New South Wales: Hillgrove and Armidale Water-power Electric Act 56 Vic (NSW)

HILtGrove anp Al 1 ARMIDALE WATER-POWER ELectTRic, Preamble. Act to enable the " Hillgrove and Armidale Water-power Electric Company (Limited)," a company registered in Sydney, in the Colony of New South Wales, under the provisions of the Companies Acts,to construct and maintain machinery, works, and other appliances for making, generating, and transmitting electricity and supplving the same to any city, town, mine, company, co-partnership, person, or persons whatsoever, within the county of Sandon, in the said Colony of New South Wales, and for other purposes therein mentioned. [LOth March, 1893. | AV ERBAS a certain company called the "Millgrove and Armidale Water-power Electric Company (Limited)" has lately been formed at Sydney, in the Colony of New South Wales, under the provisions of the Companics Act" thirty-seventh Victoria number nineteen, and under and subject to a certain memorandum of association bearing date the twenty-eighth day of July, one thousand cight hundred and ninety-two : 1893. a6" VEC. Hiligroce and Armidale Waler-power Electric. ninety-two: And whereas the said company is desirous of acquiring the right to construct and qaintain machinery and works and other appliances for generating, making, and transmitting electricity, and to control and manage the said works, and for other purposes: And whereas it would be for the benetit of the Colony of New South Wales that the said dillerove and Armidale Water-power Electric Company (Limited) should be enabled to construct and maintain the said machinery and works as aforesnid, and that the powers authorised and concessions hereinafter proposed to be conferod on the said © [illerove and Armidale Water-power Electrie Company (Limtted)" should be granted to the said * Hillgrove and Armidale Water-power Electric Company (Limited)? : And whereas such objects cannot be obtained without the authority of Parliament: Be it therefore enacted by the Queen's Most Excelent Majesty, by and with the advice and consent of the Legislative Council and Legislative Assembly of Now South Wales in Parliament assembled, and by the authority of the same, as follows :— 1. This Act may be cited as the "Willgrove and Armidale Short tite, Water-power Electric Act." 2. In this Act, and in any by-law made under it, save where Inte pretation, tiere is something in the context inconsistent therewith, the following words and expressions shall have and include the following meanings attached thereto respectively : "Conductor? shall mean and include cable, wire, or other apparatits for transmitting electrical power. " Conduit? shall mean and include the canals, tunnels, aqueducts, cuttings, pipes, ov wires by means of which the main supply of water, water-power, or clectricity is supplied to any city, town, persons, or biulding, or property. "Crown land" shall mean and include any Jand or dands in the County of Sandon, in the said Colony, which are or may become vested in the Crown, and inchides all lands of the Crown in the said County which ave or may be occupied for pastoral or mining or other purposes under any lease or license issued in pursuance of any Aet of the Parliament of this Colony. * Company " means the ' Hillgrove and Armidale Water-power Electric Company (Limited)," registered ander the Companies Act" thirty-seventh Victoria miumber nineteen, and its successors and assigns. **County " shall mean the county of Sandon. "¥irst lessee"? means any person entitled to ocexpy any land previously leased. * Gazelle" means the Government Gazelle. "Governor " means the Governor for the time being of the Colony of New South Wales, with the adviee of the Executive Council. * Local Authority? means the Board of Health, Municipal Council, Road 'Trust, Town Board, or body of persons or person having the control or management of the strect in respect of which such expression shall be used, if the same shall be used in respect of any partictlar street; but if the same shall not be used in respect of any street, it shail mean the Municipal Council or body corporate having the local government of any city, town, or district in which any of the works hereby authorised may be situate, or in default of any such local authority the Minister for Lands. " Machinery" Power to divert water, Power to use water, Purposes for which water nay be taken. 56° VIC. 1893. »" " Machinery " means any appliance for carrying into effect any of the objects authorised by this Act. 6c Meter"? means any instrument, apparatus, or appliance for measuring and ascertaining the quantity of water, water- power, motive-power, or electricity used or supplied to any person. 'Minister' means the Minister for Lands and Works for the time being of the Colony of New South Wales. Motive-power" means the power derived from water passing through machinery, or the electrical power derived therefrom. "Owner" means the person for the time being in the actual receipt of or entitled to receive the rents and profits of any house, manufactory, or building of whatsoever kind, or of any land. " Person" includes corporation, company, association, syndicate, partnership, and local authority. * Private lands '' means any land which shall have been granted by the Crown in fee simple or by lease for a longer term than ninety-nine years to any person. " Property" means lands or buildings and lands and buildings. * Street' means any public and common highway, main road, road, bridge, footway, square, court, alley, lane, thoroughfare, or Public way, Place or Passage. "Town and City," means any settlement, camp, or collection of houses, whether proclaimed as a city or town or not, and situate within the said county. " Water-works"' means and includes all reservoirs, wells, cisterns, tanks, aqueducts, water-courses, tunnels, feeders, drains, channels, engines, cuts, flood-gates, sluices, conduit-pipes, pipe-breaks, engines, buildings, and other works of what kind soever which are from time to time necessary or used for effecting the purposes of this Act. "Works" mean and include reservoirs, pen-stocks, conduits, cables, poles for carrying cables, and wires. 3. It shall be lawful for the company, and it is hereby empowered and authorised, to take, divert, and appropriate for any of the purposes hereinafter mentioned, the water flowing at the point of intake on the course of the Guyra River, in the said colony, at the point specified in the application for special lease of the Guyra River, known as the Great Falls, and from time to time to enter upon the said river at the point of intake aforesaid for the purpose of constructing and erecting on and in that portion of the said river, at the said point of intake, any works, dams, weirs, flumes, or races for the purposes of such taking, diversion, and appropriation of the said water of the river aforesaid: Provided that the water so taken, diverted, appro- priated, and utilised as aforesaid shall be in due course returned to the stream again unpolluted. 4. It shall be lawful for the said company to use all or any of the waters aforesaid for any of the purposes hereinafter specified :— To work any machinery that may be erected by the company for generating, making, and transmitting electricity to the cities, towns, strects, mines, and buildings of any of the towns of the said county. Yo work any machinery that may he erected by the company for generating, making, and transmitting electricity for the purpose of supplying the inhabitants of any of the cities and. towns of the said county with electricity for any purpose. To 1893. 56° VIC. Hills grove and Armidale Water. -porwer Llectric. work any machinery that may be erected for drawing or propelling trams, tramways, carriages, and other vehicles in, over, along, and upon any street or streets of any of the cities and towns of the said county or elsewhere in the said county. work any machinery that may be erected by the company for the purpose of executing or exercising any of the powers or authorities now or hereinafter vested in or imposed upon the the said company. To supply any mines or batteries in the said coun light or motive-power for lighting, wind working, or any other purpose. To make, generate, and transmit motive or electric power for the purpose of telpherage or any other electrical appliance or machine to which electricity can be applied. The company is hereby empowered to exercise the several powers "and authorities hereby vested in and conferred upon the ¢ company in manner hereinafter set forth. It shall be lawful for the Minister, with the consent of the Governor in-Council, to grant to the company from time to time for any term not exceeding thirty years at a yearly rental a Icase of any Crown lands situated in the said county that the company may consider necessary for the purposes of this Act. Every such lease as aforesaid shall operate and take effect merely as a license to the said company to construct and maintain the works hereby contemplated, and shall not confer any right or title to any mines or minerals; and in case any such lease as afore- said comprises any Crown land previously leased, then such Icase shall not affect the rights of the first lessee except so far as may he necessary for carrying out the objects of such lease, and the 'first lessee may accordingly exercise all powers conferred upon him in respect of the land previously leased: Provided that he shall not carry on any mining operations upon any land comprised in the said lease in such a way as to damage the works of the company; and in case any such lease shall comprise any Crown land previously leased, then the company shall serve upon the first lessee a notice indicating with all reasonable accuracy, by means of a plan or otherwise referred to in such notice, the proposed course, diveetion, or situation of the said works ; and the company may, for the purpose of surveying and taking levels, after giving not less than three days' notice to the first lessee, entcor upon Grown land of the first lessee which may be comprised in such lease, without the previous consent of any person or persons. 7. It shall be lawful for the company and all persons by them authorised, after not less than three days' notice to the oceupicr or occupiers, to enter upon any lands, not being a garden, orchard, or To 1 cleetric umping, y witl ing, plantation attached or be longing toa avenue, or ground ornamentally plant house of the owner of any such lands from, and to occupy the said lands so construction of any works authorised Louse, nor a park, planted walk, ed, and not being nearer to the than one hundred yards there- ong as may be necessary for the by this Act, or of the acconmo- dation works connected therewith hereinafter mentioned, and to use the same for any of the following pur roses, that is to say + — For the purpose of constructing, building, or putting thereon any machinery ; For the purpose of taking earth or soil by side-cuttings therefrom ; Vor the purpose of depositing soi thereon ; For the purpose of obtaining materials therefrom for the con- struction of the water- works or such accommodation works as aforesaid ; or For Company empowered to exercise powers, Lease of Crown lands may be - granted. Effect of lease. Protection to the rights of first lessee. Notice of intention to construct works, Company may enter after notice. Power to take temporary possession of land. Company may manufacture and work upon lands. Compensation to be paid before commencement of work, Materials from Crown kinds. Construction of waters works, Pewilty for obstructing tion of works, mstiruce Power to open streets, &e., of any city or town. Reinstatement of streeta, &e. 56° VIC. 1893. Hillgror e rand Ar midale Water -power Llectrie. For the purpose of forming roads thereon to or from or Dy the side of the said works. Provided that the company shall have the right of immediate entry, without notice, upon any such lands at any time for the purpose of repairing any of the works aforesaid. 8. In the exercise of any of the foregoing powers, it shall be lawful for the company and all other persons employed by the company to deposit, and also to manufacture and work upon such lands, materials of every kind used in constructing the said works, and also to take from any "such lands any timber, and also to dig and take from or out thereof any clay, stone, "gravel, sand or other things that may be found therein useful or proper for constructing the said works or any such roads as aforesaid, and for the purposes aforesaid to erect thereon wor kshops, sheds, and other buildings of a temporary nature, or any steam-engines or other machinery: Provided that before any work shall be commenced as aforesaid, under the authority of the Act, the owner of such land shall be paid such compensation, if any, for the loss or injury or inconvenience sustained by reason of the occupation of such lands and the construction of such works as shall be determined by agreement between the owner and the company, and if such com- pensation shall not be fixed by agreement as aforesaid within one ealendar month after the service of the notice before-mentioned, then such compensation, if any, shall be determined by arbitration in manner hereinafter provided. 9. The company may, from time to time, for the purposes of this Act fell timber and use and carry away the same, and dig and use clay, stone, and other materials upon any Grown land, and may fellall timber which, in the opinion of the company, it may he necessary to remove for the safety of the works hereby contemplated, notwith- standing anything contained in section six of this Act. 10. It shall be lawful for the company from time to time to make, construet, erect, lay down, maintain, alter, repair, ov discontinue upon any land purchased by the company under the provisions of this Act, or upon any land now or hereafter to be vested in the company, such water-w orks, machinery, steam-engines, water-wheels, and other works as the company may think necessary for the purposes ol this Act. 41. Every person who shall w ilfnily obstruct any person acting under the authority of the company in setting out the line of any works undertaken under the authority of this Act, ov puil up or remove any poles or stakes driven into the ground for the purpose of setting out the line of such works, or destroy or injure any works undertaken as aforesaid, shall incur a penalty not exceeding five pounds for every such offence. 12. The company may, upon having obtained the consent in writing of the Minister or local authority, open and break up the soil and pavement of the several streets and bridges within the limits of the said county, and may open and break up any sewers, drains, or tunnels within or under such strects and bridges, and lay down and place within the said limits, conduits, service-pipes, and other works and engmes, and erect telegraph posts or poles, and stretch and put conduits and wires thereon, and carry and run electricity or any motive-power on and through such conduits and wires, and from time to time repair, or 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 motive-power by electricity to the mines, persons,' or inhabitants of the said county : «And when the company shall open or break up the road or pave- ment of any street or bridge, or any sewer, drain, or tunnel they shall' 1898. a6' VIC. Hitigror eand Armidale Water: repowwe Electric. 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 the road or pavement, or the sewer, drain, or tunnel so opened or broken up, and carry away the rubbish occasioned thereby to the satisfaction of the Minister or local authority ; and shall at all times, whilst such road or pavement shall be so open or broken up, cause the same to be fenced and guarded, and shall cause light sufficient for the warning of passengers 'to be set up and kept there for every night during which such road or pavement shall be continued open or broken up. If in the exercise of the powers hereby granted it be found necessary to cross-cut through, raise, sink, or use any part of any road, whether carriage-road, horse-road, or tram-road, or railway, cither public or private, so as to render it impassible for, or dangerous, or more than usually inconvenient to passengers or carriage or to the persons entitled to the use thereof, the company shall, before the commencement of any such operations, cause a road to be made to the satisfaction of the Minister or local authority, instead of the road to be interfered with. If, at the expiration of one calendar month from the date of Compensation to be settled by the service of the notice mentioned in section seven of this Aet, the owner of any such lands and the said company shall not agree as to the amount of compensation to be paid by the said company to the said owner in respect of such occupation as is mentioned in the said seventh section of this Act, the amount of such compensation shall be settled by arbitrators in manner hereinafter mentioned, that is to say, unless both parties coneur in the appointment of a single arbitrator, cach party, on the request of the other, shall nominate and appoint an arbitrator, to whom such dispute or other matter shall be referred ; and any appointment of an arbitrator shall be under the hand and seal of such person or persons respectively ; and such appointment shall be delivered to the arbitrator or arbitrators, and shall be deemed a sub- mission to arbitration on the part of the party by whom the same shall be made. And after any such appointment shall have been made, neither party shall have power to revoke the same without the consent of the other, nor shall the death of either party operate as a revocation. And if for the space of fourteen days after a request in writing shall have been served by one party on the other party to appoint an arbi- trator such last-mentioned party shall fail to appoint such arbitrator, then upon such failure it shall be lawful for the Attorney-General for the time being of the said Colony, on the application of the party who has himself appointed an arbitrator, to appoint such arbitrator to act on behalf of both parties; and such arbitrator may procecd to hear and determine the matters which shall be in dispute, and in such case the award or determination of such single arbitrator shall be final and con- arbitration, elusive. And if before the matter so referred shall be determined any Proceedings in arbitrator appointed by either party shall die, or become incapable, or refuse, or for fourteen days neglect to act as arbitrator, the party by whom such. arbitrator was appointed may nominate and appoint in writing some other person to act in his place, and if for the space of seven days alter notice in writing from tlic other party for that purpose he fail to do so, the remaining or other arbitrator may proceed alonc ; and every arbitrator so to be substituted as aforesaid, shall have the same powers and authorities as were vested in the former arbitrator at the time of such his death, refusal, neglect, or disability as aforesaid. ease of ¢ bility of arbitrator. Where more than one arbitrator shall have been appointed, such Appointment of arbitrators shall, before they enter upon the matters referred to them, nominate and appoint in 'writing under their hands an umpire, to decide any matters on which they shall differ, or which shall be referred to them under the provisions of this Act, and if such umpire shall wnpire. Neglect to appoint umpire. In case of disability of single arbitrator. Arbitrators failing to make their award, matters referred to umpire. Arbitrators may order production of documents, &e. Declaration by arbitrators or umpire. Costs of arbitration, how to be borne. Costs may be taxed. Arbitrators or umpire to deliver award to company. 56° VIC. 1893. Hillgrove and Armidale W ater-power Electric. shall dic, or refuse, or for seven days neglect to act after heing called upon so to do by the arbitrators, or either of them, they shall forthwith after such death, refusal, or neglect, appoint another umpire in his place, and the decision of every such umpire upon the matters so referred to him shall be final. If in either of the cases aforesaid the arbitrators shall refuse, or for seven days after request of either party to such arbitrators neglect to appoint an umpire, it shall be lawful for the Attorney-General for the time being, on the application of either party to such arbitration, to appoint an umpire, and the decision of such umpire on the matters on which the arbitrators differ or which shall be referred to him under this Act shall be final. If when a single arbitrator shall have been appointed, such arbitrator shall die or become incapable, or shall refuse, or for fourteen days neglect to act before he shall have made his award, the matters referred to him shall be determined by arbitration under the provisions of this Act, in the same manner as if such arbitrator had not been appointed. If when more than one arbitrator shall have been appointed, and when neither of them shall die, become incapable, refuse, or neglect to act as aforesaid, such arbitrators shall fail to make their award within fourteen days after the day on which the last of such arbi- trators shall have been appointed, or within such extended term (if any) as shall have been appointed for that purpose by both of such arbitrators, under their hands, the matters referred to them shall be determined by the umpire to be appointed as aforesaid. The said arbitrator or arbitrators, or his or their umpire, may call for the production of any documents in the possession or power of cither party, which they or he may think necessary for determining the question in dispute, and may examine the parties or their witnesses on oath, and administer the oaths necessary for that purpose. Before any arbitrator oy umpire shall enter upon the consideration of any matter referred to him, he shall in the presence of a Justice of the Peace make and subseribe the following declaration, that is to say :-— I, A.B., do solemnly and sincerely declare that I will faithfully and honestly, and to the best of my skill and ability, hear and determine the matters referred to me under the provisions of the ** Hillgrove and Armidale Water-power Electric Com- pany (Limited) Act." Made and subscribed in the presence of C.D. And such declaration shall be annexed to award when made, and if any arbitrator or umpire having made such declavation shall wilfully act contrary thereto, he shall be guilty of misdemeanour. All the costs of any such arbitration and incident thereto shall be in the discretion of the arbitrators, and the costs of the arbitrators shall be borne by the parties in equal proportions, unless the amount awarded shall be one-fourth or more less than the amount which shall have been offered by the said company, in which case the whole costs of the arbitration, and also the costs of and incident to the said arbitration, shall be paid by the claimant: Provided that, if either party shall be dissatistied with the costs allowed by the said arbitrators as aforesaid, the costs may be taxed by the prothonotary or other proper officer of the Supreme Court, and the amount allowed by such officer shall be the amount of costs to be p: paid. The arbitrator, arbitrators, or wmpire shall deliver their or his award in writing to the said company who shall retain the same, and shall forthwith, on demand, at his or their own expense, furnish a copy to the other party, and shall at all times, on demand, at. the cost of the said 1893. 56° VIC. 27 Hillgrove and Armidale Water-power Elects said party, produce the said award, and allow the same to be inspected Compensation to be or examined by such party or any person appointed by him for that Matter nubdieation purpose, and the amount awarded shall be paid within sixty days after of ward. the publication of the award. The submission to any such arbitration may be made a rule of Submission may be the Supreme Court on the application of either of the parties. Supreme Court No award made with respect to any question referred to Award not to be arbitration under the provisions of this Act shall be set aside for iermuliciter irregularity or error in matter of form. . 14. The company may supply, Ict, hire, and scll to any corpora. The company may tion, person, mine, or building, electric-power or electricity upon such supply, &e. terms and conditions as may be agreed upon: And the company may Company may let let for hire to any consumer of clectricity supplied by measure, any ™" meter or instrument for measuring the quantity of electricity supplied and consumed, and any conduits and apparatus for the conveyance, reception, and storage of the elcetricity, for such remuncration in money as may be agreed upon between the company and the consumer, which shall be recoverable in the manner hereinafter mentioned. Such meters, jastruments, conduits, and apparatus shall not be sub- Meters not ject to distress for rent of the premises where the same are used, or {stinble, Xe. to be attached or taken in execution under any process of any Court of ly or equity, or under or in pursuance of any adjudication, seqies- tration, or order in. bankruptey, or other legal proceedings against or wlecting the consumer of the clectricity, or the occupicr of the premises or other the person in whose possession the meters, conduits, instruments, and apparatus may be ; and Every person who shall have agreed with the company for a Meter to be supplied supply of cleetricity by measure shall, at his own expense, tnless le Unnamed by hive a meter from the company, provide a meter, and keep and main- tain the same in good working ovder or condition, to the satisfaction of such officer as may be appointed by the company; and in the event of any repairs being required, notice in writing shall be immediately viven by such person to the company, and a registration of the quantity used shall be taken. before such repairs are effected ; and very person requiring to remove or alter the position of any Notice of removal, meter shall give six days' notice in writing to that effeet to the "rm company, and a registration of the quantity ef clectricity shall be taken before such removal or alteration is made; and if any person who, under the provisions hereinbefore contained Penalty for neglect ought to provide any meter, neglect or refuse, after having Deen ' Previte meter. required by the company so to do, to provide such meter, he shall for every such day, during which such neglect ov refusal continues, forfeit a sum not execeding two pounds; and If any person, who has provided any meter as aforesaid, fail to Penalty forneglecting vive the notice hereinbefore required of any repairs required for such wees notice or meter, he shall forfeit a sum not exeeeding ten pounds, and a further sum not exceeding five pounds for cach day (if more than one) that such meter remains unrepaired ; and If any person refuse or delay to have such meter properly Electricity may be repaired and put in correct working order atter having been required het eet meter not by any officer of the company so to do, the company may shut off the supply of electricity from the premises of such person, cither by cutting the conduits or serviec-pipe, or otherwise, until such meter shail have been properly repaired and certified by some officer of the company to be in proper working order; and » Hf aay plumber or other person fix or refix any meter upon. any Penalty for lixing premises supplied with cleetric-power by the company, without reted meter having first obtained a certificate from the company that the said meter has been examined and found correct, or in correct working order, he shall forfeit a stm of ton potneds 5 and If 28 56° VIC. 'Hillgrove and Ay inidate Ua ater "power | Eleetri ie. For removing meter If. any person remove or alter the position of, or in any way without notice, interfere with, any meter, without giving such notice as aforesaid, he shall for cach such offence forfeit a sum not exceeding ten. pounds over and above the damage which he may be found liable to pay in any action at law, at the suit of the company ; and Power to officers of The officers of the company may enter any house, building, or srepeet etre ands, to, through, or into which electricity i is supplic by 'the company xy Measure, in order to inspect the meters, instruments, conduits, and apparatus for the measuring, conveyance, reception, or storage of electricity, or for the purpose of ascertaining the quantity of electricity supplied or consumed, and may, from time to time, enter any house, building, or lands for the purpose of removing any meter, instrament, conduit, or apparatus, the property of the company; and if any person hinders any such officer from entering or making suchinspection, or effecting such removal, he shall for cach such offence be liable to a penalty not exceeding five pounds. ties sane the 15. If any person supplied by electricity by the company case of any breach of Wrongfully does, or causes or permits to be done, anything in contra- this Act motives or, Wention of any of the provisions of this Act, or w rongfully f fails to do . anything whieh under any of those provisions ought to be done for the prevention of the waste, misuse, or undue consumption of clectricity, the company (without prejudice to any remedy against him in respect thereof) may cut off any of the conduits or wires by or through which clectricity is supplied to him or for his use, and may cease to supply him with electricity as long as the cause of injury remains, or is not remedied ; and Penalty for waste of If any person supplied with electricity by the company wilfully motive power. or negligently causes or suffers any conduit or other apparatus to be out of repair, or to be so used or contrived that the electricity supplied to him by the company is or is likely to be wasted, misused, or unduly consumed, he shall for every such offence be liable to a penalty not exceeding twenty-five pounds, and a further sum not exceeding five pounds for each day (if more than one) that such offence continues ; and Penalty for destroy- If any person shall wilfully and maliciously destroy, injure, or ing works, Xe. damage, or attempt to destroy, injure, or damage any conduit. pipe, wire, or apparatus, or any of the works constructed under the authority of this Act, or wilfully and maliciously do any act calculated to render any part or parts of the machinery or works of the company, or their assigns, unworkable or defective, or whereby any electricity is or may he lost, wasted, misused, destroyed, or interrupted in any way, he shall be deemed guilty of a felony, and Hable to imprisonment, with or without hard labour, for any tcrvm not exceeding two years; and No wite to be fixed It shall not be lawful for the owner or occupier of any premises it 8 : . . without rer aintey supplied with electricity by the company, or any consumer of clec- of company. tricity of the company, or any other person, to affix, or cause or permit to be affixed, any conduit, wire, or apparatus to a conduit or wire, belonging to or used by such owner or occupier, consumer, or any other person, or to make any alteration in any such communica- tion, or conduit, or wire, or in any apparatus connected therewith, without the consent, in every such case, of the company. And if any person acts in any respect in contravention of the provisions of this section, he shall for every such offence be liable to a penalty not exceeding five pounds, or the company may recover damages in respect of any injury done to their property, and, without prejudice to their right, to recover from him the value of any electricity wasted, misused, or unduly consumed. Penalty for unlaw- If any person, to the injury of the company, wrongfully takes froin reservoirs, or uses any water from any reservoir, conduit, or any water-power from any pipe or conduit, belonging to the company, or from any pipe or 4893 de 56° VIC. Hillgroce and Armidale Watler-power Eeetric. ov conduit leading to ov from any such reservoir, water-course, conduit, or pipe, or from any cistern, or other like place, containing water or water-power belonging to the company, or supplied by them for the use of any consumer of the clectricity of the company, he shall for every such offence be liable to a penalty not exceeding five pounds ; and The surveyor or other person appointed for that purpose by the company, may, between the hours of nine o'clock in the fore- noon and four o'cloek in the afternoon, enter into any house or premises supplied with clectricity by the company, in order to examine if there he any waste or misuse of such motive power; and if such surveyor or other sueli person at any such time be refused admittance into such dwelling-house or premises for the purpose aforesaid, or be prevented from making such exaniination as aforesaid, the company may ttn off the motive-power supplied by it from such house or other premises. 16. Where several houses or parts of houses, buildings, or mines in the separate cceupation of several persons are supplied by one common conduit or wire, ov where clectricity is supplied to courts, alleys, and rights-of-way by conduits or otherwise, the several owners or oceupiers of such houses or parts of houses, buildings, or mines, ov of the several houses or parts of houses, in every court, alley, or right-of-way, shall be Hable to the payment of the same rates for the supply of motive-power as they would have heen liable to if each of such several houses or parts of houses, buildings, or mines had been supplied with motive-power from. the works of the company by a separate pipe. 17. The company are hereby authorised to make such charges, rates, and tolls for the supply of electricity as may be agreed upon by them and the persons to whom such electricity is supplicd by the company: Provided that in no case will the charge exceed one shilling per unit. "And the rates, charges, and tolls for electricity, and all sums due to the company under this Act, shall be paid by anc be recoverable from the occupier of the premises, or the person requiring, receiving, or using the supply of electricity. And if any person refuse or neglect to pay on demand to the company any rate, charge, or sum due to the company under this Act, the company may stop the clectr icity from flowing or going into or on the premises in respeet of whieh such rate, charge, or toll is payable by cutting off the conduit or wire to such premises by such means as the company shall think fit; and the company may sue for and recover the rate, charge, or toll due from such person with costs, and with the expenses of cutting off the electricity. And in all proceedings whatever for the recovery of any rates or charges under this Act, and in all other proceedings before justices in pursuance of this Act, it shall be lawful for the justice or justices in his or their diserction to award and order that the defendant shall pay such costs as to such justice or justices shall seem just and reasonable in that behalf; and the sums so allowed for costs shall in a cases be recoverable in the same manner and under the same rrants as any penalty or sem of money adjudged to be paid in and by such order is to be recoverable ; and in cases where there is no such penalty or sum to be thereby reeovered, then such costs shall be recoverable by distress and sale of goods and chattels of the party, and every W arrant for the recov ery of any so adjudged to be paid shall be in the form set forth in the Schedule hereto. 1s. Wherever by this Act authority is conferred cn the company to enter apon any land tor the purposes of this Act, or to do any act in or relating to the construction or maintenance of any work, the same Inspection of premises supplied with electricity. Where several houses supplied by one conduit, each to pay. Company may make charges. Rates to be recovers able from oceupier. Recovery of rates and charges. Power to award costs, Entry by agents. Penalties &c., to be summarily recovered before two justices. Damage to be made good in addition to penalty. Notices. Signature of notices, Rights, powers, &c., under this Act may be assigned, Xc., to incorporated companies. Minister may resame land upon notice. 56° VIC. 1893. Hillgrove and Armidale Wa aler-power Blectrie. same authority shall extend to all persons acting by direction of the company, and to all necessary agents, assistants, servants, workmen, means, and appliances whatsoever. 19. All offences against this Actor any by-law made hereunder shall be heard and determined in a summary wav by any two justices of the peace, or by any police or stipendiary magistrate. 90. If through any act, neglect, or default on account whereof any person shall have ineurred any penalty imposed by this Act, any damage to any conduit, main, pipe, wire, or other property of the company used in connection therewith shall have been committed by such person, he shall be liable to make good such damage; and if no penalty be imposed, then the amount of such damages shall, in case of dispute, be determined by the justices by whom the party incurring such penalty shall have been convicted ; and on non-payment of such damages on demand, the same shall be levied by distress, and such justices, or one of them, shall issue the warrant accordingly, 21. Any notice required by this Act, or any by-law or xegulation made thereunder, to be served on or given to any owner or occupier of any building, land, mine, or premises, or to any person, may he in writing or partly printed, or may be wholly printed. And it shall be sufficient for all purposes of this Act, unless the said Act in any case preseribes a different course to be pursued, if any such notice is sent by post to the owner by registered letter addressed to his last known place of abode or business, or is served on the owner or occupicr of such building, land, or premises, or left with some inmate apparently over the age of fourteen years, living at the place of abode of such owner or occupier, or (if there be no occupier) if such notice be posted on some conspicuous part of such building or land; and any notice required to be served or given in respect of any public street, road, or lane may be served on or sent by post as aforesaid to the secretary or clerk, or left at the office of the 'local authority having control of such street, road, or lane, or the portion thereof affected by the notice. Any notice required to be given by the company under this Act, shall be sufficient if signed by the legal manager of the company or by its solicitors. 22. It shall lic lawful for the company, at any time after the passing hercof, to assign, transfer, convey, and release to any company duly incorporated for that purpose, or to any local authority, association, syndicate, partnership, person, or persons, all or any of the rights, owers, authorities, privileges, liabilities, and obligations conferred id imposed upon them by this Act, together with all or any of the ands, tenements, and hereditaments, estates, chattels, and effects of every kind acquired by them under or in pursuance thereof, and purchased, occupied, or used in connection with the construction, maintenance, and working of the works hereby authorised ; and upon. and alter the completion of such assignment, transfer, conveyance, and release, the said company, local authority, association, syndicate, artnership, person, or persons, their officers, agents, and servants may awfully exercise and enjoy all the rights, powers, authorities, and privileges, and shall be and continuc to be subject to all liabilities, obligations, penalties, and forfeitures to which the company or their officers, agents, or servants would have been entitled or subject had no such assignment, transfer, conv eyance, and release been completed : Provided, "however, that nothing herein contained shall prejudice or affect any rights accrued, actions or "proceedings taken against, or habilities, obligations, penalties, or forfeitures incurred by the company before the completion of the said assignment, transfer, conveyance, and release. 23. It shall be lawful for the Minister, with the consent of the Governor in Council, at any time after the expiration of twenty-one years ol 1893. 56° VIC. MTiligrove and Armidale Water-power Hlectric. yours from the date of this Act being assented to by the Governor, to give the company notice of the intention of t ve Crown to resume any land comprised in any lease granted under the authority of this Act, and of the intention of the Crown to purchase the whole or any part of the land, machinery, and works belonging to the company, and which have been acquired, made, or creeted under t The amount of compensation to be paid to resumption by the Crown of the land comprised in any lease, and ve authority of this Act. the company upon the Compensation upon . resumption of land comprised in lease. the purchase of such land, machinery, and works shall not exceed the actual cost of bond fide construction of suc 1 machinery and works, which shall be determined as provided in clause thirteen of this Act, with an amount added equal to two years' basis of the last five years return. profit calculated on the 24. The company may from time to time make, alter, and Company may make repeal by-laws :—° by-laws. For regulating the form of contract to be entered into with the company and any other person, and generally for carrying into effeet the purposes of this Act. As to supplying electricity. For determining the time at which any charge for electricity shall be payable, and whether in advance or not. For regulating the form, material, dimensions, construction, and arrangement of pipes, conductors, conduits, wires, and other works supplying clectricity from the pipes, conduits, or wires of the company to adjacent premises; the time of exceuting and the notices to be given for such works; the superintendence thereof; the making good and replacing ground which may be displaced in the course of such works ; and for inspecting all works or appliances at reasonable times, whether situate within any building or otherwise. For regulating the construction, disposition, custody, and in- spection of meters. For preventing the use, directly or indireetly, of electricity supplied 1 $ > y y 4 by the company, by persons unauthorised by the company. For preventing the waste or misuse of electricity supplied by the company. For preventing persons from wilfully breaking, injuring, or interfering with any conduit, lock, valve, cock, engine, or work belonging to the company, and from doing any other wilful act whereby the clectricity supplied by the company may be wasted. Provided that such by-laws shall be subject to the approval of the Governor, and shall be published in the Gazetfe and a newspaper circulating in the district. 25. Every such by-law shall state a maximum penalty for the Penalties in by-laws. breach thereof, not in any case exeecding ten pounds. 26. In the exercise of the powers conferred by this Act, it shal] All reasonable be the duty of the company to make all reasonable prov prevention of danger to life arising from the transmitting or supplying of electri precautions to be sion for the taken against danger, gencrating, making, and city as aforesaid. 27. In the event of the said company not commencing' thicir Penalty for not works within six months and bringing the same into practical operation carrying out works, within cighteen months from the passing of this Act, all the rights hereby conferred upon the said company shall lapse. SCHEDULE. 56° VIC. 1893. The City Bank of Sydney. - SCHEDULE. Warrant of Distress. To constable at WHEREAS of in New South Wales, is liable to pay the sum of due to the " Hillgrove and Armidale Water-power Electrie Company (Limited)," as the lessee of a meter in or on a certain house, building, tenement, land, or premises situated in street in , and now oceupied by : And whereas the sum ot being due and payable on account of the use, supply, or consumption of motive-power or electric-power (as the case may be), and as is made to appear to me on the signing of this my warrant was duly recovered in mannev provided by the Act in that behalf by the said company on the day of in the year against the said who has not vet paid the same: These are therefore to require and authorise you forthwith to levy the said sum of , together with the costs of these presents, by distress and sale of the goods found by you in or on the said house, building, tenement, land, or premises, according to law, and that you certify to me on the day of what you shall do by virtue "oe this w arrant Given under my nand and seal this day of , in the year of our Lord one thousand eight hundred and (1.8.) J.P.