Broken Hill Water Supply Act 54 Vic (NSW)

o4 54' VIC. 1890. ~ Broken Hill Water Supply. wees An Act to enable the " Barrier Ranges and —_ Broken Hill Water Supply Company (Limited)" to establish a system of Water Supply within the District of Broken Hill and Silverton, and to confer upon the said Company certain powers and authorities. [17th December, 1890.] Preamble, VA 7TIEREAS it is expedient that the District of Broken Hill and Silverton should be provided with an adequate supply of water. And whereas a Company, undcr the name and style of the "Barrier Ranges and Broken Hill Water Supply Company (Limited)," has been formed for the purpose of establishing works to afford such a supply. Be it therefore enacted by the Queen' s Most Excellent Majesty, by and with the advice and consent of the Legisla- tive Council and Legislative Assembly of New South Wales in Parliament assembled, and by the authority of the same, as follows :— Short title. 1. This Act may be cited as the " Broken Ilill Water Supply Act." Its provisions being arranged under Four Parts, embracing the following subjects— PART I.—Preliminary. PART IL— Provisions as to water supply. PART IIl.—The acquisition and occupation by the Company of lands for purposes of water supply—ascerlainment of compen- sation in respect thereof. PART IV.— Miscellaneous provisions—Legal procedure. Interpretation of terms. And in the construction of this Act the following words and expres- sions in inverted commas shall, unless there be something in the context repugnant thereto or inconsistent therewith, bear the meanings and include the persons or things hereby respectiv cly set against such words and expressions, that is to say :— "Central Authority'—The Minister for Public Works or the Minister charged with the administration of this Act. " Company "—'The said * Barricr Ranges and Broken Hill Water Supply Company (Limitcd)," its "representatives or assigns, owners for the time being of the Broken Hill Waterworks. "Conduit" —The canals, tunnels, aqueducts, cuttings, or pipes, by means of which the water is supplicd. "Crown Lands'"—Lands within the meaning of the "Crown Lands Act of 1884" and any Acts amending the same. " District''— All the districts which are now included within the District of Broken Hill and Silverton, and within the area as described in the First Schedule hereto. " Governor'"—The Governor, with the advice of the Executive Council. ace, * Owner'— Any person who is in the receipt of the rents and profits of any house, manufactory, or buildings of whatsoever kind, or of any land within the District. " Street?" — 1890. of? VIC. Broken Hill Water Supply. "Strect"'— Any square, court, alley, highway, railway, tramway, lane, road, thoroughfare or other passage, footpath, or place, whether public or private, within the District. "Water District"—The area within which water is authorized to be supplied to the inhabitants of the District. PART I. Preliminary. 2. Before the Company shall put into foree any of the pro- visions contained in this Act with respect to the acquisition of land otherwise than by agreement, the following conditions and provisions shall be observed :— (1) The Company shall publish once at the least in each of three (x1) consecutive weeks in some local newspaper circulating in the District, a notice describing shortly the nature of the undertaking in respect of which it is proposed to take any lands, naming the Broken Hill Court-house as the place where a plan of the proposed undertaking may be seen at all reasonable hours, and stating the quantity of lands required, The Company shall serve a printed or written notice on every owner or reputed owner, lessee or reputed lessee, and occupier of such lands, defining in cach case the particular lands intended to be taken, and requiring an answer to be given within thirty days, stating whether the person so served assents, dissents, or is neutral, in respect of taking such lands. (411) On compliance with the provisions of this section with respect to notices, the Company may, if it thinks fit, present a petition to the Governor, and such petition shall state the lands intended to he taken, and the purposes for which they are required, and the names of the owners, lessces, and occupiers of lands who have assented, dissented, or are neutral, in respect to the taking such lands, or who have returned no answer to the notice. And it shall pray that the Company may, with referenee to such lands, he allowed to put in force the powers contained in Part ITD of this Act with respect to the acquisition of lands otherwise than by agreement, and such prayer shall be supported by such evidence as the Governor may require. (tv) On the receipt of such petition, and on due proof of the proper notices having heen published and served, the Governor shall take such petition into consideration, and may cither dismiss the same or direct a local inquiry, at the cost of the Company, as to the propriety of assenting to the prayer of such petition, but until such inquiry has been made no provisional order shall be made affecting any lands without the consent of the owners, lessees, and occupiers thereof. (v) After the completion of such inquiry the Governor may, by provisional order, empower the Company to put in force with reference to the lands referred to in such order, the powers of the said Part, with respect to the acquisition of lands, otherwise than by agreement or any of them, and either absolutely Conditions prior to acquisition of lands. Authority to construct water- works, Penalty for obstruct- ing construction of works, 54° VIC. 1890. Broken Hill Water Supply. absolutely or with such conditions and modifications as the Governor may think fit; and it shall be the duty of the Company to serve a copy of any order so made in the manner and on the person in which and on whom notices in respect of such lands are required to be served. PART II. Procisions as to Water Supply. 3. Subject to the provisions of this Act, and within the srca as described in the First Schedule hereto, the Company may, subject. to the approval of the Governor, exercise any of the powers in this Part contained for the construction of water-works for the supply of water to the Municipal District of Broken Tlill, and to any Municipal District or Borough which may be established within or partly within the boundaries of the catehment areca as defined in the First Schedule, and for the purpose of carrying out the provisions of this Act the Com- pany may (1) Enter upon any lands and take levels of the same, and sct out such parts thereof as it shall think necessary. (11) Enter upon, take, and hold such land, after having paid, as hereinafter provided, the owners thereof compensation for the same as it may from time to time deem necessary for the construction and maintainance of any of the works authorized by this Act, or for obtaining or enlarging the supply of water, or for improving the quality thercof for the purposes of this Act. (111) Under such superintendence, and subject to such consent, as are hereinafter specified enter upon any Crown or private lands, streets, roads, or thoroughfares, and lay or place therein any pipes, and may repair, alter, or cut off, or remove the same, and under such superintendence, and subject to such consent as aforesaid, may enter upon any such lands, streets, roads, or thoroughfares, for the purpose of repairing any water- courses, or other works, being its property or under its control. Provided always that in the exercise of any of the powers hereby conferred, the Company shall inflict as little damage as may he, and in all cases where it can be done, shall provide other watering-places, drains, and channels, for the use of adjoining lands in place of any taken away or interrupted by it, and shall make full compensation to all parties interested, for all damage sustained by them through the exercise of such powers, It shall 'not be lawful for the Company to exercise any of the powers conferred upon it by this Act until the plans or scheme for the proposed work shall have been first approved by the Governor, and such approval duly notified in the Gazelle. Provided also that nothing in this Act contained shall prejudice or affect the rights and privileges of any Municipal District or Borough now or hereafter to be established within the area deseribed in the First Schedule hereto. 4. Every person who shall wilfully obstruct any person acting under the author ity of the Company in setting out the line of any works undertaken 'under the authority of this Part, or pull up, or remove, any poles or stakes driven into the ground for the purpose of setting out 'the line of such works, or alter the position of any level, or destroy or injure any works so undertaken as aforesaid, shall incur a penalty not exceeding ten pounds for every such offence. 5. 1890. 54 VIC. 37 Broken Hill Water Supply. 5. If any person unlawfully and maliciously destroy or damage, Penalty for destroy: or attempt to destroy or damage, any reservoir, dam, tank, tunnel, ig vor watercourse, drain, sluice, main, pipe, aqueduct, bridge, road, way, or engine, or any other part whatever of the works of the Company, every such offender shall be guilty of felony, and shall be liable to be imprisoned for any term not exceeding ten years. 6. Subject to the provisions of this Act the Company may Power to open open and break up the soil and pavement of the several streets and bridges within the limits of the district, and may open and break up any sewers, drains, or tunnels within or under such streets and bridges, and lay down and place within the same limits, pipes, conduits, service pipes, and other works and engines, and from time to time repair, alter, or remove the same, and for the purposes aforesaid remove and use all earth and materials in and under such streets and bridges, and do all other acts which the Company shall from time to time deem necessary for supplying water to the inhabitants of the district included within the said limits. Before the Notice to be given Company proceed to open or break up any pavement, street, road, tre broken tne? sewer, drain, or tunnel, or to interfere with, divert, or alter any pipe not their own, or any wire used for transmission of electricity, bridge, or culvert, they shall give to the local authority under whose manage- ment or control the same may he, and, in the case of a pipe or wire, to the owners thereof, or their local representative, notice in writing of their intention to open and break up, or otherwise to interfere with the same, not less than seven clear days before beginning the work, except in cases of emergency, arising from accidents to, or defects in, the pipes, or other works, the property of the Company, and then so soon as is possible after the necessity for the work shall have arisen. 7. When the Company shall open or break up the road, path, Reinstatement of or pavement of any strect or bridgc, or any sewer, drain, or tunnel, reels: culyert-pipe wire, it shall with all convenient speed complete the work for which the same shall be broken up, and fill in the ground and reinstate and make good to the satisfaction of the local authority or its officer the road, path, or pavement of the sewer, drain, tunnel, culvert-wire, or pipe, so opened or broken up, and earry away the rubbish occasioned thereby. And shall at all times whilst any such road or pavement shall be so open or broken up cause the same to be feneed and guarded, and shall cause light sufficient for the warning of passengers to be sct up and kept there for every night during which such road or pavement shall be continued open or broken up. No such Streets, &., to be pavement, strect, road, sewer, drain, tunnel, pipe, wire, bridge, or nein ander culvert, shall be opened, broken up, or interfered with, except in cases local authority. of emergency, as aforesaid, and execpt as hereinafter provided, exeept under the superintendence of the local authority having the control thereof, or its officer; and according to such plan as shall be approved of hy the local authority, the Company shall make such temporary or other works as may be necessary for guarding against any interruption of the drainage traffic, access, or other public right and convenience during the continuance of the operations. And in the case of interference with any pipe, not the property of the Company, or any wire used for the transmission of electricity, the owners of which may intimate their desire to have the work, temporarily or permanently, of severing, altering, or restoring their pipes or wires, effected by their own employees, or with their own material, the Company shall afford every facility to such employees, and shall accept and use such material, paying to such owners the actual reasonable cost of labour and material disbursed by such owners, and in default of the Company making such payment when called upon so to do, the owners aforesaid shall be entitled to recover the amount due by summary process in accordance with the provisions of this Act. 8. Temporary diversion of water. Agreements to supply water, Company not liable for accidental failure to supply water. Company may let: metera. Meters of Company not distrainable. Meter to be supplied and maintained hy consumer. 54° VIC. 1890. Broken Hill Water Supply. 8. For the purposes of this Act, and subject to the approval of the Governor, the Company may, from time to time, after the expira- tion of thirty days notice in some newspaper published and circulated in the District of Broken Hill of their intention to apply for the powers hereinafter in this section contained, divert or alter temporarily any part of the course of any creeks, watercourses, roads, streets, or ways, in order the more conveniently to exercise any of the powers conferred upon the Company ; but shall first provide sufficient substitutes for any ereck, watercourse, road, street, or way, while so interfered with, and shall maintain the same during such time at their own expense in good order. For the purposes of this Act,and subject to the approval aforesaid, the Company may construct weirs and dams in any creck or water- course, cut drains and deliver into or take water from, and embank, widen, or deepen any creek, watercourse, lagoon, or swamp within the catchment area of Stephen's Creck, as defined in First Schedule, pro- vided always that such works shall not interfere with any existing rights, nor with the construction hereafter by any person of other necessary works approved by the Governor for providing water supply for domestic use, or for live stock, or for mining or manufacturing, or other purposes, provided however that the Company shall pay to the Colonial 'lreasurer such yearly sum, by way of rent, as the Local Land Board may determine, in accordance with the provisions of the 'Crown Lands Act of 1884" and any Acts amending the same in consideration of any such concession to be conferred under this Act. 9. The Company shall supply water for domestic or other pur- poses, by measure or otherwise, at such rates, upon such terms, and subject to such conditions as may be agreed upon by the Company and the person requiring to be supplied. Provided always that the Com- pany shall not be entitled to withhold water from any person, unless such person be in arrears with his payment, or shall have been convicted of misapplication of water, and the Company shall not charge for water any person a greater rate than other persons are charged under like conditions. 10. The Company shall not be liable (in the absence of express stipulation under any agreement for the supply of water) to any penalty or damages for "not supplying or continuing to supply such water if the want of such supply arises from unusual drought or other unavoidable cause or accident or from necessary repairs. 11. The Company may let for hire to any consumer of water supplied by measure any meter or instrument for measuring the quantity of water supplied and consumed, and any pipes and apparatus for the conveyance, reception, or storage of the water, for such remu- neration in money as may be agreed upon between the Company and the consumer, which shall be recoverable in the same manner as rates due to the Company for water. 12. Such meters, instruments, pipes, and apparatus shall not be subject to distress for rent of the premises where the same are used, or be liable to be attached or taken in execution under any process of any Court of Law or Equity, or under or in pursuance of any sequestration or order in insolvency, or other legal proceedings against or affecting the consumer of the water, or the occupier of the premises, or other the person in whose possession the meters, pipes, instruments, and apparatus may be. 13. Every person who shall have agreed with the Company for a supply of water by measure shall, at his own expense, unless he hire a meter from the Company, provide a meter, and keep and maintain the same in good working condition to the satisfaction of such officer as may be appointed by the Company ; and inthe event of any repairs being 1890. of? VIC. 39 Broken Hill Water Supply. being required, notice in writing shall be immediately given by such person to the Company, and a registration of the quantity uscd shall be taken before such repairs are effected, 14. The officers of the Company may enter any house, building, Power to officers of or lands, to, through, or into which water is supplied by the Company Company to inspect hy measure, in, or to inspect the meters, instruments, pipes, and apparatus for the measuring, conveyance, reception, or storage of water, or for the purpose of ascertaining the quantity of water supplied or consumed, or to examine if there be any waste or misuse of such water; and may from time to time enter any house, building, or lands for the purpose of removing any meter, instrument, pipe, or apparatus the property of the Company ; and if any person hinders any such officer from entcring or making such inspection or effecting such removal, he shall for cach such offence be liable to a penalty not exceeding five pounds, but except with the consent of two Justices a power of entry shall be exercised only between the hours of nine in the forenoon and six in the afternoon. 15. In all the pipes to which any fire-plug is fixed, the Com- Supply of water for pany shall provide and keep constantly laid on for use, unless prevented PY?" Purpose by unusual drought or other unavoidable accident, or during necessary repairs, a sufficient supply for the following purposes (that is to say), for supplying any public hospitals or charitable institutions, or any public pumps, baths, and washhouses that may be established for the use of the inhabitants, and paid for out of any municipal rates; and such supply shall be provided at such rates and upon such terms and conditions as may be agreed upon by any Municipal Council and the Company, or, in case of disagreement, as shall be settled by two Justices. Provided that hospitals and charitable institutions shall be provided with water without charge. 16. The Company, at the request of any Municipal Council in Fee-rivas, the Borough of which it shall construct its works or any of them, Company to place shall fix proper fire-plugs in the main and other pipes belonging to it public five-plugs in at such convenient distances and at such places as it may consider mans: proper and convenient for the supply of water for extinguishing any fire which may break out within any such Borough, and shall from time to time renew and keep in effective order every such fire-plug ; and shall put up a public notice in some conspicuous place in each street in which such fire-plug is situated, showing its situation; and such notice may be put up on any house, wall, fence, or building in such strect ; and as soon as such fire-plug is completed, the Company shall deposit a key thereof in cach place where any public fire-engine is kept. 'The cost of such fire-plugs and notices, and the expense of fixing, placing, and maintaining the same in repair, and of supplying such "keys as aforesaid, shall be defrayed by the Municipal Council in which the same may be. And no supply of water from such fire-plugs shall be taken for any other purpose than that of extinguishing fires, unless such purpose be allowed in writing by the Company. 17. The Company may at the request and expense of the Fire-plugs for owner or occupier of any manufactory or works situated in or near any ™"" stores street or road in which or within two hundred yards of which there shi all be a pipe of the Company, place and maintain in effective order a fire- plug (to be used only for extinguishing fires) or near as conveniently may be to such manufactory or works. 18. 'The Company shall at all times keep charged with water all Pipes to be kept . ra . 2 a charged, and water its pipes to which fire-plugs are fixed unless prevented by drought or taken for fires. other unavoidable cause or accident or during necessary repairs. And shall allow all persons at all times to take and use such water for the purpose only of extinguishing fire without making compensation for the same. 19. 40 54 VIC. 1890. Broken Hill Water Supply. Penalty for refusal 19. If, except when prevented as aforesaid, the Company to fix hre-plugs, or neglect or refuse to fix, retain, or repair such fire-plug, or to furnish to of supply of water. such Municipal Council a sufficient supply of water for the public pur- poses aforesaid, upon such terms as shall have becn agreed on or settled as aforesaid, or if, except as aforesaid, it neglects to keep its pipes charged as aforesaid, or neglects or refuses to furnish water to any owner or oceupicr liable to be rated under this Act during any part of the time for which such rates have been paid or tendered, shall be liable to a penalty of fifty pounds, and shall also forfeit to any such Municipal Council, or to every person having paid or tendered the rate, the sum of twenty shillings for every day during which such refusal or neglect shall continue after notice in writing shall have been given to the Company of the want of supply. Company may make 20. Subject to the provisions of this Act, the Company may, regulations. from time to time, make, amend, and repeal regulations for or relating to all or any of the following subjects :— (1) The supply of water to the owner or oceupicr of any house, factory, or land; (11) The rate at which water shall be sold, and the time of payment for the same ; (11) 'The prevention and remedying of waste, undue consump- tion, fouling or contamination of the water contained in or supplied from any part of the Company's works ; (tv) The protection of the water and ev ery part of the works from trespass and injury ; (v) The imposing of penalties for any breach of any regulation by this Act authorized to he made by the Company, not exceeding for any offence the sum of fifty pounds; and (vr) Generally for duly administering and carrying out the powers given to the Company. And such; 'regulations shall, upon being approved by the Governor and published in 'the Ga zclte, be valid in law. Maxiznun price of 21. The price to 'be charged by the Company for water sold water, shall in no case exceed sixpence per hundred gallons. Prorecrion or THE 22. If any person supplicd with water by the Company wrong- Waren, fully does, or causes or permits to be done, anything in contravention Incase of any breach Of any of the provisions of this Act or of the regulations of the Com- ofthis part of this pany, or Ww rongfully fails to do anything w hich under any of those cut off. . provisions ought to he done for the prevention of the waste, misuse, undue consumption, or contamination of the water of the Company, the Company may (without prejudice to any remedy against him in respect thereof) cut off any of the pipes by or through which water is supplied to him or for his use, and may cease to supply him with water so long as the cause of injury remains or is not remedied. Penalty for misuppli- 93, Tf any person— cation of water. (1) Not having from the Company a supply of water for other than domestic purposes, uses for other than domestic purposes any water supplied to him by the Company ; or (11) Having from the Company a supply of water for any purpose other than domestic, uses such water for any purpose other than those for which he is entitled to use the same,— he shall for every such offenee be liable to a penalty not exceeding forty shillings, w 'ithout prejudice to the right of the Company to recover from him he 'value of the water misused. Definition of 24, A supply of water for domestic purposes shall not includea domestic supply. supply to any stable, or for any manufacturing purpose, or for irrigation (which shall mean any mechanicalor artificial contrivance for conveying water to plants without labour), or for water-power, or for fountains or any 1890. 547 VIC. 41 Broken Hill Water Supply. any ornamental purpose. The Company shall at all times have the power to decide whether the supply of water to any person shall be by measure or otherwise. 25. If any person not being supplied with water by the Com- Penalty for utaw- pany wrongfully takes or uses any water from any reservoir, water- ly ins water course, conduit, or pipe belonging to the Company, or from any pipe leading to or from any such reservoir, watercourse, conduit, or pipe, or from any cistern or other like place containing water belonging to the Company, or supplied by it for the use of any consumer of the water of the Company, he shall for every such offence be liable to a penalty not exceeding five pounds. 26. If any person bathe in any stream, drain, reservoir, aque- porwnsxa me duct, or other water-works belonging to the Company, or wash, throw, WaTER, or cause to enter therein, any dog or other animal, he shall for every penatty for bathing such offence forfeit a sum not execeding five pounds. in water of the Company. 27. The Company shall take all reasonable precautions, Dy protection of water fencing and otherwise, for the protection of the water supply from supply from pollution or contamination, and the Central Authority may at any Pollution &e- time require the Company to construct such works, or take such precautions, as he may deem necessary or advisable in the interests of the public health. If the Company neglect or fail to construct such works, or take such measures, within the time prescribed by such Authority, the said Company shall become liable to a penalty of not more than fifty pounds for every day after the expiration of such preseribed time. 28. If any person throw, convey, or cause or permit to be Penalty for throwing thrown or conveyed, any rubbish, dirt, filth, or other noisome thing, "rt therein. into any such stream, drain, reservoir, aqueduct, or other water-works as aforesaid, or wash or cleanse therein any cloth, wool, leather, or skin of any animal, or any clothes or other thing, he shall for cach such offence forfeit a sum not excecding twenty pounds. 29. If any person cause the water of any sink, sewer, or drain, Penalty for letting steam-engine boiler, or other filthy water belonging to him or under foul water flow his control to run or be brought into any stream, drain, reservoir, aqueduct, or other water-works belonging to the Company, or shall do ny other act whereby the water of the Company shall be fouled, he 1all for each such offence forfeit a sum not exceeding twenty pounds, nda further sum of twenty shillings for each day (if more than one) iat such offence continues. ; an 2 30. Every person or company making or supplying gas within Penalty for per- the limits of any water district who shall at any time cause or suffer Placed in wiek ing to be brought or to flow into any stream, drain, reservoir, aqueduct, Or gas to flow into ° water-works belonging to the Company, or into any stream or drain *°™* communicating therewith, any washing or other substance which shall be produced in making or supplying gas, or who shall wilfully do any act connected with the making or supplying of gas whereby the water in any such reservoir, aqueduct, or other water-works shall be fouled, or the pipes or conduits thereof injured, shall forfeit to the Company a sum not exceeding twenty pounds, to be recovered with full costs of suit for each day during which such washing or other substance shall be brought or shall flow as aforesaid, or during which the acé shall continue by which such water is fouled, after the expiration in either case of twenty-four hours from the time when notice of the offence has been served on such person by the Company. 31. Whenever the water supplied by the Company shall be Penalty on gasmakers fouled by the gas of any person or company making or supplying gas ¢iushix water fo be within the district aforesaid, such person or company shall forfeit to the Company for every such offenee a sum not exceeding twenty d pounds, Power to examine gas-pipes to ascertain cause of water being fouled. The expense to abide the result of the examination. Proportion of profits to be applied towards reduction of charges. Any person re-cestab- lishing any conneec- tion with the main, unless authorized, or wilfully injuring any pipe, liable to a penalty. Where several houses supplied by one pipe, each to pay. of VIC. 1890. Broken Hill We aler Supply. pounds, and a further sum not exceeding ten pounds for each day during which the offence shall continuc after the expiration of twenty- four hours from the service of notice of such offence. 32. For the purpose of ascertaining whether the water of the Company be fouled by the gas of any person or company making or supplying gas within the said district, thé Company may dig up the ground and examine the pipes, conduits, and works of the persons or company making or supplying gas. Provided that before proceeding so to dig and examine, the Company shall give twenty-four hours' notice in writing to the person or company so making or supplying gas of the time at which such digging and examining is intended to take place, and shall give the like notice to the persons having the control or management of the pavements or place where such digging shall take place, and shall be subject to the like obligation of rein- stating the road and pavement, and to the same penaltics for dclay or any nonfeasance or misfeasance therein, as hereinafter provided, with respect to roads and pavements broken up by the Company for laying their pipes; and if upon such examination it appears that such water has been fouled by any gas belonging to such person or company the expenses of the digging, examination, and repairs of the strect or place disturbed in any such examination shall be paid by the person or company making or supplying gas; but if upon such cxamination it appears that the water has not been fouled by the gas of such person or company, then the Company shall pay all the expenses of the examination and repair, and also make good to the said person or company any injury which may be occasioned to his works by such examination. 'The Company shall apply three-fourths of any amounts received under the two last preceding sections in reduction of the charges for water supplicd to users from pipes between the point of contamination and the points of delivery, during the period of con- tamination for which the penalties have been inflicted, proportionately to the consumption of such users, and in the event of the Company neglecting or refusing to make such reduction, any user of water as aforesaid may recover the proportion due to him by swmmary process before two Justices. 38. Any person who shall, without the authority of the Com- pany, re-establish any connection which may have been cut off, removed, or severed by him, or who shall in any manner wilfully injure or tamper with any connection pipe, meter, cistern, ball-cock, stop-cock, or waste-pipe, which may have been approved by the Company, so as to destroy, diminish, or endanger its efficiency may be summoned for such offence before two Justices, and on conviction thereof shall be adjudged to pay the amount of the charges and expenses which the Company may have incurred (and whieh it is hereby authorized to incur) in repairing or restoring the same to a state of efficiency. Every such offender shall also forfeit and pay a penalty not exceeding ten pounds, and