Grafton Lighting Company (Limited) Act of 1884 48 Vic (NSW)

1884. 48° VIC. Grafton Lightin uy Company y CHimited). ANNO QUADRAGESIMO OCTAVO VICTPORT A REGINA, An Act to enable the Grafton Lighting Com- pany (limited) to cons struct Gas-works and Eleetric Works within the Town and Suburbs of Grafton, [20th June, 1884. | AY THEREAS it isexpedient that the Town of Graftonand its Suburbs in the Colony of New South Wales should be supplied an lighted with gas and with electricity And whereas for the carrying out of the works necessary for such supply of gas and of clectricity a Joint Stock Company called the * Grafton Lighting Company Limited" has by a memorandum of association lately been establishec at Gratton aforesaid in accordance with and subject t to the provisions of the Companics Act thirty-seven Victorianumber nineteen which saic memorandum is hereunto appended in the Schedule marked Bo And whereas the Municipal Council of the Borough of Grafton have at the request of the said Company and in consideration of the benefits to arise from the establishment and carrying out of such works con- sented to the vesting in the said Company of all necessary powers anc authorities so far as the right and interest of the said Municipal Counci are concerned Be it therefore enacted by the Queen's Most Excellent Majesty by and with the advice and consent of the Legislative Counci and Legislative Assembly of New South Wales in Parliament assemblec and by the authority of the same as follows :— 1. In the construction of this Act the following words shal have the meanings assigned to them respectively unless inconsisten with the context that is to say— " Company'—The Grafton Lighting Company (Limited). " Council'—The Municipal Council of the Borough of Gratton. « Person"—-Any body whether corporate or individual. "Superintendent of Telegraphs'—The person appointed under the Act twenty Victoria number forty-one to superintend the clectrie telegraphs of New South Wales. "Town and Suburbs of Grafton?— All places which are ineluded within a radius of five miles from the Post Office of Grafton. " Strect'—Any square court alley highway lane footpath road thoroughfare or other public place in the town and suburbs of Grafton. * Klectricity"—Hlectricity electric current or any like agency. " Electric Line'—A. wire or wires conduetor or other means used for the purpose of conveying transmitting or distributing electricity with any casing coating covering tube pipe or insulator enclosing surrounding or supporting the same or any part thereof ov any apparatus connected therewith for the purpose of conveying transmitting or distributing electricity or clectric current. « Works' — Grarton Latina COMPANY (Litre Dye Preamble, Tnterpretation of terms. Authority to erect works and break up streets roads &c. To make contracts for the supply of gas and to carry out works for that purpose. Price purity and illuminating power of the gas. 48° VIC. 1884. Grafton Lightin, 7] Company ( (Limited). " Works' '—Any buildings machinery engines works matters or things of whatever description required to generate make or supply gas or electricity and to carry into effect the object of the said Company under this Act. PART I. Provisions respecting the Supply of Gas. 2. 'The said Company is hereby authorized and empowered by its servants contractors agents and workmen from time to time to make erect sink lay place fit maintain and repair such retorts gasometers gas meters receivers cisterns engincs machines cuts drains sewers watercourses pipes reservoirs buildings and works and devices of such construction and in such manner as the said Company shall think fit necessary or proper for the purpose of carrying out the opera- tions of the said Company in respect of and incidental to the making and supplying of gas in conformity with the said memorandum of association And for all such purposes to open and break up the soil and pavement of the streets and bridges within the limits of the town and suburbs aforesaid and to open and break up any sewers drains or tunnels within or under such streets and bridges and to erect posts pillars lamps lamp-irons and other apparatus in and upon the said streets and bridges or against any wall or walls erected on or adjoining any of them and to dig and sink trenches and drains and to lay gas- mains and gas-pipes and to put stop-cocks syphons plugs or branches from such gas-mains and gas-pipes in under across or along such strects and bridges And also with such consent as is herein provided to do the like in under across or along any private roads ways lanes passages buildings and places and from time to time to cut remove alter repair replace "and relay such gas-mains gas-pipes stop-cocks syphons plugs or other appar atus Provided that the said Company shall unless in case of accident give twenty-four hours' notice in writing to the Council Clerk of the said Municipality prior to the opening or breaking up as aforesaid of any street road pavement sewer drain or tunnel within the said town and suburbs And provided that if in carrying out any of the operations of the said Company it shall be deemed necessary by the said Company to enter upon under across or along any railway or tramway whether public or private it shall be sufficient for the said Company to obtain the consent of the Secretary for Public Works for the time being of the Colony of New South Wales anything hercin- before contained to the contrary notwithstanding. 3. It shall be lawful for the said Company to contract with any person for supplying with gas any such person or any streets ways lanes passages manufactories shops warehouses public or private houses buildings and places and for such purpose from time to time to lay down carry fit up connect and furnish any gas-pipes branch burner lamps gas-meter or other apparatus from or in connection with any main gas-pipe or to lay down any new gas-main or gas-pipe which for such purposes may be required and to let any such 'apparatus for hire for such sum as may he agreed upon which sum may be recovered in like manne as any rent or remuncration for the supply of gas. The price for the gas shall at no time exceed twenty shillings per thousand cubic feet and the gas supplied shall be absolutely free from sulphuretted hydrogen and shall be of such minimum quality as to produce from an Argand burner having fifteen holes and a seven- inch 1884. 48° VIC. 37 Grafton Lighting Company (Limited). 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 boring one hundred and twenty grains per hour. The said Company shall within twelve months after receiving Provision for testing. notice from the said Council put up at some testing place to be provided by the said Council within the Borough suitable apparatus for the purposes following— (x) For testing the illuminating power of the gas supplied. (11) For testing the presence of sulphurctted hydrogen i in the gas supplied The said apparatus shall be in accordance with the Schedule hereunto annexed and shall at all times be kept and maintained in good repair and working order by the said Company. 6. The said Council may from time to time appoint a competent Appointment of gas and impartial person to be gas examiner to test the gas at the testing "°"" place who shall test the illuminating power and purity of the gas supplied on any or every day and the said Company may be represented at the testing if they shall think fit but shall not be entitled either by themselves or their representatives to interfere in the testing. 7. The gas examiner shall on the day immediately following Gs examiner to that on which the testing was made by him deliver to the said Council °P* " a report of such testing and shall deliver a copy thereof to the said Company and such report shall be receivable in evidence. 8. Any gas examiner appointed by the said Council shall De Gas examiner how paid a salary not exceeding one hundred pounds per annum which shal] > be paid one moiety by the said Council and the other moiety by the said Company. 9. No gas-metcr shall be used for ascertaining the quantity of Meters. 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 multiples 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 English Warden of Standards or by the inspector of meters appointed from time to time by the said Council or other the person or persons who may hercafter be appointed by any Act or Acts of the Parliament of New South Wales or in pursuance thereof in that behalf to test and stamp gas-meters. 10. No gas-meter which shall have been fixed by the said Regulation of gas- Company for use before the expiration of one year of the time when ™*'™ this Act comes into operation shall be allowed to remain in use after the expiration of five years from that time unless it shall have been tested and stamped as by this Act directed and no meter once tested and stamped under the provisions of this Act shall be 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 re-tested and re-stamped in manner aforesaid and whenever the said Company shall knowingly allow any gas-meter to be used in contravention of this section they shall be Jiable to a penalty not exceeding forty shillings for every such offence. 11. After the expiration of one year from the time when. this Lcgal standard. Act comes into operation the legal standard or unit of measure for the sale of the said Company's gas by meter shall be the cubic foot con- taining sixty-two and three hundred and twenty-one thousandths (62°321) pounds avoirdupois weight of distilled or rain water weighed in air at the temperature of sixty-two degrees Fahrenhcit's thermometer the barometer being at thirty inches. 12. Pressure of gas. Authority to lay down and erect electric works and lines to break up strects roads &c, 48° VIC. 1884. Grafton Lighting Company (Limited). 2. All gas supplied by the said Company shall except in case of accident be supplied at such pressure as to balance from midnight, to sunset a column of water not less than six-tenths of an inch in height and to balance from sunset to midnight a column of water not less than one inch in height. PART II. Provisions respecting the supply of Electricity. 3. The said Company is hereby authorized and empowered by its servants contractors agents and workmen from time to time to make and erect such electric works and to sink lay place fit maintain and repair such electric lines accumulators storage batteries electric cables mains insulated wires pipes switches connection branches electric meters dynamos engines machines cuts drains water-courses pipes buildings and other devices And to erect and place any electric line cable main insulated wire or other electric apparatus above ground along over or across any strect in the said town and suburbs of Grafton. and to erect poles for the purpose of placing the same in such manner as the said Company shall think fit ncecssary or proper for the purpose of carrying out the operations of the said' Company in respect of and incidental to the making generating and supplying of clectricity in conformity with this Act and with the said 'memorandum of association And also for all such purposes to open and break up the soil and pavement of the streets and bridges within the limits of the town and suburbs aforesaid and to openand break up any sewers drains or tunnels within or under such streets and bridges and to crect posts poles pillars lamps globes oy other apparatus in or upon the said streets and bridges or against any wall or walls erected on the same or adjoining thereto and to dig and sink trenches and drains and to lay clectric lines cables and mains and to put electric lines wires switches and connection branches from such electric lincs cables and mains in under across or along such streets and bridges and also with such con- sent as is herein mentioned to do the same in under across or along any private roads ways lancs passages buildings and places and from time to time to cut remove alter repair replace and relay such electric lines cables mains wires switches and connection branches or other apparatus Provided that when any clectric line cable main insulated wire or other electric apparatus is placed above ground the same shall be done with the consent in writing of the said Municipality and with the consent in writing of the Superintendent of Telegraphs and not other- wise but if the said Superintendent of 'Telegraphs i is of opinion that any telegraph or telephonic line is or may be injuriously affected by such electric line cable main insulated wire or other apparatus or if the said Municipality or the said Superintendent of 'Telegraphs is of opinon that such electric line cable main insulated wire or other apparatus is or is likely ,to become dangerous to the public safety or a public nuisance the said J Municipality or the said Superintendent of T'clegraphs may by notice in writing require the said Company to remove such electric linc cable main insulated wire or other apparatus or any portion thereof and if the said Company do not within cight days of the service on them of such written notice remove the same the said Municipality or the said Superintendent of Telegraphs may remove the same and recover the expense of such removal from the said Company in a summary manner And provided that the said Company shall except in ease of accident or of any event by which in the opinion of the Company an accident is likely to occur give seven 1884.. 48° VIC. 39 Grafton Lighting Company y (Limited). seven days' notice in writing to the elerk of the said Municipality and to the said Superintendent of Telegraphs prior to the opening and breaking up as aforesaid of any strect bridge road pavement sewer drain or tunnel within the said town and suburbs And provided that, if in carrying out any of the operations in this section authorized to be carricd out it shall be deemed necessary by the said Company to enter upon under across or along any railway or tramway whether public or private it shall be sufficient for the said Company to obtain the consent, of the Scerctary for Public Works for the time being of the Colony of New South Wales in addition to any other consent by this Act required to be obtained. 14, It shall be lawful for the said Company to contract with any To make contracts person for supplying with electricity any such person or any streets forthe pene of ways lanes passages manufactorics shops warehouses public or private carry out works for houses buildings and places and for such purpose from time to time to YP lay down carry fit up connect and furnish any electric accumulator storage battery electric line cable insulated wire pipe switch connection branch carbon burner lamp meter or other apparatus from or' in con- nection with any electric line main lead or cable or to lay down any new clectric line main lead or cable which for such purposes may be required and to let any such apparatus for hire for such sum as may he agreed upon which sum may be recovered in like manner as any rent or remuneration for the supply of electricity. 15. The said Company shall before supplying any person with Provision for testing. electricity put up and erect suitable apparatus at: some testing place for the purpose of testing the normal strength and the clectro-motive force of electricity supplicd by them the said apparatus and the position and construction of the said testing place to be approved by the Superin- tendent of Tclegraphs. 16. The said Council may from time to time appoint a competent Appointment of and impartial person to be approved of in writing by the Superinten. "me! en dent of Telegraphs to be electrical examiner who shall test the normal strength of the current of clectricity supplied by the said Company and who shall examine any clectric line accumulator storage hattery electric cable insulated wire pipe switch connection branch or any other electric apparatus And the said Company may be represented at such testing or examination but shall not be entitled to interfere in the same. 17. The electrical examiner shall within four days of the day on Ficetrical examiner which the testing or examination was made by him deliver to the said *?" Council and to the said Superintendent of Telegraphs a report of such testing and of such examination and shall deliver a copy thercof to the said Council and to the said Superintendent of Telegraphs and such report shall be receivable in evidence. 18. Any electrical examiner appointed by the said Council shal] Electrical examiner be paid at the rate of two guineas for every day on which heis so? ° engaged one moicty to be paid | by the said Council and the other moicty by | the said Company 19. No electric main or conductor shall be used for the supply of Electric conductors electricity and no electric photometer shall be used for ascertaining the Photometers and illuminating power of electric light and no electric meter shall he used for ascertaining the quantity of electricity supplied by the said Company unless the said main conductor photometer or meter respectively shall be of a pattern approved in writing by the Superintendent of Telegraphs. 20. No continuous electric current shall be supplied by the said Potential of current. Company to any elcctric linc main or cable having an electro-motive force of more than two hundred volts and no "alternating current shall be so supplied having an clectro-motive force of more 'than one hundred volts Provided that if in the opinion of the said Company it is 4d) No form of Jamp or burner to be prescribed. Private lands not to be trespassed on, Procedure when access to private property refused, 48? VIC. 1884. Grafton Lighting Company (Limited). is deemed necessary for the purpose of carrying into effect the provisions of this Act to employ a higher tension of electricity than the said two hundred volts in the case of a continuous current or of one hundred volts in the case of an alternating current a written notice of the same containing a statement of the extent of the proposed increase of electro- motive force shall be served on the Superintendent of Telegraphs who shall give the said Company notice in writing of the necessary precau- tions to be taken and things to be done by the said Company in order to secure the satety of the 'public which said precautions shall be taken and things shall be done by the said Company before they shall supply a continuous electric current of higher electro-motive force 'than two hundred volts or an alternating cleetric current of higher electro-motive force than one hundred volts For every breach of any of the provisions of this section the said Company shall be liable to a penalty not excceding five hundred pounds and not less than two hundred pounds to be recovered in a summary manner before any two Justices of the Peace and every director manager or officer of the said Company who shall knowingly and wilfully authorize or permit the samc to be done shall be liable to the like penalty to be recovered in the manner herein- before provided. 21. Itshall not be lawful for the said Company to prescribe any special form of lamp or burner to be used by any person or in any way to control or interfere with the manner in which electricity supplied by the said Company is used Provided that no person shall be at liberty to use any form of lamp or burner or to use the electricity supplied by the said Company for any purpose or to deal with it in any manner so as to unduly or improperly interfere with the supply of electricity supplied to any other person by the said Company. General Provisions, 22. Subject to the provisions of the thirty-first and thirty-second sections herein nothing in this Act contained shall he deemed to authorize the said Company their servants contractors agents or work- men to enter into or upon any private land tenements or places or thereon to carry out any of the operations of the said Company without the previous consent in writing of the occupier thercof. 23. 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 the third fourteenth or thirty-first. sections herein contained to the contractors agents workmen or servants of the said Company for the purpose of removing any gas-pipe gas-meter electric- line electric-metcer works or other apparatus for the supply of gas or electricity placed or introduced into any such building tenement or placed by the said Company or shall prevent or obstruct such removal then the said owner occupier or person acting for him shall imme- diately pay to the said Company the valuc of such gas-pipe gas-metcr electric-line clectric-meter works or other apparatus for the supply of gas or electricity 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 such owner occupier or person it shall be lawful for the said Company to make complaint thereof 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 the place where the said building tenement or place is situated why he refuses to pay such demand and thereupon the said Court shall proceed to the adjudication and enforecment of such demand in the manner hercinafter set forth And if any person shall place or lay any gas-pipe to communicate with any 1884. 48° VIC, Grafton Lighting Company (Limited). any main gas-pipe gas-meter or other gas apparatus already Iaid placed or erected 'by the said Company or shall place lay conncet or erect any electric cable insulated wire clectric line switch connection branch carbon electric burner or lamp to communicate with any main electric cable main electric line electric accumulator storage battery electric meter or other electric apparatus already laid placed or erected by the said Company or shall supply any person with any gas or electricity supplied to him by the said Company without the said Company's consent. in writing first obtained or if any person shall wantonly or maliciously hinder or interrupt any of the contractors workmen agents or servants of the said Company in legally doing or performing any of the acts by this section authorized to be done by them or in exercising any of the powers and authorities by this Act given or if any person shall wilfully or negligently or accidentally do or cause to be done any injury or damage to any of the buildings machinery pipes burners gas-meters electric meters electric cables insulated wires lines or other apparatus whether for the gencration and supply of gas or electricity of the said Company or remove the same or cause a waste or improper use of gas or of electricity supplied by the said Company it shall be lawful for the said Company to make a com- plaint thereof before any Justice of the Peace who may cause to be issued a summons to the person so offending to appear before the Court of Petty Sessions nearest to the place at which such olfence shall have been committed and being thereof lawfully convicted such person shall forfeit and pay to the said Company any sum not excceding five pounds over and above all damages done and over and above all costs necessarily incurred in recovering the same such sum to be ascertained by such Court and to be enforced by distress and all proceedings under this Act not herein expressly provided for shall be regulated and con- ducted in accordance with the powers of the law in force for the time being respecting summary proccedings before Justices of the Peace and all such provisions shall so far as the same are applicable be enforced and observed in all procecdings under this Act not herein expressly provided for. 24. No gas-pipe burner lamp gas-meter or other gas apparatus and no clectrie accumulator storage battery clectric cable insulated wire pole electric line pipe switch connection branch carbon burner lamp electric meter or clectric apparatus of the said Company being placed under upon or above any building tenement or place shall be subject to distress for rent or shall be taken in execution under any process or proceeding in any Court of law or equity or under any proceedings in bankruptcy or insolvency save so far as any process or proceedings against the said Company are concerned. 25. When and so often as the said Company its servants con- tractors agent or workmen shall have opened broken up or remover the soil or pavement of any street or bridge as aforesaid or shall have opened or broken up any sewers drains or "gannels within or under any such strects or bridges or shall have erected any poles for the purpose of placing any electric line above ground the said Company shal make all reasonable dispatch in performance of the work to be done and shall on completion of such work forthwith carry away all rubbish and waste or surplus material and render such street. or bridge anc every such sewer drain and tunnel within or under the same as nearly as possible in the same condition as it was in previously to the disturbance thereof and during the continuance of such work anc until such reinstatement the said Company shall sct up sufficient barriers and keep lights burning at night in order to prevent accidents And also when and so often as any gas pitch waste tar waste liquid acid or other things shall escape or flow from any pipe reecivers electric Apparatus not liable for distress execution &e. Materials of streets &c. broken to be replaced. Barriers und lights to be kept up. Nuisances. Borough Council may appoint inspector of meters. Forging stamps. Damage by Company to be made good. 48° VIC. 1884, Grafton Lighting Company (Limited). - electric generator machine or drain being part of or incidental to the works to be erected under this Act so as to contaminate the air or any stream spring or other water water-course or body of water natural or artificial and render the same unhealthy ov offensive or unfit for use it shall be lawful for any person to give notice thereof in writing to the said Company who 'shall immediately take the most speedy and effectual measures to prevent and remedy the same and if the said Company shall make default in any of the matters so required by it to be performed it shall be lawful for any person to lodge complaint thereof before any Justice of the Peace who may summon the said Company hefore the nearest Court of Petty Sessions and on proof of such default the said Court of Petty Sessions shall order and direct that the said matter shall be done by the said Company within a reasonable time to be named by such Court and in default of compliance with such order any Justice of the Peace on proof of such default on the part of the said Company and on proof that the complainant or any other person has performed the said work so to be done and of the cost charges and expenses attending the same shall issue a distress warrant against the goods and chattcls of the said Company for any amount not excecding the said charges and expenses and the cost of prosecuting such complaint tv be paid to the person performing the said work as aforesaid. 26. An inspector of gas-meters and subject to the approval in writing of the Superintendent of Tclegraphs an inspector of electric meters may from time to time he appointed by the said Council and the said inspector whether of gas or of electric meters shall at all times when authorized by the Council on the application and at the expense of any consumer of gas or of electricity supplied by the said Company he entitled to i inspect and test the meters erected by the said Company in the premises of the person making such request after giving forty-eight hours' notice of such intended inspection to the said Company and hefore such inspection the person requiring the same shall deposit in the hands of the inspector all moncy duc or appearing to be due by such person to the said Company on account delivered and in case such deposit shal! be in excess of the sum found to be duc to the said Company such excess shall be returned to the consumer. 27. If any person shall forge or counterfeit or cause or procure to be forged or counterfeited or knowingly act or assist in the forging or counterfeiting of any stamp which may hercafter be used for the stamping of any gas or clectric meter under this Act every person so offending shall "for ever 'y such offence be liable to a penalty not exceeding fifty pounds or less than ten pounds and if any person shall knowingly sell utter or dispose of let lend or expose for sale any gas or electric meter with such forged stamp thereon every person so offending shall for every such offence be liable to a penalty not exceeding ten pounds nor less than f orty shillings and all gas or clectric meters havi ing forged or counterfeited stamps thercon shall be forfeited and destroyed. 28. In all cases where any damage may be done by the said Company its servants agents contractors or workmen in the course of erecting laying down removing or repairing any works gas-pipes electric lines or other apparatus for the supply of gas or electricity the said damage shall be made good at the expense of the said Company and in case the said Company shall delay within a reasonable time to make good such damage the owner of the property or thing damaged 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 moncy payable undcr the provisions of this Act, 29. 1884. Grafton Lighting Company (Limited). 29. Any person who unlawfully and maliciously cuts or injures Injuring works with any clectric line gas-pipe or works with intent to cut off any supply of electricity or gas shall be guilty of felony punishable under section three hundred and seventy-nine of the " Criminal Law Amendment Act of 1883." 30. Any person who maliciously or fraudulently abstracts causes stealing gas or to be wasted or diverted consumes or uses any gas or electricity supplied eeteity- by the said Company shall be guilty of simple laveeny within the meaning of the ' Criminal Law Amendment Act of 1883." 31. It shall be lawful for the said Company to cut off and take Power to cut off gas away the supply of gas or electricity from the building tenement or Gr errcty of other place of every person or body making default in payment after giving twenty-four hours' notice to the oecupier and thenceforth to discontinue the supply of gas or clectricity contracted for with the said Company by such person or body and to enter by itself its agents or workmen into such Inulding tenement or place between the hours of nine in the forenoon and four in. the afternoon and remove and carry away any pipe burncrs lamp meter cleetric line or other apparatus for the supply of gas or electricity the property of the said Company and the said Company shall have the like powers with regard to cutting off taking away and discontinuing the supply of gas or electricity in the case of the building tenement or place of any person who shall have been lawfully convicted as hereinbefore provided of any fraudulent injury to any meter or apparatus for the supply of gas or electricity on such premises or fraudulent use of the gas or clectricity of the said Company And in case any person or body who shall contract with Remedy for recovery the said Company or agree to take or shall take or use the gas or the rectal pas or electricity 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 saine to the said Company according to the terms and stipulations thereof it shall be lawful for the said Company to make complaints of such refasal or neglect before any Justice of the Peace who may cause to be issued a summons to the party or parties so refusing or neglecting calling on him or them to show cause before the Court of Petty Sessions in the police