The Perth Gas Company's Act, 1886 time within the hours before-mentioned, such person shall for every such offence forfeit and pay to the Company a sum not exceeding Five pounds. rate and meter rent 33. If any person supplied with gas by meter or otherwise, or with Recovery of gas a meter by the Company under the provisions of this Act, or with pipes, burners, or lamps, or other gas fittings, shall fail or neglect to pay any gas rate or meter rent, or the price of such meter, pipes, burners, or lamps, or other gas fittings due for the same respectively to the Company for the space of forty-eight hours next after a demand of the amount due, signed by the secretary for the time being of the Company, shall have been left at or upon the building or premises so supplied, the Company may stop the supply of gas from entering the premises, by cutting off the service pipes, and by removing the meter, when such meter is the property of the Company, or by such other means as the Company shall think fit, and may recover the gas rate and the rent due for the meter, and the price of such meter pipes, burners or lamps, or other gas fittings from such person, if less than twenty pounds, together with the expenses of cutting off the gas and removing the meter, and the costs of recovering the rates or rents or price, in the same manner as any damages or sums of money for the recovery of which no special provision is made are recoverable under this Act, or if the rates or rents or price so due amount to twenty pounds and upwards, the Company may recover the same, together with the expenses of cutting off the gas and removing the meter, by action in any court of competent jurisdiction. 34. In all cases in which the Company is authorised to cut off and take away the supply of gas from any building or premises under the provisions of this Act, the Company, its manager, agent, or workmen, after giving twenty-four hours' previous notice to the occupier, may enter such building or premises between the hours of nine in the forenoon and four in the afternoon, and remove and carry away any pipe, meter, burner, fittings, or other apparatus the property of the Company. Provided, however, that all damages to property of whatever description occasioned by such removal as aforesaid shall be made good by and at the expense of the Company. Power to take away pipes, &c., when supply of gas discontinued gas 35. Every person who shall lay or cause to be laid any pipe to com- Undue use of municate with any pipe belonging to the Company without its consent, or shall wilfully and fraudulently or by culpable negligence injure any pipe, meter, burner, or other apparatus belonging to the Company as aforesaid, or shall alter the index to any meter or prevent any meter from duly registering the quantity of gas supplied, or who, in case the gas supplied by the Company is not ascertained by meter, shall use any burner other than such as has been provided or approved of by the Company or of larger dimensions than he has contracted to pay for, or shall keep the lights burning for a longer time than he has contracted to pay for, or shall otherwise improperly use or burn such gas, or shall supply any other person with any part of the gas supplied to him by the Company shall, without prejudice to any other right or remedy for the protection of the Company or the punishment of the offender, forfeit and pay to the Company the sum of Five pounds for every such offence, and also the sum of Forty shillings for every day such pipe shall so remain, or such pipe, meter, burner, or other apparatus shall Penalty for using the gas of the Company fraudulently Penalty for wilfully damaging pipes, &c. Damages for accidentally &c. The Perth Gas Company's Act, 1886 be so used, or such excess shall be so committed or continued, or such supply furnished, and the Company may take off the gas from the building and premises of the person so offending, notwithstanding any contract which may have been previously entered into and which may be then in existence. And in addition, the Company may recover the amount of any damage sustained by the Company by or through any such wrongful act or injury, in the same manner in which damages are made recoverable by this Act. 36. Every person who shall wilfully remove, destroy, or damage any pipe, pillar post, lamp post, plug, lamp, or other work or property of the Company for supplying gas, or who shall wilfully extinguish any of the public lamps or lights, or waste or improperly use any of the gas supplied by the Company, shall for each such offence forfeit and pay to the Company any sum not exceeding Five pounds, in addition to the amount of the damage done. 37. Every person who shall carelessly or accidentally break, throw damaging pipes, down, or damage any pipe, pillar lamp, lamp post, lamp iron, or other apparatus belonging to the Company or under its control, shall pay such sum of money and such costs, by way of satisfaction to the Company for the damage done, as any two Justices shall think reasonable, and the Company may recover the same, in the same manner as damages are made recoverable by this Act. Fittings not to be connected with mains without previous consent Costs of distress Penalty on company for causing water to be fouled Penalty to be sued for within 6 months 38. No person shall fit up any apparatus or fitting, whereby gas shall be obtained from any main or pipe belonging to the Company, without the consent in writing of the Company or its secretary, manager, or other officer first obtained for that purpose. And any person committing a breach of this clause shall forfeit and pay to the Company the sum of Five pounds for every such offence, and a further sum of Forty shillings for every day during which such offence shall continue. 39. Any Justice who shall issue a warrant of distress for the recovery of any money due to the Company, either by way of penalty or damages, or otherwise, may order that the costs of the proceedings for the recovery of the same shall be paid by the person or persons liable to pay the same money, and such costs shall be ascertained and included in the warrant of distress for the recovery of such money. 40. If the Company shall at any time wilfully or negligently cause or suffer to be brought or to flow into any river, stream, brook, creek, canal, reservoir, aqueduct, water-way, feeder, pond, spring-head, or well, or into any drain communicating therewith, any washings or other substance produced in the making or supplying gas, or shall wilfully do any act connected with the making or supplying of gas whereby the water in any river, stream, brook, creek, canal, reservoir, aqueduct, water-way, feeder, pond, spring-head, well, water-pipe, or water-course shall be fouled, the Company shall forfeit for every such offence the sum of Twenty pounds. 41. The said penalty of Twenty pounds shall be recovered, with full costs of suit, before any two or more Justices in a summary way, or in any Court of competent jurisdiction, by Her Majesty, or by the local authority, or by any person into whose water such washings or other substance shall be conveyed or shall flow, or whose water shall The Perth Gas Company's Act, 1886 be fouled by any such act as aforesaid; but such penalty shall not be recoverable unless it be sued for during the continuance of the offence, or within six months after it shall have ceased. 42. In addition to the said penalty of Twenty pounds (and whether such penalty shall have been recovered or not), the Company shall forfeit any sum not exceeding the sum of Five pounds (to be recovered in the like manner) for each day during which such washings or other substance shall be brought or flow as aforesaid or the act by which such water shall be fouled shall continue after the expiration of twenty-four hours from the time when notice shall have been served on the Company on behalf of Her Majesty, or by the local authority, or by any person into whose water such washings or other substance shall be brought or shall flow or whose water shall be fouled thereby. 43. Whenever any gas shall escape from any pipe laid down or set up by or belonging to the Company, the Company shall, immediately after receiving notice thereof in writing, take all necessary steps to prevent such gas from escaping; and in case the Company shall not, within two clear days next after service of such notice, effectually prevent the gas from escaping and wholly remove the cause of complaint, the Company shall for every such offence forfeit and pay the sum of Five pounds for each day during which the gas shall be suffered to escape after the expiration of two clear days from the service of such notice. Daily penalty for continuance of the offence Daily penalty during escape of to the Company gas after notice fouled with gas 44. Whenever any water within the limits herein before mentioned Penalty if water shall be fouled by the gas of the Company, the Company shall forfeit to the person whose water shall be so fouled for every such offence a sum not exceeding Ten pounds, and a further sum not exceeding Five pounds for each day during which the offence shall continue after the expiration of two clear days from the service of notice of such offence. 45. For the purpose of ascertaining whether such water be fouled by the gas of the Company, the person to whom the water supposed to be fouled shall belong, or the local authority, may dig up the ground and examine the pipes, conduits, and works of the Company, provided that such person or local authority before proceeding to so dig and examine shall give to the Company twenty-four hours' notice of the time at which such digging or examination is intended to take place; and also that such person shall give to the local authority a like notice where such digging or examination is to take place; and the Company shall, subject to the next clause of this Act, have the like obligation of reinstating the road, path, or pavement, and the same penalties for unnecessary delay, or any nonfeasance or misfeasance therein, as are hereinbefore provided with respect to roads, or the paths or pavements of streets broken up by the Company for the purpose of laying its pipes. 46. If upon any such examination it shall appear that such water has been fouled by any gas belonging to the Company, the expense of the digging and examination and of the repair of the street or place disturbed in any such examination shall be paid by the Company; but if upon such examination it shall appear that the water has not been fouled by the gas of the Company, the person or local Power to examine gas tain the cause of fouling, and given pipes to ascer notice to be Expense of abide result examination to How expenses to be ascertained No creditor of the Company allowed to re laid in streets or buildings The Perth Gas Company's Act, 1886 authority causing such examination to be made shall pay all such expenses to the Company, and shall also make good to the Company any injury which may be occasioned to the Company's works by such examination. 47. The amount of the expense of every such examination and repairs, and of any injury done to the Company or to its works, shall, in case of any dispute about the same, together with the costs of ascertaining and recovering the same, be ascertained and recovered in the same manner as damages for the ascertaining and recovery whereof no special provision is made are to be ascertained and recovered. 48. No judgment or other special or simple contract creditor of the Company shall, by or under any law, title, or pretence whatever, move pipes, &c., levy or seize in execution or in any way attempt to recover payment of any sum of money due to him from the Company by taking and removing any of the pipes or lamps of the Company laid, placed, or fixed in, under, upon, or through any street or road within the limits of this Act, or in any building not being in the occupation of the Company. Company may be indicted for nuisance 49. Nothing in this Act contained shall prevent the Company from being liable to an indictment for nuisance or to any other legal proNot exempt from ceeding to which they may be liable in consequence of their making or supplying gas, or shall be deemed to exempt the Company from the provisions of any Act relating to the public health. provisions of any Public Health Act Power of mayor, councillors, and to compulsorily purchase the Company's works 50. It shall be lawful for the mayor, councillors, and citizens of citizens of Perth the city of Perth, if they shall think fit, at any time after the thirtyfirst day of December, One thousand nine hundred and six, to purchase all the land, buildings, works, hereditaments, lamps, pipes, stock, and appurtenances of and belonging to the Company, in the name and on the behalf of the corporation, upon giving to the directors six calendar months' notice in writing of such intention so to do, and upon such terms and conditions as shall or may be mutually agreed upon between the directors and the corporation; but in case of any dispute or disagreement arising between the directors and the corporation respecting such purchase as aforesaid, then it shall be lawful for the directors or the corporation, if they or either of them shall think fit, to require that it shall be left to arbitration to determine what amount of purchase money shall be paid to the directors; and in the event of such arbitration being required, the corporation shall name one person and the directors another; and if such two persons cannot agree upon the amount to be paid to the Company, then the same shall be referred to the umpirage of some third person to be appointed by such two first-named persons previously to their entering upon the arbitration; and the determination of such arbitrators or umpire, as the case may be, shall be binding and conclusive on the said parties and their respective successors and assigns. Saving clause of Her Majesty's rights Application of damages and 51. Nothing in this Act contained shall be deemed or construed to affect any right, title, or interest of Her Majesty, her heirs or successors. 52. Where any damage is done to the Company's property, and any damages are awarded to the Company for such injury; and The Perth Gas Company's Act, 1886 where any penalty for an offence against the Company's property is 54. Subject also to the express provisions of this Act, all gas Recovery of gas rates, rent, damages, expenses, and other sums of money by this Act rates, &c. made payable to or by or recoverable by or against the Company shall, where the amount sought to be recovered does not exceed Twenty pounds, be recoverable in a summary way before two or more Justices, in the manner directed by an Ordinance passed in the session holden in the 14th year of the reign of Her Majesty Queen Victoria, No. 5, intituled 'An Act to facilitate the performance of the duties of Justices of the Peace out of Sessions, within the Colony of Western Australia, with respect to summary convictions and orders,' or any Ordinance passed for the amendment thereof; and where the amount sought to be recovered exceeds Twenty pounds, then the same shall be recovered by action in any court of competent jurisdiction. 55. Subject also to the express provisions of this Act, all offences against this Act, and all penalties imposed thereby, shall be prosecuted and recoverable in the same way and manner as is prescribed by section 56 of the general Act. Mode of prooffences and recovery of ceeding for penalties 56. Nothing in this Act shall prejudice or affect the rights or Saving clause remedies of the Company against any individual shareholder, or against any other person or persons whomsoever, or the rights or remedies of any individual shareholder, or other person or persons whomsoever against the Company, or prejudice the shareholders or other persons as between themselves as private individuals in respect of any act, business, matter, or thing that may, before this Act shall come into operation, have been done or entered into or have arisen in pursuance of or under, or by reason of the general Act or the articles of association of the Company, or any clause or clauses thereof respectively. 57. This Act shall be deemed and taken to be a public Act, and Act to be deemed shall be judicially taken notice of as such by all Judges, Justices, and a public Act others within the said Colony of Western Australia, without being specially pleaded. offences to be prosecuted within three 58. Except where otherwise provided by this Act, all informations and proceedings in respect of offences against this Act shall be commenced within three months after the offences thereby respectively months charged shall have been committed. 59. No order, judgment, warrant, or other proceeding made or purporting to be made under or concerning the conviction of any offender against this Act shall be quashed or vacated for want of form only, or be removed or removable by certiorari or by any writ or process whatsoever into any superior court of this Colony. F. NAPIER BROOME, GOVERNOR. No judgment, quashed for want of form or by certiorari &c., to be to be removed |