New South Wales: Wagga Wagga Gas Act of 1881 44 Vic (NSW)

Waaca Wacea Gas, Preamble. Authority to erect gasometers break up streets roads &ec. An Act to enable William Wark and John Anderson Wark to construct Gas-works within the Borough and Suburbs of Wagga Wagga. [4th April, 1881.] HEREAS it is expedient that the borough of Wagga Wagga and suburbs in the Colony of New South Wales should be supplied and lighted with gas And whereas William Wark and John Anderson Wark hereinafter designated the promoters desire to establish and carry out works for such purposes and other purposes incidental thereto in the said borough and suburbs And whereas the Municipal Council of the said borough have at the request of the said William Wark and John Anderson Wark and in consideration of the benefits to arise from the establishment and carrying out of such works consented to the vesting in the said William Wark and John Anderson Wark of all necessary powers and authorities so far as the rights and interests of the said Municipal Council are concerned Be it therefore enacted by the Queen's Most Excellent Majesty by and with the advice and consent of the Legislative Council and Legislative Assembly of New South Wales in Parliament assembled and by the authority of the same as follows :— 1. The promoters are hereby fully authorized and empowered themselves or by their servants contractors agents workmen and others from time to time to make erect sink lay place fit maintain and repair such retorts gasometers meters receivers cisterns engines machines cuts drains sewers watercourses pipes reservoirs buildings and other works and devices of such construction and in such manner as the 'promoters shall think necessary or proper for the purpose of carrying out the operations of the promoters in respect of and incidental to the making and supplying of gas in conformity with this Act and also for all such purposes to open and break up the soil and pavement of the several streets and bridges within the limits of the borough 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 or upon the same streets and bridges or against any wall or walls erected on or adjoining to any of them and to dig and sink trenches and drains and to lay mains "and pipes and put stop- cocks siphons plugs or branches from 'such mains or pipes in under across or along such streets and bridges and also with such consent as hereinafter mentioned to do the like in under across or along any private roads ways lanes passages buildings and places and from 1881. 44° VIC. Wag aga Way gga Gas. from time to time to cut stop remove alter repair replace and relay such main-pipes stop-cocks siphons plugs branches or other apparatus Provided always that nothing in this section contained shall be deemed to authorize the promoters their servants contractors agents or workmen. to enter into or upon any private lands buildings or places for any of the purposes aforesaid or thereon to carry out any of the operations of the promoters without the previous consent in writing of the occupiers thereof except that the promoters may at any reasonable time by themselves their servants agents or workmen enter upon any land or place wherein any pipe hath already heen lawfully laid down or placed in pursuance of this Act and repair or alter the existing pipe or lay or place any new pipe in the stead thereof And provided also that the promoters shall unless in case of accident give forty-cight hours notice in writing to the Council Clerk of the Municipality prior to the opening or breaking up as aforesaid of any street road pavement sewer drain or tunnel within the said M unicipality. 2. It shall be lawful for the promoters to contract with any person (whether incorporate or individual) for supplying with gas any such person or any strect way lane passage manufactory shop warehouse public or private house building or place and for such purpose from time to time to lay down carry 'fit up connect and furnish any pipe branch or burncr lamp meter or other apparatus from or in connection with any main pipe or to lay down any new main which for such purposes may be required and to let any such apparatus for hire for such sum as may be agreed upon which sum may he recovered in like manner as any rent or remuneration for the supply of gas Provided always that in all cases where damage may be done by the promoters their agents workmen or others in the course of laying on or removing apparatus the said damage shall be made good at the expense of the promoters and in case they shall delay within a reasonable time to make good such damage the owner or occupier of such premises may make good the same and recover the expense thereof from the said promoters in the same manner as is herein provided for the recovery of any sum of money payable under the provisions of this Act Pro- vided also that if any owner or occupier of any building tenement or place or any person acting for him shall refuse reasonable access in pursuance of the provisions of this section or the fifth section of this Act to the contractors agents workmen or servants of the promoters for the purpose of removing any such pipe burner meter or apparatus placed or introduced into any such Duilding tenement or place by the promoters or shall prevent or obstruct such removal then the said owner occupier or person acting for him shall immediately make pay- ment to the promoters for such pipe burner meter or apparatus and in default of his so doing within three days after demand thereof made at the same building tenement or place or the residence of the party it shall be lawful for the promoters to make complaint thereof before any Justice of the Peace who may cause to be issued a summons to the person so making default calling on him to shew cause before the nearest Court of" Petty Sessions to where the building tenement or place is situated why he refuses to pay such demand and ther eupon the said Court shall proceed to the adjudication and enforcement of such demand in the manner hereinafter set forth And if any person shall place or lay any pipe to communicate with any main-pipe meter or other apparatus already laid placed or erected by the said promoters or shall use additional burners or burners of larger dimen- sions or of other kind or description than that he has contracted with the promoters to use or shall keep the gas supplied by the promoters burning for a longer time than he has contracted with the promoters to pay for or shall supply any person with any of the gas supplicd to him by Power to make contracts for supply of gas. And carry out works for that purpose. Occupier obstructing removal of apparatus, Fraudulent use of gas obstruction of work men damages to apparatus. ot 44° VIC. 1881. Wagga Wagga Gas. by the promoters without their consent in writing first obtained or if any person shall wantonly or maliciously hinder or interrupt the contractors workmen agents or servants of the promotors in legally doing or per- forming any of the acts aforesaid or in exercising the powers and authorities by this Act given or if any person shall wilfully negligently or accidentally do or cause to be done any injury or damage to any of the buildings machinery pipes burners Jamps meters or apparatus of the promoters or remove the same or cause a waste or improper use of gas supplied by the promoters it shall be lawful for the promoters to make a complaint 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 where such offence shall be committed and being thereof lawfully convicted such person shall forfeit and pay to the promoters any sum not exceeding five pounds over and above all damages done and over and above all costs such sum to be ascertained by such Court and to be enforced by distress and all proceedings under this Act not herein expressly pro- vided for shall be regulated and conducted in accordance with the powers of the law in foree for the time-being respecting summary proceedings before Justices of the Peace and all such provisions shall so far as the same are applicable be enforced and observed in all proceedings under this Act not herein expressly provided for. Apperatus not liable 3. No pipe burner lamp meter or other apparatus of the r distress : : . . kee promoters being set up in any building tenement or place shall be subject to distress for rent or shall be taken in execution under any process or proceeding of any Court of Law or Equity or under any proceedings in bankruptcy or insolvency save so far as any process or proceedings against the promoters are concerned. Materials of streets 4. When and so often as the promoters their servants contrac- KC. '0. replaced. tors agents or workmen shall have opened broken up or removed the soil or pavement of any strect or bridge as aforesaid or shall have opened or broken up any sewers drains or tunncls within or under any such streets or bridges the promoters shall make all reasonable despatch 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 reinstate such pavement stone or other material and render such street or bridge and every such sewer drain and tunnel within or under the same as nearly as possible in the same condition as Barriers and lights to it was in previously to the disturbance thereof and during the con- ¢ kept up. . > i 7 . . tinuance of such work and until such reinstatement the promoters shall set up sufficient barriers and keep lights burning at night in order Nuisances. to prevent accidents And also when and so often as any gas pitch waste tar waste liquid or other things shall escape or flow from any pipe receivers 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 watercourse or body of water natural or artificial and render the same unhealthy or offensive or unfit for use it shall be lawful for any person to give notice thereof in writing to the promoters who shall immediately take the most speedy and effectual measures to prevent or remedy the same and if the promoters shall make dcfault in any of the matters so required by them to be performed it shall be lawful for any person to lodge complaint thereof before any Justice of the Peace who may summon the promoters 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 matters shall be done by the promoters 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 promoters and on proof that the complainant or any other person has performed the said work so to 1881. 44° VIC. 27 "Wagga Wagga Gas. to be done and of the costs charges and expenses attending the same shall issue a distress warrant against the goods and chattels of the promoters for any amount not exceeding the said charges and expenses and the cost of prosecuting such complaint to be paid to the person performing the said work as aforesaid. It shall be lawful for the promoters to cut off and take away Power to cut off gas the supply of gas from the building tenement or other place of every % defulter person or body making default in payment after giving twenty-four hours notice to the occupier and thenceforth to discontinue the supply of gas contracted for with the promoters by such person or body and to enter by themselves their agents or workmen into such building tenement or place between the hours of nine in the forenoon and four in the afternoon and remove and carry away any pipe burners lamp meter or other apparatus the property of the promoters and the promoters shall have the like powers with regard to cutting off taking away and discontinuing the supply of gas in the case of the building tene- ment or place of any person who shall have been lawfully convicted as hereinbefore provided of any fraudulent injury to any meter or apparatus on such premises or fraudulent use of the gas of the promoters And in case any person or body who shall contract with the Remedy for recovery promoters or agree to take or shall take or use the gas of the promoters °f rents of ens. in any building tenement or place or otherwise shall refuse or neglect to pay the sum or sums of money then due under his or their contract for the same to the promoters according to the terms and stipulations thereof it shall be lawful for the promoters to make complaints of such refusal or neglect before any Justice of the Peace who may cause to be issued a summons to the party so refusing or neglecting calling on him or them to show cause before the Court of Petty Sessions in the police district in which such building tenement or place is situated or such user took place why he or they' refuses or refuse to pay such sum or sums and thereupon the said Court shall procced to the adjudication of the said complaint and enforcement of the said demand and costs charges and expenses incurred in the prosecution thereof by distress and sale of the goods and chattels of the person or body so refusing or neglecting to pay. 6. The clerk engineer or other officer duly appointed for such Right of officer to purpose by the promoters may at all reasonable times enter any build- et premises. ing tenement or place lighted with gas supplied by the promoters in order to inspect the pipes burners lamps meters or other apparatus of or connected with the works of the promoters to regulate the supply of gas or to ascertain the quantity of gas consumed or supplied and if any person shall hinder any such officer as aforesaid from so entering or making such inspection as aforesaid at any reasonable time such person shall for every such offence forfeit and pay to the promoters a sum of money not execeding five pounds to be awarded and recovered by the promoters in like manner as the penaltics aforesaid. 7. Any person may appeal from the judgment or conviction of Appeal. any Court of Petty Sessions under this Act in the form and manner set forth in the Act of Council fifth William the Fourth number twenty-two. 8. Nothing in this Act contained shall be construed to prevent General rights any person from "indieting or otherwise proceeding either civilly or Bins' pemotes criminally against the promoters for nuisance or otherwise in respect of the works or means used or employed by the promoters in exercising the privileges hereby on them conferred or to prevent the promoters or any person from recovering any sum of money or otherwise proceeding in any Court of competent jurisdiction but the promoters or any person to whom any penalty or sum of money may by the provisions of this Act be awarded may elect cither to procced in manner in this Act provided or to procecd for and recover damages or otherwise in any Court of competent jurisdiction. ; 9. 28 44° VIC. 1881. Kurrajong Land and Riley-street Surry Hills Land Sales. If works not cone 9. Provided always that if within two years after the passing sealied and gas, of this Act the promoters shall not supply at a price agreed upon by years powers to cease, the promoters and the Borough Council of Wagga Wagga or if no such price shall be or have been agreed upon then at a reasonable price gas of a good quality and in sufficient quantity to light the roads and streets in W agga Wagea and all houses and buildings situate therein or if the said pr omoters shall after the said period of two years fail so to supply gas for any period exceeding twenty days then and in either of such cases all the powers hereby granted to or vested in the promoters shall thereupon cease and determine. Interpretation 10. The following words and expressions in this Act shall have clause, the meaning hereby assigned to them unless there be something either in the subject or context repugnant to such construction The word " promoters" shall mean the said William Wark and John Anderson Wark their representatives or assigns owners for the time-being of the Wagga Wagea Gas-works The expression "Wagga Wagga Gas-works" shall mean the gas-works and the works connected therewith by this Act authorized to be constructed The word " street" shall include any square court or alley highway lane road thoroughfare or other passage or place within the limits of this Act The expression " Borough of Wagga Wagga and Suburbs" shall comprise all that district which is included within a radius of five miles from the post office in the said borough Provided that it shall be lawful for the Governor at any time by proclamation in the Gazette to order that this meaning of the expression last aforesaid may for the purposes of this Act be extended to include any such other place or places as in such proclamation may be named and defined. Short title. 11, This Act may be cited as the " Wagga Wagga Gas Act of 1881."