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[graphic]

The Fremantle Gas and Coke Company's Act, 1886

building a proper and complete supply of gas, and for measuring and ascertaining the extent of such supply. Provided always, that nothing in this Act contained shall authorise or empower the Company to lay down or place any pipe or other works into, through, or against any building or in any land not dedicated to public use, without the consent of the owner and occupier thereof, except that the Company may at any time enter upon any land for the purpose of laying or placing, and may lay or place any new pipe in the place of an existing pipe in any land wherein any pipe shall have been lawfully laid down or placed, and may repair or alter any pipe so laid down. Provided Not to break up further, that no footpath shall be broken up for the purpose of laying footpath without any main or service-pipe without the consent of the local authority of the place or district within which it is proposed to lay such main or service-pipe.

consent

17. Before the Company proceeds to open or break up any street, road, sewer, drain, or tunnel, it shall give to the local authority under whose control or management the same may be, or to the clerk, surveyor, or other officer of such local authority, notice in writing of the Company's intention to open or break up th same not less than three clear days before beginning such work, except in cases of emergency arising from accidents to or defects in any of the pipes or other works, and then so soon as is possible after the beginning of the work or the necessity for the same has arisen; and also excepting for the purpose of connecting service-pipes to mains which have been previously laid, and in such cases one clear day's notice shall be sufficient.

18. No such street, road, sewer, drain or tunnel shall, except in case of emergency as aforesaid, and except as hereinafter provided, be opened or broken up, except under the superintendence of the local authority having the control or management thereof, or of its officer, and according to such plan as shall be approved of by the local authority or its officer, or in case of any difference respecting the plan, then according to such plan as shall be determined by two Justices, and such Justices may, upon the application of the local authority or its officer, require the Company to make such temporary or other works as the said Justices may think necessary for guarding against any interruption of the drainage during the execution of any works which interfere with any such sewer or drain. Provided always, that if no officer appointed by the local authority for the purpose shall attend at the time fixed for the opening of any such street, road, sewer, drain, or tunnel, after having had notice of the Company's intention as aforesaid, or if the local authority or its officer shall not propose any plan for breaking up or opening the same, or shall refuse or neglect to superintend the operation, the Company may perform the work specified in the notice without the superintendence of the local authority or its officer.

19. When the Company opens or breaks up any road, or the road, path, or pavement of any street, or any sewer, drain, or tunnel, the Company shall, with all convenient speed, complete the work for which the same shall be so opened or broken up, and fill in the ground and reinstate and make good, to the satisfaction of the local authority or its officer, the road, path, or pavement, or the sewer

Not to enter on without consent

private land

Notice to be

served before breaking up

streets, &c., or opening drains

Streets, &c., and drains not to be under superin

broken up except

tendence

Streets, &c.,

broken up to be reinstated with

out delay

Penalty for breaking up without notice or delay in reinstating

In cases of delay

other parties may recover expenses

Company to make compensation for any damage

The Fremantle Gas and Coke Company's Act, 1886

drain, or tunnel, so opened or broken up, and carry away the rubbish occasioned by the work; and the Company shall at all times, whilst any such road, path, or pavement shall be so opened or broken up, cause the same to be properly guarded, and shall cause a light sufficient for the warning of passengers to be set up and maintained against or near such road, path, or pavement, where the same shall be opened or broken up, every night during which the same shall be continued open or broken up, and shall keep the road, path, or pavement which has been so broken up in good repair for two months after replacing and making good the same, and for the further time (if any), not being more than three months in the whole, during which the soil so broken up shall continue to subside.

20. If the Company opens or breaks up any street, road, sewer, drain or tunnel, without giving such notice as aforesaid, or in a manner different from that which shall have been approved of or determined as aforesaid, or without making such temporary or other works as aforesaid when so required (except in the cases in which the Company is by this Act authorised to perform such works without any superintendence or notice), or if the Company makes any unnecessary delay in completing any such work or in filling in the ground or reinstating and making good the road, path or pavement, or the sewer, drain or tunnel so opened or broken up, or in carrying away the rubbish occasioned by the work, or if the Company neglect to cause the place where such road, path, or pavement has been broken up to be properly guarded and lighted, or neglects to keep the road, path, or pavement in repair for the space of two months next after the same is made good, or such further time as aforesaid, the Company shall incur a penalty not exceeding Five pounds for every such offence, and the Company shall incur an additional penalty of Forty shillings for each day during which any such delay as aforesaid shall continue after the Company shall have received notice thereof.

21. If any such delay or omission as aforesaid take place, the local authority having the control or management of the street, road, sewer, drain, or tunnel in respect of which such delay or omission shall take place may cause the work so delayed or omitted to be executed and performed, and the expense of executing and performing the same shall be repaid to such local authority by the Company, and such expenses shall be recoverable in the same manner as damages are recoverable under this Act.

22. The Company shall do as little damage as may be in the execution of the powers by this Act granted, and shall make compensation for any damage which may be done in the execution of such

powers.

Power to local

of

pipes, &c.

23. If at any time any local authority shall deem it necessary or authority to alter expedient to require the Company to raise or sink or otherwise alter the situation of any of the pipes which shall be laid down for the purposes of the Company, or to alter the situation of any pipes which shall have been laid down contrary to any of the provisions of this Act, the Company shall, within ten days next after being required so to do by notice in writing, raise or sink or otherwise alter the situation of such pipes according to the notice. And in default of the Company so

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The Fremantle Gas and Coke Company's Act, 1886

doing, it shall be lawful for the local authority to cause such pipes to be so raised or sunk or the situation thereof otherwise altered, and the expense of doing the work shall, with respect to any pipes which shall have been laid down contrary to any of the provisions of this Act, either be paid by the Company or repaid by the Company to the local authority; and the expense of doing the work with respect to any other pipes shall either be paid by the local authority or repaid by the local authority to the Company, as the case may require. And such expenses respectively shall be recoverable in the same manner as damages are recoverable under this Act. Provided that if in raising or sinking or otherwise altering any of the pipes of the Company, any injury shall be wilfully or negligently done to the same by any person employed by the local authority, compensation shall be made by the local authority to the Company for such injury, and the amount of such compensation may be ascertained and recovered in the same manner as damages are recoverable under this Act.

24. Subject to the provisions of this Act, as hereinafter contained, the Company may from time to time enter into any contract with any person for lighting, heating, or supplying with gas any public or private building, or for providing any person with pipes, burners, meters, or lamps and other gas fittings and things, and for the repairs thereof. And may also from time to time enter into any contract with the local authority, and with other persons having the control of the streets or roads within the limits of this Act, for lighting the same or any of them with gas, and for providing any such local authority or persons with lamps, lamp posts, burners, and pipes, and other gas fittings and things for such purpose, and for the repairs thereof, in such manner and upon such terms as shall be agreed upon between the Company and the said local authority or other persons.

25. The price of gas to be supplied by the Company to private consumers shall be uniform throughout the limits of this Act, and the Company shall supply with gas, at the current price charged by it for the time being, any person demanding such supply who occupies or owns premises abutting on any street or road at a distance of not more than eighty feet from any one of the Company's mains and who is not at the time of requiring to be so supplied, indebted to the Company, and who shall in all respects conform to the conditions of the Company for the time being in such like cases.

Power of Cominto contracts for lighting

to enter

sumers to be

Price of gas to private colluniform, and for and occupiers

supply to owners

26. In the absence of any special contract with the local authority, Price of gas to the price to be charged by the Company to such local authority for all local authority gas supplied to it shall be less, by ten per centum, than the price charged by the Company for the time being to private consumers.

pany to let

27. The Company may let for hire any meter for ascertaining the Power to Comquantity of gas consumed or supplied, and any fittings for the gas, at meters and gas such rent or for such remuneration in money as shall be agreed upon fittings between the Company and any person to whom the same may be let,

and such rent or remuneration shall be recoverable in the same manner as the rent or sums due to the Company for gas, and such meters or fittings shall not be subject to distress for rent or to be taken in execution under any process of any court of law or equity against the person in whose possession the same may be, nor be affected by any adjudica

Charge for supply of gas by meter

Quality of gas

Incoming
tenant not liable
to pay arrears of
gas rates, &c.

Power for local authority to appoint inspector of meters

The Fremantle Gas and Coke Company's Act, 1886

tion or other proceedings in bankruptcy or sequestration of the estate
of
any such person.

28. The maximum price at which gas shall be sold by the Company to private consumers who shall burn the same by meter shall not exceed One pound per thousand cubic feet, and the Company shall not be entitled to charge a higher rate for gas supplied by contract to any person, and the maximum rent on meters supplied or let for hire by the Company shall not exceed fifteen per centum per annum on the cost price in Fremantle of the meter used. If the Company shall charge any price or rate in excess of the above rate for any gas supplied, or any rent on meters let for hire beyond the rent above fixed, the Company shall not be entitled to receive payment for any gas supplied or rent for any meter so let for hire at such excessive price or rate or at such increased rent, and the Company shall also be liable to a penalty of not exceeding Five pounds for each day during which such excessive price or rate for gas or rent for meters shall be charged.

29. All the gas to be supplied by the Company shall be of such minimum quality as to produce from an argand burner, having fifteen holes and a seven-inch chimney and consuming five cubic feet of gas per hour, a light equal in intensity to the light produced by twelve sperm candles of six in the pound, burning one hundred and twenty grains per hour; and the Company shall provide the necessary apparatus for testing the illuminating power of the gas, which apparatus shall at all reasonable times be available for use by the local authority, or any of its officers, for the purposes of testing such illuminating power.

30. In case any consumer of gas supplied by the Company shall leave the premises where such gas has been supplied to him, without paying the gas rate or meter rent due from him to the Company, the Company shall not be entitled to require from the next incoming tenant or occupier of such premises the payment of the arrears left unpaid by the former tenant, unless such incoming tenant or occupier has undertaken with the former tenant to pay or exonerate him from the payment of such arrears.

31. It shall be lawful for the local authority to appoint, and from time to time to remove and again appoint, an inspector of meters to be paid by such local authority, and such inspector shall have at all times, on the application and at the expense of any consumer of gas supplied by the Company, a right to inspect and test the meters erected by the Company on the premises of the person making such request, after giving forty-eight hours' notice of such intended inspection to the Company or to its manager or other officer, and before such inspection the person requiring such inspection shall deposit in the hands of the inspector all money due or appearing to be due by such person to the Company on an account delivered; and in case such deposit shall on inquiry be found to be in excess of the sum found to be due to the Company, such excess shall be returned to the consumer with all charges of inspection paid by him.

Company's

32. The manager, clerk, engineer, or other officer or servant of the officers may enter Company duly appointed for the purpose by the Company may, at all

buildings for as

reasonable times between the hours of nine a.m. and nine p.m., enter

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The Fremantle Gas and Coke Company's Act, 1886

any building or place lighted with gas supplied by the Company in order to inspect the meters, pipes, burners, or other apparatus for regulating the supply of gas, and for the purpose of ascertaining the quantity of gas consumed or supplied; and if any person shall hinder such manager, clerk, engineer, officer, or servant as aforesaid from entering and making such inspection as aforesaid at any reasonable 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.

certaining quan tity of gas con

sumed

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 of such person, 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 not exceeding 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 damages are made recoverable under this Act, or if the rates or rents or price so due exceed Twenty pounds, the Company may recover the same, together with the expenses of cutting off the gas and removing the meter, and costs as aforesaid, 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.

when supply of

Power to take away pipes, &c., gas discontinued

35. Every person who shall lay or cause to be laid any pipe to Undue use of gas communicate 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

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