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The Fremantle Gas and Coke Company's Act, 1886

Penalty for frauclulently using the gas of the Company

Penalty for wil fully damaging pipes, &c.

Damages for accidentally lamaging pipes, &c.

manner as

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 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 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 damages are made recoverable by this Act.

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 F'ive 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 or by 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 or the Company liable to pay the same money, and such costs shall be ascertained and included in the warrant of distress for the recovery

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, springhead, 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, springhead, well, water-pipe, or water-course shall be fouled, the Company shall forfeit for every such offence the sum of Twenty pounds.

Fittings not to
be connected
with mains with-
out previous
consent

Costs on distress

of such money.

Penalty on Company for causing water to be fouled

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The Fremantle Gas and Coke Company's Act, 1886

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41. The said penalty of Twenty pounds shall be recovered, with Penalty to be full costs of suit, before any two or more Justices in a summary way, 6 months 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 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 Daily penalty such penalty shall have been recovered or not), the Company shall of the entirenone 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 Daily penalty up by or belonging to the Company, the Company shall, immediately during escape of after receiving notice thereof in writing, take all necessary steps to to the Company 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.

44. Whenever any water within the limits hereinbefore mentioned Penalty if water shall be fouled by the gas of the Company, the Company shall forfeit fouled with gas 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 Power to by the gas of the Company, the person to whom the water supposed to pipes to discerbe fouled shall belong, or the local authority, may dig up the ground tain the cause of and examine the pipes, conduits, and works of the Company, provided notice to be that such person or local authority before proceeding to so dig and given 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 Expense of has been fouled by any gas belonging to the Company, the expense

of

examination to abide result

The Fremantle Gas and Coke Company's Act, 1886

How expenses to be recovered

No creditor of the Company allowed to remove pipes, &c.,

be indicted for nuisance

Act

Power of com

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 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, may, in case of any dispute about the same, together with the costs of ascertaining and recovering the same, be recovered in the same manner as damages are made recoverable by this Act.

48. No judgment or other special or simple contract creditor of the Company shall, by or under any law, title, or pretence whatever, levy

or seize in execution or in any way attempt to recover payment of any &c., or buildings 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 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 provisions of any or supplying gas, or shall be deemed to exempt the Company from the

provisions of any Act relating to the Public Health.

50. It shall be lawful for the mayor, councillors, and burgesses of pulsory pur. the town of Fremantle, if they shall think fit, at any time after the

thirty-first 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 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.

51. Nothing in this Act contained shall be deemed or construed Her Majesty's

to affect any right, title, or interest of Her Majesty, her heirs or rights

52. Where any damage is done to the Company's property, and any damages are awarded to the Company for such injury; and where

chase by Town Council

Saving clause of

successors.

Application of damages and

1

The Fremantle Gas and Coke Company's Act, 1886

&c.

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any penalty for an offence against the Company's property is directed penalties directed by this Act to be paid to the Company, such damages or penalty Company respectively shall be paid to the Company for its own use.

53. Subject to the provisions of this Act, one moiety of all penalties Application of imposed or recovered under this Act, where the application is not

other penalties otherwise provided for, shall be paid to the informer, and the other moiety to the local authority.

54. Subject also to the express provisions of this Act, all gas-rates, Recovery of gas rent, damages, expenses, and other sums of money by this Act made rates, damages, 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 Ordinance 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 Mode of proceerdagainst this Act, and all penalties imposed thereby, shall be prosecuted ing for offencer and recoverable in the same way and manner as is prescribed by sec- penalties tion 56 of the general Act.

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.

58. Except where otherwise provided by this Act, all informations Offences to be and proceedings in respect of offences against this Act shall be com- prosecuted with:menced within three months after the offences thereby respectively charged shall have been committed.

59. No order, judgment, warrant, or other proceeding made or pur- No judgment, porting to be made under or concerning the conviction of any offender quashed for want against this Act shall be quashed or vacated for want of form only, or of former to be be removed or removable by certiorari or by any writ or process

whatsoever into any superior court of this Colony.

F. NAPIER BROOME,

GOVERNOR.

in three months

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certiorari

The Fremantle Gas and Coke Company's Act, 1886

SCHEDULE

WESTERN AUSTRALIA
• THE FREMANTLE GAS AND COKE COMPANY, LIMITED'

Transferable by delivery
(Under the authority of The Fremantle Gas and Coke Company's Act, 1886')

This Debenture entitles the bearer to the sum of one hundred pounds on the day of

with interest thereon in the meantime at the rate of

per centum per annum payable half-yearly on the
day of
and the

day of
year, as per dividend coupons annexed; which principal sum and interest are
hereby charged and secured upon the undertaking, rates, and other revenues of
* The Fremantle Gas and Coke Company, Limited. And such principal sum and
interest are payable at the Office of the Company in Fremantle.
Given under the common seal of the Company, at Fremantle, aforesaid, this
day of

18

in every

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Preamble

Short title

No. 1
An Act to give the Commissioner of Railways power

to appoint and dismiss certain classes of Railway
Servants.

[Assented to 22nd July, 1887. E it enacted by His Excellency the Governor of Western Australia

and its Dependencies, by and with the advice and consent of the Legislative Council thereof, as follows:

1. That this Act may be cited as The Railway Servants Act, 1887.'

2. That the Commissioner of Railways shall have the power of appointing, of fining, and of dismissing, whether summarily or otherwise, any person falling within any class of railway servants in the Schedule to this Act mentioned.

3. That all such appointments, fines, and dismissals be subject to the approval of the Governor.

4. That any fines levied and paid under the provisions of this Act shall not become and form part of the General Revenue of the Colony, but shall be paid to the Railway Servants’ Benefit Society.

F. NAPIER BROOME,

GOVERNOR.

('ommissioner of
Railways to
have power to
dismiss certain
persons

Approval of the
Governor

Fines to be paid to Railway Servants' Benefit Society

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