distress and sale of the goods and chattels of the Company, except as hereinbefore provided, together with the charges of such distress and sale, by warrant under the hand or hands of any such justice or justices who is and are hereby empowered to grant the same. 18. If the Local Authority or other person having Duty of Local sthtreeectosn, twroaly, sd, irlaencteiso,nb, roidrgseusp, earnindteonthdeerncpeubolficthpeassasaidgersoaadnsd, s A gt u irv th ee o et r s i e t .v y e s to of places respectively, shall have taken or shall take any permanent levels of the said roads, streets, ways, lanes, bridges, and other public passages and places respectively, or any of them, the said Local Authority or other person, as the case may be, shall from time to time supply full information to the Company respecting the permanent levels. so taken of the said roads, streets, ways, lanes, bridges, and other public passages and places, or any of them, within fourteen days next after they shall have received notice from the Company so to do: Provided that the Local Authority shall not be compelled to take or give to the Company any permanent levels of any roads, streets, ways, lanes, bridges, or other public passages and• places within the areas comprised in the towns of Wynnum and Manly other than those already taken in conformity with the Local Authorities Act.

5730 COMPANIES. Wvnnum and Manly Gas and 3 GEO. IT., Liability of 19. Provided always that if by raising, sinking or LAouctalilority to altering any of the said main pipes, cocks, syphons, plugs, alie good or branches of the Company any damage or injury shall dam'ages• be negbently or wilfully done to the same by the Local Authority or its servants or such other person as aforesaid, then and in such case such damage or injury shall be made good to the Company, and the costs, charges, and expenses thereof shall be made good to them on demand by the Local Authority or other person aforesaid, and recovered in the same manner as any penalty inflicted hereby not specially provided for is to be recovered under this Act. prohibition 20. No person shall lay any pipe to communicate aaaingsot fhe with any pipe belonging to the Company without the pipes of consent in writing first had and obtained of the secretary c bo o n rn vi , it o h i o a u - t or surveyor of the Company or other person duly authorised t!-e consent of for such purpose by the Company, nor use burners of the C„mpany. larger dimensions or in any other manner than lie shall contract to pay for, or supply any other person with any part of such gas on pain of forfeiting and paying to the Company the sum of forty shillings per day for every day such pipes shall so remain, or such excess be committed, or such supply be furnished, to be recovered or levied in such manner as other penalties and forfeitures by this Act imposed are directed to be levied and recovered. Snti-faPtion 21. If any person shall wilfully, maliciously, or f p o ip r e d s a , ma e g . ing negligently do or cause to be done or committed any injury or damage to any of the mains or service pipes of the Company either by removing or disturbing the ground, soil, or material whereon or wherein the same is laid or placed, or by the compression or subsequent settlinc, or lowering of the same at any time or times afterwards, or by any other means whatsoever, or if any person whom- soever shall wilfully ind maliciously remove,. destroy, damage, or injure any or any part of any pipe, post, plug, lamp, or apparatus, matter, or thing belonging to the Com- pany, or shall wilfully or maliciously waste or improperly use any of the inflammable air or gas supplied by the Company, or shall alter, exchange, or remove the burners belonging to the Company from the pipes of supply, every person so offending in any of the respective premises, and being thereof lawfully convicted before. one or more justice or .justices of the pace, shall, for every separate act or offence, forfeit and pay to the Company any sum not exceeding five pounds and three times the amount of damages done as the same shall be ascertained by such

COMPANIES. 5731 1912. Lighting Company, Limited, Act. justice or justices; such penalty and damage to be recovered and levied in such manner as other penalties and forfeitures by this Act imposed are directed to be levied and recovered. 22. If any person shall carelessly or accidentally Satisfootion break, destroy, throw down, damage, or injure any lamp [ I la c n e . i . d entaA hung out, set up, or belonging to the Company or by any himpie ° person at his private expense, or any part of any pipe, pillar, pedestal, lamp-post, lamp-iron, plug, or other apparttus, matter, or thing set up by or belonging to the Company, or belonging to any person and set up by him at his private expense, or carelessly or accidentally waste any of the inflammable air or gas supplied by the Com- pany, or keep the light or lights burning for a longer time than he shall contract to pay for, and shall not upon any demand by the Company, or by their board of irectors or their secretary or superintendent or other person authorised by them, make satisfaction for the damage done for the excess of gas so wasted or used, or keeping the lights burning longer than he shall lave contracted for as afore- said, then and in every such case it shall and may be lawful to and for any one or more justice or justices of the peace, and he and they is and are hereby empowered and required upon complaint to him or them made, to summon be' ore him or them the party against whom such complaint shall be preferred, and upon hearing the allegations and proof on both sides, or on non-appearince of the party com- plained against, to proceed px pane, and to award such sum of • money by way of satisfaction to the Company or to such other person (as the case may require) For such damage or excess or waste as such justice or justices shall think reasonable, not exc.eding the sum of ten pounds, to be recovered and levied in such manner as other penalties and forfeitures by this Act imposed are directed to be levied and recovered. 23. When any gas shall be found to escape from any Duty to of the pipes which shall be lai clown in any market, street, square, lane, public passage, or place within the'' gas' limits of this A ct, the Company or the person, being the owner of such pire, so laying down or causieg the same to be laid in any such market, street, square, lane, public passage, or place shall, immediately after notice of such escape of gas shall be given to them or him, in writing, from any inhabit'Int within the said limits, cause the most speedy and effectual measures to be taken to stop and

5732 COMPANIES. Kynnwm, and Manly Gas and 3 Go. V., prevent such gas from escaping; and in case the Company or such person as aforesaid shall not within forty-eight hours next after such notice given effectually stop and prevent any future escapes, and wholly remove the cause of complaint, then and in every such case the Company or person as aforesaid shall, for every such offence, forfeit and pay any sum not exceeding five pounds for each clay after the expiration of forty-eight hours from the time of giving such notice during which the gas shall be suffered to escape as aforesaid, which penalties shall from time to time be recovered and levied in such manner as other penalties and forfeitures by this Act imposed are directed to be levied and recovered. cpDoruentvtyaemntot.ina.tion herea 2 f 4 te . r Wbehseunpepvlieerd tfhoer twheatuesrewohf itchhe minhaaybaittaanntsyotfimthee of water by towns of Wynnum and Manly or their suburbs shall company. be contaminated or affected by gas of the Company, and the Company shall not, within forty-eight hours next after notice thereof, in writing (signed by any person con- suming the said water), being given to the Company, by being left at the office or usual place of business of the Company, effectually stop and prevent gas from so escaping, and prevent all and every such contamination whereof notice shall be given as aforesaid, then and in every such case the Company shall, on each and every complaint whereof notice shall be given as aforesaid, forfeit and pay to the proprietors for the time being of waterworks from which such water shall be supplied any sum not exceeding the sum of ten pounds for each and every day during which the water shall be or remain contaminated or affected by the gas of the Company; and such penalties shall and. may be recovered and levied in such manner as the penalties and forfeitures by this Act imposed. are directed to be levied and recovered. Power to 25. In case a question shall arise upon such com- wowatneerrwsoorfks plaint as aforesaid, whether the water be contaminated or to dig streels affected by the gas of the Company, it shall be lawful to tahnedpTipuensionfe and for the proprietors or persons supplying water as the Company. aforesaid, or any person duly authorised by them in. that behalf, to dig to and about and search and examine the mains, pipes, conduits, and apparatus of the Company for the purpose of ascertaining whether such contamination proceed from or be occasioned by the gas of the Company; and if it shall appear that the said water has been con- taminated by any escape of gas of the Company, the cost

COMPANIES. . 5733 1912. Lighting Company, Limited, Act. and expenses of such diggings, search, examination, and repair of the ground and pavement of the street which shall be taken up and disturbed shall be borne and paid by the Company, which costs and expenses shall be ascertained and determined (if necessary) by such justice or justices of the peace as aforesaid, and be recovered in like manner as any penalty may be recovered by virtue of this Act: Provided always that if upon such examination it shall appear that such contamination has not arisen from any such escape of gas from any of the mains, pipes, or con- duits of the Company, then and in every such case the proprietors or owners of such waterworks, as the case may be, shall bear and pay all expenses of such examination, repair and search, and also shall make good to the Com- pany any injury, loss, or damage which may be occasioned by the said mains, pipes, conduits, or apparatus of the Company (if any) and by such search and examination, and also to the ground and pavements of the streets so broken or disturbed in such search or examination. The amount of such injury, loss, or damage shall be ascertained and determined (if necessary) by such justice or justices of the peace as aforesaid, and be recoverable in like manner as any penalty may be recovered by virtue of this Act. 26. In case any person who shall contract with the Remedy for Company, or agree to take or shall use and. enjoy gas recovery of either in private dwellings, shops, inns, taverns, or other ren buildings or manufactories, grounds, or premises, or other- wise, shall refuse or neglect, for the space of seven days alter demand, to pay the sum of money then due for the same to the Company according to the terms and stipula- tions of the respective persons with the Company, it shall be lawful for the Company in addition, and without preju- dice to any right of action of the Company for the recovery of such inone s, to cut off and take away the supply of gas from the house, inn, tavern, shop, manufactory, ware- house, or other buildings, premises, or places of every such person making default in payment of such sum of money to the Company for the space of seven days after such demand as aforesaid, and thenceforth to discontinue the supply of gas to such person. In addition to its other remedies (if any) for the recovery of any sum so due, the Company may recover the same by action in any court of competent jurisdiction.

.5734 COMPANIES. Wynnum and Manly Gas and 3 Go. V., Penalty for 27. If any person shall wantonly or maliciously C n O te IT rr I u pa p n t y i ' n s g hinder or interrupt the Company or their respective workmen, agents, workmen, or servants, or any of them in lawfully doing or performing any of the works or in exercise of any of the powers and authorities by this Act granted, or shall in anywise cause or procure such interruption to take place, and shall be thereof convicted before any such justice or justices of the peace as aforesaid, either on evidence or on confession, every such person so offending shall for every such offence forfeit and pay to the Treasurer for the time being for the public use of the said State and the support of the Government thereof such sum or sums of money as shall be adjudged by such justice or justices not exceeding five pounds, and. also the full amount of the damage which shall be sustained by such hindrance or interruption, and such sum or sums of money so adjudged and damage shall be recovered in like manner as any penalty or forfeiture can or may by this Act be recovered, or the Company may at their Own. option sue .for the damage sustained by them through such hindrance or interruption. Method nf 28. Where by this Act any damages or charges are determining directed or authorised to be paid or recovered in addition admamouangtesofand to any penalty for any offence in this Act mentioned, the charges in amount of such damagrs or charges in case of any dispute dcaisspeuotfe. respecting the same shall be settled, ascertained, and determined by the justice or justices of the peace by or before whom any offender shall be convicted of any offence; and such justice or justices are hereby authorised, upon nonpayment thereof, to levy such damages and charges by distress and sale of the offender's goods and chattels in manner directed by this Act for the levying of any penalties and forfeiture. iVlethod of '29. When and so often as any sum of money shall exact ing be directed or ordered by any justice or justices of the pcoamymp,ennstaotifon peace in pursuance of this Act to be paid by the Company or dam ages as or by way of compensation or satisfaction for any Cpaoymabplaenbyy. the material or costs, or for any damage, spoil, or injury of any nature or kind whatsoever done or committed by the Company, or by any person acting by or under their authority, and such sum of money shall not be paid by the Company to the party or person entitled to receive the same within ten da).s after demand, in writing, shall have been made upon the Company or their Secretary in pur- suance of the direction or order made by such justice or

COMPANWS. 5735 1912. Lighting Company, Limited, Act. justices and in which demand the order of such justice or justices shall be stated, then and in such cases the amount of such compensation or satisfaction shall and mat' be levied and recovered by action at law against the Com- pany, or by distress and sale of the goods and chattels vested in the Company by virtue of this Act, excrpt as hereinbefore provided, under a warrant to be issued for that purpose by such justice or justices, which warrant any such justice or justices is and are hereby authorised. and required to grant, under his hand and seal or their hands and seals, on application made to him or them for that purpose by the party entitled to receive such sum of money as by way of compensation or satisfaction for any such material, costs, damages, spoil, or injury as afore,aid ; and in case any overplus shall remain after payment of such sum of money and the costs and expenses of hearing and determining the matter in dispute, and also the costs and expenses of such distress and sale, then and in such case such overplus shall be returned on demand to the Company. 30. All fines, penalties, and forfeitures for all and Recovery and every offence in this Act mentioned, or by any rule, order, appeit t ta i ietc!on of or by-law inflicted or imposed, in relation to which the manner of convicting the offender or of applying the penalties is not particularly mentioned or directed, or which shall be inflicted or imposed by any rule, order, or by-law to be made under the authority of this Act, shall, in case of nonpayment thereof, be adjudged by and be recovered before any justice or justices of the peace for the State of Queensland in a summary way; and in default of payment of such fines, penalties, or forfeiiures, the same shall be levied by distress and sale of the offender's goods and chattels, or of the goods and chattels of the. Company, except as hereinbefore provided, if they shall offend and be convicted as aforesaid or of any offence in this Act mentioned, by warrant under the hand and seal, or hands and seals, of such justice or justices. The whole of the fines, penalties, and forfeitures, when re- covered after rendering the oVerplus (if any) on demand to the party or parties whose goods and chattels shall be so distrained (the reasonable charges of such distress and sale being first deducted), shall be . paid to the Treasurer for the time being for the public uses of the said State and the support of the Government thereof; and in case such sufficient distress cannot be found, and such fines,

5736 • COMPANIES. Wynnvol and Manly Gas and 3 GEO. V., penalties, and forfeitures shall not be forthwith paid upon such conviction by any person offending and convicted, then it shall be lawful for such justice or justices to order the offender so convicted to be retained in safe custody until return can be conveniently made to such warrant of distress unless the offender shall give security to the satisfaction of such justice or justices for his appearance before him or them on such day as shall be appointed for the return of such warrant of distress, such day not being more than five days from the time of taking any such security, and which security the said justice or justices is hereby empowered to take by way of recognisance or otherwise; but if upon the return of such warrant it shall appear that no sufficient distress can be had thereupon, or in case it shall appear to the satisfaction of any justice or justices, either by the confession of the offender or offenders or otherwise, that he has not sufficient goods and chattels whereon such fines, penalties, forfeitures, costs, .and charges can be levied if a warrant of distress were issued, such justice or justices shall not be required to issue such warrant of distress; and thereupon it shall be lawful for any such justice or justices of the peace, and he and they is and are hereby authorised and required, by warrant, under his hand and seal, or their hands and seals, to commit such offender to the nearest house of correction or common gaol for any period of time not exceeding three calendar months. Form of conviction. 31. And for the more easy conviction of offenders against this Act a conviction in the form or to the effect following shall be good without alleging more than the substance of the offence, that is to say,— Queensland) Be it remembered that on the day of to wit. ) One thousand hundred and is [or are] convicted by me [or us], of His Majesty's Justices of the Peace for the State of Queensland, by virtue of " The W:ynnum and Manly Gas and Lighting Conzpany, Limited, Act of 1912," for [specifying the offence and the time and place where the same was committed] contrary to the said Act, and for which I [or we] adjudged the said to have forfeited the sum of £ Given under my hand and seal [or our hands and seals] the day and year first above- written. Penalty for 32. If any person who shall be summoned as a witness arettfeunsidngasto to attend and give evidence before any justice or justices of witness. the peace touching any matter of fact contained in and information or complaint for any offence committey against this Act, either on the part of the prosecutor or

COMPANIES. 5737 1912. Lighting Company, Limited, Act. on behalf of the person accused, shall refuse or neglect to appear at the time and place to be for that purpose appointed, after having been paid or tendered a reasonable sum for his loss of time, charges, and expenses, without a reasonable excuse for his refusal. or neglect, or appearing shall refuse to be examined upon oath and give evidence before such justice or justices of the peace, then and in every such case every such person shall forfeit and pay for every such offence any sum not exceeding five pounds. 33. Any person whomsoever thinking himself ag- Appeal to the gjursietivceeds obfyththeepoeradceerinorpduerstueramncienaotfiothnisofAacnt ymjauystaipcpeeoarl JDuidstgreictot f the to the District Court of Queensland to be holden at Court. Brisbane in the said State. 34. It shall not be lawful for the said Company to Refusal of refuse to supply gas to any person to whom it shall supply Compy to gas on the ground alone that such person is using or sup" gas. contemplating the use of any other method of lighting in substitution for or in combination with gas. If any person to whom the Company has refused to supply gas shall allege that the true reason for such refusal is that such person is using or contemplating the use of any other method of lighting in substitution for or in combination with gas, any such person may make complaint thereof before any justice of the peace, who may issue a summons to the Company to appear before any two or more justices of the peace, who shall inquire into the matter of such complaint, and if such justices are of opinion that the true reason for such refusal of the Company is that such person is using or is contemplating the use of any other method of lighting in substitution for or in combination with gas, such justices may make an order upon the Company to supply and continue to supply such persons with gas until just cause to refuse to supply such persons with gas shall arise. In case the said Company shall neglect or refuse to comply with such order of such justices, the said Company shall be liable to a penalty of five pounds per day- whilst such neglect or refusal shall continue, which penalty ,may be rebovered in a summary way before two justices. 35. No person whomsoever shall be subject or liable Time within to any of the penalties or forfeitures inflicted by this Act w) hic e h h e din for any offence against this Act, unless an action shall m i u r :sst 4 be ge have been brought, or information or complaint respecting taken'

738 COMPANIES. Wynnum and Manly Gas and 3 Ggo. V., such offence or offences shall have been lodged, before some justices of the peace within three calendar months next after such offence shall have been committed. No certiorari. 36. No proceedings to be had and taken by virtue of this Act or in pursuance thereof shall be removed by certiorari or any other writ or process whatsoever into His Majesty's Supreme Court of Queensland. Provision in 37. When any distress shall be made for any sum of cirarseegouflar money to be levied under the authority of this Act or any distress. by-law made in pursuance thereof, the distress itself shall not be deemed unlawful, nor shall the party making the same be deemed a trespasser on account of any defect or want of form in the information, summons, conviction, warrant, or distress, or any other proceedings relating thereto, nor shall the party distraining be deemed a trespasser, ab initio, on account of any subsequent irregu- larity which shall be afterwards done by the party distrain- ing, but the persen aggrieved by such irregularity shall and may recover full satisfaction for any special damage by action. Prohibition of 38. If the Company shall supply gas or electricity to differential any person they shall so supply the same to him on the rates, same terms to which any other person is entitled under similar circumstances to a corresponding supply. Power for the 39. At any time after the expiration- of fifteen years S of h W ire y ° n"nunmeil from the passing of this Act the Council of the Shire of to purchase Wynnum may purchase and take from the Company the u c n o d m ena p k a in n g y's whole of the lands, buildings, works, mains, pipes, and. after fifteen apparatus of the Company on such terms as to ascertain- years. ment of the purchase money as may be from time to time prescribed by Parliament. Power for Company to supply electricity.' 40. Subject to the provisions of "The Electric Light and Power Act, 1896," and any amendment thereof, and to the obtaining thereunder of an. Order in Council, the Company may and they are hereby authorised and era:- powered to supply electricity for any public or private purposes within the area comprised in the towns of Wynnum and Manly and their suburbs: Provided that the obtaining of such Order in Council shall not be deemed to confer on the Company the exclusive right of supplying electricity for such purposes within the said area. The * 60 Vie. No. 21, supra, page 702.

COMPANIES. 5739 1912. Lighting Comyany, Limited, Act. third paragraph of section one hundred and forty-nine of "The Local Authorities Act of 1902 " is (so far as it relates to the said area) hereby repealed. the a4p1p.lyAinlgl tfhoer,coosbttsa, icnhinagrg, easn, danpdasesxipnegnsoefsthatitsenAdcitngshPaallym7bst1eaginn. ! t o t f his be paid and discharged by the Company out of the moneys Act before all already subscribed or to be received for the purpose of this other claims. Act in preference to all other payments whatsoever. 42. Nothing in this Act contained shall be deemed Saving of to affect or apply to any right, title, or interest of His rtiaTstto: r Majesty, his heirs and successors, or of the body corporate herein and politic known by the name, style, and title of the mentioned. Shire of Wynnum, of any body or bodies politic or cor- porate whomsoever, or of any other person or persons, excepting such as are "mentioned herein, or of those claiming by or under him, it, or them. 43. The Company shall commence operations within Commence- ysiexarms oanndthssixafmteorntthhes pfraosmsinthgeopfatshsiisngAocft, tahnisdAwcitthshinaltlwboe ompeenrtatoiof ns. ready to supply gas; and on their failing so to d, the concessions herein granted shall be forfeited. /14. In this Act, unless the context of herwise Interpret a- cates, the following terms have and include the meaning tion• set against the same respectively, that is to say :— "Building"—Any place of public worship or public amusement, or any public institution, public or private office, manufactory, house, shop, dwelling, inn, tavern, or other building what- soever, or any court, garden, or yard; "Company" or "The Company"—The Wynnum and Manly Gas and Lighting Company, Limited, their successors and assigns; "Corporation of the Shire of Wynnum"—The chairman, councillors, and citizens of the Shire of Wynnum or the municipal authority repre- senting the citizens thereof or exercising for the time being municipal authority therein; " Electricity"—Any kind of electricity, electric current, electric light, or any like agency; "Ground "—Any ground, stones, soil, pavement, or material, or the roadway of any street; * 2 Edw. VII. No. 19, supra, page 1860.

5740 COMPANIES. Wynnum and Manly Gas, &c., Act. 3 GEO. V., 1912. Short, title. Justice" or " Justices"—Any justice or justices of the peace for the State of Queensland or any justice or justices of the peace having jurisdiction in the municipal or other district, in question; "Lamp"—Any lamp, whether on a post or affixed to any building, lamp-post, pillar, pilaster, wall, or lamp-iron ; "Local Authority"—The Municipality or Divisional Board having jurisdiction over the street or place in question; "Pipe".—Any main, main pipe, supply pipe, stopcock, water-cock, syphon, plug, branch, apparatus, or conduit; "Private Purposes "—Any purpose whatsoever to which gas or electricity may for the time being be applicable, not being public purposes as herein defined; "Private Way"—Any private way, lane, building, passage, or private grounds; "Public Purposes"-1 he lighting with gas or electricity any street or any place belonging to or subject to the control of any Local Authority, or any church or registered p'ace of worship, or any hall or building belonging to or subject to the control of any Public Authority, or any public theatre; "Street "—Any public street, market place, square, crescent, highway, roadway, lane, bridge, passage or other place. 45. This Act shall be styled and may be cited as "The Wynnunz and Manly Gas and Lighting Company, Limited, Act of 1912." EVANGELICAL LUTHERAN CHURCH. See RELIGION. EXHIBITION LANDS. See PARKS AND PUBLIC LAND. GAS COMPANY. See COMPANIES. • LIGHTING COMPANY. See COMPANIES.