An Act to incorporate the Parramatta Gas Company (Limited). [13th August, 1872.]

WH E R E A S a Jo in t Stock Company called t he P a r r a m a t t a Gas Company (Limited) has been lately established a t P a r r a m a t t a

in t he Colony of New South Wales under and subject to t he rules regu­lations and provisions contained i n a certain deed of se t t lement bear ing date t he s i x t h day of October one t h o u s a n d eight hundred and seventy-one purpor t ing to b e t he deed of se t t lement of t he said Company A n d whereas by t he said deed of se t t lement t h e several part ies there to have respectively and mu tua l ly covenanted and agreed tha t they whilst hold ing shares in t he capi tal of t he Company should become remain and cont inue un t i l dissolved unde r t h e provisions in t h a t behalf there in contained a J o i n t Stock Company for t h e express object of carrying on the b u s i n e s s thereof unde r t he n a m e style and t i t le of t he P a r r a m a t t a Gas Company (Limited) for the purpose of producing inflammable air or gas f r o m coal oil t a r p i tch or other mater ia l and for l igh t ing and supplying w i t h gas all publ ic and pr ivate places roads streets and bui ldings w i t h i n t h e t o w n of P a r r a m a t t a in t he Colony of New South Wales and its suburbs and also for manufac tu r ing selling or disposing of all and every p roduc t refuse or r e s iduum to be obtained from the mater ia l used i n such business A n d for t he purposes aforesaid to purchase or lease lands offices a n d bui ldings and m a k e erect s ink lay place a n d fix such re tor ts gasholders mete rs receivers cis terns engines machines cuts d r a i n s sewers water-courses pipes reservoirs and bui ldings of such c o n s t r u c t i o n and in such m a n n e r as should be deemed necessary and proper for t he purpose of car ry ing t h e objects of t he said Company into execut ion A n d whereas by the said deed of se t t lement it was fur ther agreed t h a t t he capital of t he Company should consist of n ine thousand pounds to be cont r ibuted in shares of five pounds each and of such fur ther sum a n d sums of money as should be raised by the creat ion a l lo tment and sale of new shares for t he l ike a m o u n t as the re in provided A n d tha t t h e said Company should commence i ts operations so soon as t w o - t h i r d s of t he shares of t he Company should have been t aken up and the proprietors thereof should have executed the said deed of se t t lement A n d whereas by t he said deed of se t t lement pro­vision has been made for t he due m a n a g e m e n t of the affairs of the said Company by cer ta in Directors a l ready appointed and by other Directors to be from t ime to t ime elected and appointed as their successors by the shareholders of t he said Company and also for t he disposal and applicat ion of t he profits and the p a y m e n t of dividends and bonuses A n d whereas t he said Company is desirous of being incorporated and i t is expedient t h a t t he said Company should be incorporated accordingly Be it therefore enacted by t h e Queen 's Most Exce l l en t Majesty by and w i t h t he advice and consent of t he Legis­lat ive Council and Legislat ive Assembly of N e w South Wales in Par l i ament assembled and by the au thor i ty of t h e same as follows :—

1. The following words a n d expressions in this A c t shall have t he several meanings hereby assigned to t h e m unless there be something in t he subject or t h e context r epugnan t to such construct ion t h a t is to say—The expression " t h e Company" shall mean the Company incor­pora ted by this A c t The expression " t he Direc tors" shall m e a n t he Board of Directors of t he Company duly appointed under t he provisions of t he deed of se t t lement of t he Company The word " Shareholder" shall m e a n shareholder proprietor or member of the Company The expression " Deed of Se t t l ement" shall mean t h e deed of se t t lement of

the

t he Company a n d any addit ion to a l terat ion or a m e n d m e n t thereof which m a y be made in pursuance of the provisions thereof.

2. Such and so many persons as have already become or a t any t ime or t imes hereafter shall or m a y in t h e m a n n e r provided by and subject to t he ru les regula t ions and provisions contained in t he said deed of se t t lement become holders of shares of or in t he capi tal for t he t i m e being of t he Company shall subject nevertheless to t he condit ions regulat ions and provisions hereinafter contained be one body politic and corporate by n a m e and in deed by the name of " The P a r r a m a t t a Gas Company (L imi t ed ) " and by t h a t n a m e shall and m a y gran t and receive and shall and m a y sue and implead any person whe ther a member of t he Company or not and m a y be sued and impleaded by any person whe the r a member of t he Company or not in all Courts whatsoever a t law or in equi ty and m a y prefer lay and prosecute any ind ic tmen t information or prosecution against any person whomsoever whe the r a shareholder or not for any cr ime or offence whatsoever and in all indict­men t s informations and prosecut ions i t shall be lawful to s ta te t h e money goods effects bills notes securities or other proper ty of whatso­ever n a t u r e of the Company relat ive to which such indic tment infor­ma t ion or prosecut ion is preferred laid or prosecuted to be t h e money goods effects bills notes securities or o ther p roper ty of t h e Company and general ly to designate t h e Company by its corporate n a m e when­ever for any purpose whatsoever such designation shall be necessary and the Company shall have perpe tua l succession wi th a common seal which m a y be al tered varied and changed from t ime to t ime a t t he pleasure of t h e Company.

3. The several laws rules regulat ions clauses and agreements conta ined in t h e deed of se t t lement or to be made in pur suance of t h e provisions for t h a t purpose there in contained are and shall be t h e by­laws for t h e t ime-being of t he Company save a n d except in so far as any of t h e m are or shall or m a y be a l te red varied or repealed by or are or shal l or m a y be inconsis tent w i th or r e p u g n a n t to any of t h e provisions of this Act or any of t h e laws or s ta tu tes now or hereafter to be in force in t he said Colony subject nevertheless to be and t h e same m a y be amended altered or repealed ei ther wholly or in pa r t in t h e m a n n e r provided b y the said deed of se t t lement B u t no ru le or by-law shall on any account or p re tence whatsoever be made by the Company ei ther unde r or by v i r tue of t he said deed of se t t lement or of th i s A c t in opposition to t he general scope or t r u e i n t en t and mean ing of t h e said deed of se t t lement or of this A c t or of any of t he laws or s ta tu tes in force in t he said Colony for t h e t ime-being Provided always t h a t no clause in t he deed of se t t lement or any by-law made in pursuance of t h e said deed or of this A c t shall be t aken to affect any person who has no t executed t he said deed or t he cestui que t rus t of any share in t he said Company.

4. The produc t ion of a wr i t t en or pr in ted copy of t he said deed of se t t lement or of any rules by-laws or regula t ions to be made in pur suance thereof or in pursuance of th is Ac t hav ing t h e common seal of t h e Company affixed there to shall be sufficient evidence in every Cour t of civil or cr iminal jur isdic t ion of such deed of se t t lement or of such by-laws rules or regula t ions .

5. I t shall be lawful for t h e Company subject to t h e res t r ic t ions a n d provisions here in and in t h e said deed of se t t lement conta ined to p roduce or ex t rac t inflammable air or gas from coal oil t a r p i tch or o ther mate r ia l A n d to l ight a n d supply wi th gas all publ ic a n d pr iva te places roads s t reets and bui ld ings wi th in t he town of P a r r a ­m a t t a in t h e Colony of N e w South Wales a n d its suburbs a n d to manufac tu re sell or otherwise dispose of all and every p roduc t refuse or r e s iduum to be obta ined from t h e mate r ia l used in such business

A n d

A n d for t he purposes aforesaid to purchase and cont rac t for t he pro­cu r ing of coal and o ther mater ia l s as aforesaid and to purchase or lease lands offices a n d bui ld ings and m a k e erect sink lay place a n d fix such re to r t s gasholders me te r s receivers cis terns engines machines cu ts drains sewers water-courses pipes reservoirs and bui ld ings of such cons t ruc t ion and in such m a n n e r as shall be deemed necessary a n d p roper for t h e purpose of ca r ry ing t h e objects of t he said Company in to execut ion .

G. I t shal l be lawful for t h e Company from t i m e to t ime to ex tend or increase i ts capital for t h e t ime-being by t h e creation and disposal of new shares in t h e m a n n e r specified a n d set for th a n d subject t o t h e ru les regula t ions a n d provisions conta ined in t h e said deed of se t t lement .

7. I t shall be lawful for t h e Direc tors from t ime to t ime as they shall see fit in t h e m a n n e r specified in t he deed of se t t lement to m a k e accept and indorse such promissory-notes or bills of exchange on behalf of t h e Company for any purposes connected wi th t h e affairs a n d business of t h e Company and the m a k i n g accept ing and endors ing of any such promissory-notes or bills of exchange by the Cha i rman of t h e Company and a t least one o ther Director author ized in t h a t behalf by t h e Direc tors for and on behalf of t h e Company shall be b ind ing on the Company A n d i t shall be also lawful for t he Directors on behalf of t h e Company to procure advances a n d to borrow money and to pay off and discharge such advances in t he m a n n e r for t h e purposes and subject to t he res t r ic t ions specified in t h e said deed of se t t lement .

8. Al l t he l ands securit ies covenants debts moneys choses in act ion and th ings a t p resen t vested in t he Trus tees of t h e Company or any other person on behalf of t h e Company shall immedia te ly after t he pass ing of th is A c t become vested in t h e Company for t h e same estate and in teres t a n d wi th t h e l ike powers and au thor i t ies as t h e same are now vested in t he said Trustees or o ther person wi thou t a n y ass ignment or conveyance whatever .

9. N o t h i n g in th i s A c t conta ined shall prejudice or be construed to prejudice any call made or any cont rac t or o ther act deed m a t t e r or t h i n g en te red in to made or done by t h e Company or by any person on behalf of t he Company under or by v i r tue of t h e deed of se t t lement before th i s Ac t come in to operat ion b u t t he same call cont rac t ac t deed m a t t e r or t h ing shall be as valid and effectual to all in ten t s and purposes and m a y be enforced in l ike m a n n e r as if t h e Company h a d been incorporated before t h e same call cont rac t act deed m a t t e r or t h i n g h a d been m a d e entered into or done.

10. The shares in t h e capi tal of t h e Company a n d all t h e funds and proper ty of t h e Company and all shares the re in shall be personal estate and t ransmiss ible as such subject to t he res t r ic t ions for t h a t purpose conta ined in t he said deed of se t t lement and shall not be of t h e n a t u r e of rea l estate .

1 1 . Subject to t h e restr ict ions for th i s purpose in t h e said deed of se t t lement contained every shareholder m a y sell and transfer all or a n y of his shares in t h e capital of t he Company (but not a fractional p a r t of a share) and every such transfer shall be by deed and according to a form to be approved of by the Directors and t h e transferee of such shares shall so soon as he has complied wi th t h e provisions relat ive to t he transfer of shares contained in the said deed of se t t l ement become a shareholder in respect of t he same shares in every respect .

12. The Company shall no t be bound to not ice or see to t h e execut ion of any t ru s t whe the r express implied or construct ive to which any share m a y be subject and the receipt of t h e pa r ty in whose n a m e any sha re shall s tand in the books of t he Company or if it s tands

in

in t h e n a m e of more par t ies t h a n one t he receipt of one of t h e par t ies n a m e d in t h e share regis ter hereinafter ment ioned shall from t ime to t ime be a sufficient discharge to t h e Company for any dividend or o ther sum of money payable in respect of such share no twi ths tand ing any t r u s t t o which such share m a y t h e n be subject and no twi th ­s tand ing t h a t t he Company have had notice of such t rus t s and t h e Company shall no t be bound to see to t h e appl icat ion of the money paid upon such receipt .

13 . I n case t h e Assignee of any insolvent shareholder shall elect to accept t h e shares of such insolvent or in case t he Trus tees of any es ta te assigned for t he benefit of creditors shall elect t o accept t h e shares be longing to such assigned estate such Assignee or Trustees shall for thwith nomina t e some other person to become a propr ie tor in respect of such shares such nominee to be subject to t he approval of t h e Directors B u t in no case shall such Assignee or Trus tees be themselves ent i t led to become shareholders in respect of t h e shares of any insolvent shareholder or of any shareholder whose estate shal l have been so assigned as aforesaid.

14. I t shall be lawful for t h e Company no twi ths t and ing any s t a tu te or law to t h e cont ra ry to pu rchase take hold and enjoy to t h e m and their successors for any estate t e r m of years or interest any lands houses offices bui ldings and hered i taments as may be necessary or p roper for t h e purpose of manag ing conduct ing and ca r ry ing on t h e affairs concerns and business of t he Company A n d to sell convey assign assure demise or otherwise dispose of or act in respect of such lands houses offices bui ldings and heredi taments as occasion m a y require .

15 . I t shall be lawful for any person who is competent so to do to g ran t sell al ien release and convey assign assure demise and dispose of u n t o and to t h e use of the Company and the i r successors for t h e purposes aforesaid or any of t h e m any such lands and hered i taments .

16. I n any act ion or suit to be b rought by t he Company agains t any shareholder to recover t he money due for or in respect of any call m a d e by v i r tue of th i s Ac t or of t he said deed of se t t lement it shall be sufficient for t he Company to declare and allege t h a t t he defendant be ing t h e propr ie tor of such or so m a n y shares in the capital of t h e Company is indebted to t he Company in such sum of money as t he call i n ar rears shall a m o u n t to for such call of such sum of money upon such share or so m a n y shares belonging to t h e said defendant whereby a n act ion h a t h accrued to t h e Company wi thou t set t ing forth any special m a t t e r and on t h e t r ia l of such act ion or suit i t shall no t be necessary to prove t he appo in tmen t of Directors who made such call or a n y o the r m a t t e r except t h a t t he defendant at t he t ime of m a k i n g such call was a holder or proprie tor of one or more share or shares in t h e capi tal of t he Company A n d t h a t such call or calls was or were in fact made and such not ice thereof a n d of t he t i m e fixed for t h e p a y m e n t thereof given as directed by t h e said deed of se t t lement A n d t h e Company shall the reupon be ent i t led to recover wha t shall appear due u p o n each call wi th interest thereon.

17. The Company shall keep a book to be called t h e " Share R e g i s t e r " and in such book shall be fairly and dist inctly entered from t ime to t ime t h e names and addresses of t h e several persons ent i t led to shares in t h e Company together wi th t he n u m b e r of shares to which such shareholders shall be respectively enti t led.

18. The product ion of t h e share register shall be admi t ted in all Cour ts of civil and cr iminal jur isdict ion as prima facie evidence of t he person named there in as a shareholder be ing such shareholder and of t h e n u m b e r of his shares a n d every shareholder or o ther person hav ing a j u d g m e n t a t law or a decree in equi ty against t h e Company m a y a t all convenient t imes peruse t h e share-register gra t is and m a y requ i re

a

a copy thereof or any pa r t thereof and for every one h u n d r e d words or p a r t of one hundred words so required to be copied t h e Company m a y demand a sum no t exceeding one shill ing.

19. I n every case dividends or bonuses shall be declared and paid out of t h e ne t gains and profits of t h e Company and no t out of t h e capi tal for t h e t ime-being of t h e Company or any por t ion thereof.

20. I f any execut ion ei ther a t law or in equi ty shall be or shall have been issued agains t t he proper ty or effects of t he Company and if t he re cannot be found after due dil igence sufficient whereon to levy such execut ion t h e n such execut ion m a y be issued against any of t h e shareholders for t h e t ime-being or any former shareholder un t i l such execut ion shall be fully satisfied Provided t h a t no such execut ion shall be issued against any shareholder or former shareholder for any amoun t beyond t h e sum due by such shareholder in respect of t he a m o u n t subscribed for and unpa id by h im and a fur ther sum equal to t he a m o u n t so subscribed for Provided always t ha t no such execut ion shall issue against any such shareholder or former shareholder except upon an order of t he Court in which the act ion suit or o ther proceeding shall have been b r o u g h t or ins t i tu ted made upon mot ion in open Court after sufficient not ice in wr i t ing to the person sought to be charged A n d upon such mot ion such Court may order execut ion to issue accord­ingly Provided fur ther t h a t in case of execution against any former shareholder it shall be shown tha t such former shareholder was a share­holder of t h e Company a t t h e t ime when the contract or engagement was entered in to for breach of which cont rac t or engagement such execut ion shall have issued or became a shareholder dur ing the t ime such contract or engagement was unexecu ted or unsatisfied or was a shareholder a t t h e t ime the j u d g m e n t or decree was obtained upon which j u d g m e n t or decree such execution shall have issued Provided also t ha t in no case shall such execut ion be issued agains t t h e person proper ty or effects of any former shareholder after t h e expirat ion of one year after t he person sought to be charged shall have ceased to be a shareholder of t he Company.

2 1 . Every shareholder against w h o m or against whose p roper ty or effects execut ion upon any j u d g m e n t decree or order obtained as aforesaid shall have been issued as aforesaid shall be enti t led to recover against the Company all loss damages costs and charges which such shareholder may have incurred by reason of such execution and after due diligence used to obtain satisfaction thereof against t h e proper ty and effects of t he Company such shareholder shall be ent i t led to con­t r ibut ion for so m u c h of such loss damages costs and charges as shall r emain unsatisfied from t h e several other shareholders against w h o m execut ion upon such j u d g m e n t decree or order obtained agains t t he Company m i g h t also have been issued under t h e provision in t h a t behalf aforesaid as and subject to t he l imitat ion here in provided and such cont r ibut ion m a y be recovered as aforesaid according to t h e pro­visions in t ha t behalf in t he said deed of se t t lement contained.

22. I n t h e cases provided by th is Ac t for execut ion of any j u d g ­m e n t decree or order in any action or suit against t h e Company to be issued against t he person or against t he proper ty and effects of any share­holder or former shareholder of the Company or against t he proper ty and effects of t he Company a t the suit of any shareholder or former share­holder in satisfaction of any money damages costs and expenses paid or incurred b y h i m as aforesaid in any action or suit against t he Company such execut ion may be issued by leave of the Cour t or of a J u d g e of t he Cour t in which such j u d g m e n t decree or order shall have been obtained upon mot ion or summons for a rule to show cause or o ther mot ion or summons consis tent wi th t h e pract ice of t he Cour t wi thou t any sugges­t ion or scire facias in t h a t behalf and i t shall be lawful for such Court

or

or J u d g e to m a k e absolute or discharge such R u l e or allow or dismiss such mot ion (as t he case m a y be) and to direct t he costs of t h e applicat ion to be paid by ei ther pa r ty or t o m a k e such other order there in as to such Cour t or J u d g e shall seem fit and in such cases such forms of wr i t s of execut ion shal l be sued out of t h e Cour ts of L a w a n d E q u i t y res­pect ively for giving effect t o t h e provisions in t h a t behalf aforesaid as t h e J u d g e s of such Cour ts respectively shal l from t ime to t ime t h i n k fit to order a n d t h e execut ion of such wr i t s shall be enforced in l ike m a n n e r as wri ts of execut ion are now enforced Provided t h a t any order m a d e by a J u d g e as aforesaid m a y be discharged or var ied by t h e Cour t on applicat ion m a d e the re to by e i ther p a r t y dissatisfied wi th such order Provided also t h a t no such mot ion shall be made no r s u m m o n s g ran ted for t h e purpose of charg ing any shareholder or former shareholder un t i l t en days notice thereof shall have been given to t h e person sought to be charged thereby .

23 . E a c h shareholder in t he said Company for t h e t ime being shall be liable to cont r ibute to t h e assets of t h e Company or to mee t i ts l iabilit ies to an a m o u n t not exceeding t h e a m o u n t of t h e shares he ld by h i m or he r and to a fur ther s u m of equal a m o u n t and no shareholder shall a t any t ime be liable wi th respect to t h e t ransact ions or liabilities of t h e Company beyond such amoun t .

24. I n all cases in which by any A c t of Pa r l i amen t or of t h e Colonial Legis la tu re or by any rule or order of t h e pract ice of t h e Sup reme Cour t or any other Court now or hereafter to be in force in th i s Colony the plaintiff compla inant or defendant in any act ion suit or o ther proceeding civil c r iminal or otherwise or any creditor of a n insol­ven t es ta te or any person be ing a pa r ty to or in teres ted in any process or proceeding whatsoever is or shall be author ized empowered or requ i red to m a k e any affidavit deposition or information or to s ign or p resen t any pe t i t ion or to do any other act i t shall be lawful and com­pe t en t for t he Secretary or o ther officer or agen t of t he Company where such Company shall be such plaintiff compla inant defendant or credi tor or be a pa r ty to or otherwise in teres ted in any process or proceeding whatsoever as aforesaid for and on behalf of t h e Company to m a k e any such affidavit deposition or information sign presen t any such pe t i t ion or do any such o ther act as aforesaid.

25. The Directors for the t ime being shall have t he custody of t he common seal of t he Company and t h e form thereof and all other ma t t e r s re la t ing there to shall from t ime to t ime be determined by the Directors in t he same m a n n e r as is provided by the said deed of settle­m e n t for t h e determinat ion of other ma t t e r s by t he Directors A n d the Directors present a t a Board of Directors of t he Company or a majority of t h e m shall have power to use such common seal or authorize t he same to be used for t h e affairs and concerns of t he Company and unde r such seal to author ize and empower any person wi thout such seal to execute any deeds and do all or any such other m a t t e r s and th ings as m a y be required to be executed and done on behalf of t he Company in con­formity wi th t he provisions of the said deed of se t t lement and of this A c t B u t i t shall no t be necessary to use t he corporate seal in respect of any of the ordinary business of t h e Company or for t he appoin tment of an a t to rney or solicitor for t h e prosecut ion or defence of any act ion suit or proceeding or of any officer or servant of t he Company and such seal m a y be affixed to any deed or document by the h a n d of any person w h o m the Directors shall appoint in t h a t behalf and the affixing thereof shall be a t tes ted by a t least one Director and such person so appointed.

26. The Company is hereby fully author ized and empowered b y its servants contractors agents workmen and others from t ime to t ime to m a k e erect sink lay place and fix such retor ts gasholders mete rs receivers cis terns engines machines cuts drains sewers water -

courses

courses pipes reservoirs bui ld ings a n d o ther works and devices of such construct ion and in such m a n n e r as t he Company shall t h i n k necessary or p roper for t he purpose of car ry ing out t he operat ions of t h e Com­pany and also to b reak u p t h e soil and p a v e m e n t of any h ighway street road way lane passage or o ther publ ic p lace or thoroughfare or of any road way thoroughfare or place dedicated to or used by t h e publ ic as such or any pa r t or pa r t s thereof and to erect posts pil lars lamps lamp-irons and other appara tus in t he same highways streets roads ways lanes passages a n d other thoroughfares a n d places or agains t any wall or walls erected on or adjoining to any of t h e m and to dig and sink t renches and drains and to lay ma ins and pipes and p u t stop-cocks syphons p lugs or b ranches from such mains or pipes in unde r across or a long such h ighways streets roads ways lanes passages and other thoroughfares and places and also wi th such consent as hereinafter ment ioned to do t h e l ike in unde r across or a long any pr iva te roads ways lanes passages bui ldings and places and from t ime to t ime to cu t stop remove al ter repair replace and relay such main-pipes stop-cocks syphons p lugs branches or other appara tus Provided always t h a t no th ing herein contained shal l be deemed to authorize t he Company i ts contractors agents or workmen to enter in to or upon any pr ivate lands bui ld ings or places for any of t h e purposes aforesaid to carry out any of t h e operations of t he Company wi thou t t h e previous consent of t he occupiers thereof.

27. I t shall be lawful for t he Company to con t rac t w i th any person or persons (whether incorporate or individual) for supplying wi th gas any such person or persons or any streets ways lanes passages manufactor ies shops warehouses publ ic or p r iva te houses bui ld ings a n d places and for such purpose from t ime to t i m e to lay down carry fit u p connect and furnish any pipe b r anch or bu rne r l a m p me te r or o ther appara tus from or in connect ion wi th any m a i n pipe or to lay down any new m a i n which for such purposes m a y be requi red Provided always t h a t in all cases whe re i t is no t otherwise expressly s t ipulated and agreed the Company its contractors w o r k m e n or agents shall a t i ts own expense on t h e expira t ion or de te rmina t ion of any tenancy of any occupier so giving consent as aforesaid or on non -paymen t of t h e sums payable by the owner or occupier of a n y bui ld ing t e n e m e n t or place for gas supplied there to at any t ime wi th in twelve m o n t h s from such expirat ion de terminat ion or default or wi th in fourteen days after not ice in wr i t ing for t ha t purpose from or on behalf of t h e owner or succeeding occupier of such bui ld ing t enemen t or place shall have been received by the Company enter in to and upon such bui ld ing tene­m e n t or place and remove t ake and carry away or cause to be removed t aken or carried away any pipe b u r n e r l a m p me te r or o ther appa ra tus which shall have been placed and in t roduced by the Company the re in and repa i r and m a k e good such por t ions of such bui ld ing t enemen t or place as m a y be damaged or defaced by such removal A n d in case t he Company shall neglect so to do for fourteen days after receipt of such notice i t shall be lawful for such owner or succeeding occupier provided free and reasonable access has been given to t h e agents servants and w o r k m e n of t he Company for t h e purpose aforesaid to remove or cause to be removed all such pipes burners l amps meters or appara tus and to repair and m a k e good t h e damages and defacements to t h e said bui ld ing t enemen t or place caused thereby t h e reasonable costs and charges a t t end ing which shall immedia te ly be paid by t h e Company to t he owner or occupier m a k i n g such repairs as aforesaid A n d in default of such sum be ing paid by the Company wi th in seven days after demand thereof in wr i t ing m a d e a t t h e offices of t h e Com­pany i t shall be lawful for t h e said owner or occupier or his or her agent to m a k e compla in t thereof before any Jus t i ce of t he Peace for

t h e

t h e said Colony who may cause a summons to be issued in t h e usua l form cal l ing on t h e Company to show cause before t he neares t Cour t of P e t t y Sessions of t he police district h i which such bui ld ing tene­m e n t or place is s i tuated why such demand has no t been satisfied A n d if t he Company fails to show cause accordingly i t shall be lawful for t he s i t t ing Jus t i ces to order or award p a y m e n t of t h e demand or any p a r t thereof to such compla inant toge ther wi th such costs and satis­faction for his expense and t rouble as to t h e m m a y seem just; and reasonable and such order or award to enforce by distress Provided also t h a t if any owner or occupier of any bui ld ing t e n e m e n t or place or any person ac t ing for h i m shall refuse reasonable access to t h e con­t rac tors agents w o r k m e n or servants of t he Company for t h e purpose of removing any such pipe bu rne r l a m p me te r or o ther appa ra tus placed or in t roduced in to any such bui ld ing t enemen t or place by t h e Com­p a n y or shall p reven t or obstruct such removal t hen the said owner occupier or person ac t ing for h im shall immedia te ly m a k e paymen t to the Company for such pipe bu rne r me te r or appara tus A n d in default of his so doing wi th in th ree days after demand thereof made a t t h e said bu i ld ing t enemen t or place it shall be lawful for t he Company to m a k e complaint before any such Jus t i ce as aforesaid who may cause to be issued a summons to t he person so m a k i n g default cal l ing on h i m to show cause before t h e Cour t of P e t t y Sessions of t he police distr ict where t h e bu i ld ing t enemen t or place is s i tuated why he refuses to pay such demand A n d thereupon t h e said Cour t shall proceed to the adjudication and enforcement of such demand in t he m a n n e r in th is clause set forth for t he recovery of claims against the Company A n d if any person shall p lace or lay any pipe to communica te w i th any m a i n pipe me te r or other appara tus already laid placed or erected by t h e Company or shall use addi t ional bu rne r s or bu rne r s of larger dimensions or of other k inds or descript ions t h a n tha t which he shall have contracted to pay for or shall supply any person wi th t h e gas supplied to h i m by t h e Company wi thout t h e consent in wr i t ing of t he Company first obtained or if any person shall wan ton ly or maliciously h inder or i n t e r r u p t t h e contractors workmen agents or servants of t he Company in legally doing or performing any of t h e works aforesaid or in exercising the powers a n d author i t ies by th i s Act given or if any person shall wilfully negl igent ly or accidental ly do or cause to be done any injury or damage to any of t he bui ldings mach ine ry pipes b u r n e r s l amps me te r s or appara tus of t he Company or remove the same or cause a waste or improper use of gas supplied by t h e Company it shall be lawful for t h e Company to m a k e complaint thereof before any such Jus t i ce as aforesaid who may cause to be issued a s u m m o n s to t he person so offending to appear before t h e Cour t of P e t t y Sessions of t h e police dis t r ic t where such offence shall be commit ted and be ing thereof lawfully convicted such person shall forfeit and pay to t h e Company any sum not exceeding five pounds over and above all damages done and over and above all costs to be ascer tained by such Court and to be enforced in t h e m a n n e r in th is clause before set forth in respect of c laims against t h e Company A n d all proceedings unde r th i s A c t no t here in expressly provided for shall be regula ted and con­ducted in accordance w i t h t he provisions of t he law in force for t h e t ime be ing respect ing summary proceedings before Jus t ices of t h e Peace and all such provisions shall so far as t he same are applicable be enforced and observed in all proceedings unde r th is A c t no t here in expressly provided for.

28. W h e n and so often as t h e Company i ts contrac tors agents or workmen shal l have b roken u p or removed any. pavemen t stone or o ther mate r ia l of any h ighway road s treet way lane passage or o ther publ ic place or thoroughfare or of any road way lane thoroughfare

or

or place dedicated to or used by the publ ic as such the Company shall m a k e all reasonable despatch in t he performance of t he work to be done and shall on complet ion of such work for thwith carry away all rubbish and waste or surp lus ma te r i a l a n d re ins ta te such pavemen t stone or o ther mater ia l and render such h ighway road street way lane passage or o ther place as near ly as possible in the same condit ion as i t was in previously to t h e d is turbance thereof A n d dur ing t h e cont in­uance of such work and un t i l such re ins ta t ement keep u p bar r ie rs and keep l amps b u r n i n g a t n i g h t in order to p reven t accidents A n d when and so often as any gas p i t ch waste l iquid or o ther th ings shall escape or flow from a n y pipe receiver or dra in so as to con tamina te t h e air or wa te r and render t h e same u n h e a l t h y or offensive i t shall be lawful for any person to give notice thereof in wr i t i ng to t h e Company who shall immedia te ly t ake t he most speedy a n d effectual measures to remedy and p reven t t he same A n d if t h e Company shall wi thout lawful excuse m a k e default in any of t h e ma t t e r s so requi red by i t to be per­formed it shall be lawful for any person to lodge a complaint thereof before a n y Jus t i ce of t h e Peace for t he said Colony who may the r eupon summons the Company before t he nearest Court of Pe t t y Sessions and on proof of such default t h e said Cour t of P e t t y Sessions shall order and direct t h a t t h e same shall be done by the Company wi th in a reasonable t ime to bo n a m e d by such Court and in default of compli­ance wi th such order any such Jus t i ce as aforesaid on proof thereof and on proof t h a t the compla inant or any o ther person has performed t h e said work so to be done and of t he costs charges a n d expenses a t t end ing t h e same shal l issue a distress war ran t agains t t he goods and chat te ls of t h e Company for any a m o u n t not exceeding the said charges and expenses and the costs of prosecut ing such compla in t to be paid to the person performing the said work as aforesaid.

29. I n case any person or persons or any body or bodies cor­porate Commissioners or Trustees who shall contract wi th t he Company or agree to t ake or shall t ake or use and enjoy t h e gas of t he Company ei ther in pr ivate dwellings shops inns taverns or o ther bui ld ings or manufactor ies grounds or premises or otherwise shall refuse or neglect after demand to pay t h e sum or sums of money t h e n due u n d e r thei r his or he r contract for t h e same to t he said Corporat ion according to t he t e rms and st ipulat ions of t he said respective part ies wi th t he Company i t shall be lawful for t he Company to m a k e compla in t thereof before any J u s t i c e of t he Peace for t h e said Colony who may issue a summons to t he par ty so refusing or neglec t ing to pay as aforesaid cal l ing on h im to show cause before the Cour t of P e t t y Sessions in t he police district i n which such bui ld ing t enement or place is s i tuated why h e refuses to pay such sum or sums and the reupon t h e said Cour t shall proceed to t h e adjudication and enforcement of t h e said demand and costs charges and expenses in t he prosecut ion thereof by distress and sale of t he goods and chat tels of t he person so neglec t ing or refusing to pay the same render ing the surplus if any to such person or persons so neglect ing or refusing A n d i t shall also be lawful for the Company to cut off and t ake away the supply of gas from the house or houses inn tavern shop manufactory warehouse or o ther bui ldings premises or places of every such person so m a k i n g default in p a y m e n t of such s u m or sums of money t h e n due by his he r or the i r cont rac t to t he Company after such demand as aforesaid and thencefor th to discont inue the supply of gas contracted for wi th t h e Company by such person or persons.

30. A n y person m a y appeal from the j u d g m e n t or conviction of t he said Cour t of Pe t ty Sessions unde r th is A c t in t he form and m a n n e r set forth in the Ac t of t he Legis la ture fifth Wi l l i am fourth n u m b e r twenty- two.

3 1 .

3 1 . N o t h i n g i n th is A c t conta ined shall be cons t rued to p reven t any person from indic t ing or otherwise proceeding against t h e Company for nuisance or otherwise in respect of t h e works or means used or employed by t h e Company in exercising t h e privileges he reby on i t conferred nor shall a n y t h i n g here in conta ined l imit res tr ic t or in any m a n n e r affect t he r i gh t of any Munic ipa l i ty or of any o ther person or Company hereafter empowered by the Legis la ture to supply gas to t h e said town of P a r r a m a t t a or to exercise any powers which it m a y be deemed expedient or necessary to g ran t for t h a t purpose .

32. This Ac t m a y be cited as t he " P a r r a m a t t a Gas Company 's Incorpora t ion A c t (L imi ted ) . "