AN ACT to authorise "The Hobart Town A.D. 1895. Gas Company" to light the City of Hobart

and its Suburbs by Electricity.

WHEREAS

[24 October, 1895.]

HEREAS "The Hobart Town Gas Company" has applied to PREAMBLE. Parliament for authority to light the City of Hobart and its suburbs by Electricity, and to supply Electric Light to the inhabitants of the said City and its suburbs:

And whereas it is expedient that such authority should be granted to the said Company upon the terms and conditions hereinafter mentioned:

Be it therefore enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:

1 This Act may be cited for all purposes as "The Hobart Town Short title. Gas Company's Electric Light Act."

2 This Act shall be divided into Ten Parts, as follows:

Part 1.-Interpretation.

Part II.-Inclusion of the Company's Act.

Part III.-Increase of Capital.

Part IV.-Power to construct Electric Works.

Part V.--Protection of Telegraphic and Telephonic Lines.

Part VI.-Supply of Electricity.

Part VII.-Power to purchase by Corporation.

Part VIII.-Distribution of Profits.

Part IX.-By-laws.

Division of Act.

Part X.-Offences.

Part XI.-Miscellaneous.

[Private.]

A.D. 1895.

Interpretation.

Hobart Gas Company's Electric Light.

PART I.

INTERPRETATION.

3 In this Act, unless the context otherwise requires—
The expression "Company" means the present proprietors of
"The Hobart Town Gas Company," and all and every such
other person or persons as shall or may from time to time.
become a proprietor or proprietors of shares in the said
Company:"

The expression "Company's Act" means
means "The Hobart Town
Gas Company's Act" and all subsequent amendments thereof:
The expression "area of operations" means the areas within which
the said Company are now empowered to supply gas:
The expression" the local authority" means, as respects each area
of operation, the Municipal Council of the said City of
Hobart or of any municipality, and the Town Board of any
town which the said Company are now empowered to supply
with gas.
In the event of any portion of the area of
operations being by law under the control or management of
any authority or person other than any such Municipal
Council or Town Board, the expression "local authority
shall apply to and mean such authority or person:

The expression "electricity" means electricity, electric current, or
any like agency:

The expression "electric line" means a wire or wires, conductor,
or other means used for the purpose of conveying, trans-
mitting, or distributing electricity, with any casing, coating,
covering, tube, pipe, or insulator enclosing, surrounding, or
supporting the same, or any part thereof, or any apparatus
connected therewith for the purpose of conveying, trans-
mitting, or distributing electricity or electric currents :
The expression "public purposes" means the lighting any public
place, road, street, way, lane, passage, or building within the
limits of the City of Hobart, or of any town, municipality,
district, or other place which the Company are now supplying
with gas, or are empowered so to do:
The expression "private purposes means any other purposes
whatever not being "public purposes" to which electricity
may for the time being be applicable, excepting the transmis-
sion of any telegram or telephonic message:

The expression "street" includes any square, court, or alley, highway, lane, road, thoroughfare, or public passage, or place within the area of operations :

The expression "works" means and includes electric lines, also any buildings, machinery, engines, works, matters, or things of whatever description required to supply electricity, and to carry into effect the object of the Company under this Act: The expression "post" means a post, pole, standard, stay, or strut, or other above-ground contrivance for carrying, suspending, or supporting electric lines or lamps connected therewith : The expression "the said Corporation" shall mean the Municipal Council of the City of Hobart:

The expression "person" shall include bodies corporate.

Hobart Gas Company's Electric Light.

PART II.

INCLUSION OF THE COMPANY'S ACT.

A.D. 1895.

4 All and every the powers and authorities conferred upon the Company may Company by the Company's Act, for the manufacture and supply supply electricity. of gas, for the acquisition of lands and erection of works, and other powers and authorities relative and incidental thereto, shall mutatis mutandis be extended and applied to the generating, manufacturing, procuring, and supplying electricity. And the Company are hereby authorised and empowered, in addition to the powers conferred upon them by the Company's Act, to generate, manufacture, procure, and supply electricity for public purposes and private purposes, within the area of operations, and for such purpose to acquire such lands, construct such works, acquire such licenses for the use of any patented or protected processes, inventions, machinery, apparatus, methods, materials, or other things, and generally to do all such acts and things as may be necessary and incidental to such supply. But all the consents, restrictions, and provisions affecting the exercise of the powers and authorities as contained in the Company's Act shall be applicable to the powers and authorities hereby conferred.

PART III.

INCREASE OF CAPITAL.

5 The Company may raise and contribute among themselves, or Increase of otherwise, as the said Company shall determine, a further sum or Capital. sums, not exceeding in the whole Fifty thousand Pounds, and thereby increasing the capital of the Company for the purposes of the Company's Act and of this Act by the issue of new shares, in like manner as directed by the Company's Act.

6 The Directors for the time being of the Company may (pursuant Borrowing power. to any order or resolution of any general meeting or special general meeting), from time to time borrow, and take up by way of loan at interest, any sum or sums of money not exceeding at any time the amount of the capital paid up. And the money so borrowed shall be a charge upon the said Company, its undertaking, property, and effects, and the Directors may, if they shall think fit, issue debentures for the amount thereof, such debentures to be under the hands of any Two of the Directors, and the Secretary for the time being of the said Company. All moneys so borrowed and debentures issued may be secured upon the undertaking and property of the Company; and if the Directors determine that the same shall be so secured the Secretary for the time being of the said Company shall execute such mortgage, deed, or security as any Three or more of the Directors for the time being of the said Company shall, from time to time, under their hands or seals direct or appoint.

7 The Company may apply any uncalled portion of its present Uncalled capital. capital for the purposes of this Act.

A.D. 1895.

Power to construct lines with consent of local authority.

Notice of laying electric mains, &c. to be given to local authority.

Provision for cases of emergency.

Consent of local authorities sufficient.

Compensation for damage.

Laying of

electric lines, &c. near gas or waterpipes, or other electric lines.

Hobart Gas Company's Electric Light.

PART IV.

POWER TO CONSTRUCT ELECTRIC WORKS.

8 It shall be lawful for the said Company, under the supervision of the local authority, from time to time, to place and maintain electric lines, leads, wires, cables or conductors necessary for conveying the electricity to be supplied by them under, over, along, or across any street or open public reserve within the area of operations, and may place and maintain posts in, upon, or over any such street or open public reserve, and may at any time alter or remove the same.

9 Before proceeding to construct any electric line or works, under the powers contained in this Act, the Company shall give notice in writing, signed by the Secretary of the Company, to the local authority, or to their clerk, or surveyor, within the area of operations, of the Company's intention to do so: Provided always that in cases of emergency arising from defects in the electric lines or works, the Company shall be at liberty to begin to repair the same without giving such notice. And in all such cases like notice in writing shall be given by the Company to such local authority, or their clerk, or surveyor, as soon as may be convenient after the beginning of such repair.

10 Whenever it is necessary under the Company's Act to obtain the consent of any Town Surveyor, Commissioners, Surveyors, Trustees, or other persons to the doing of any acts therein specified, it shall be sufficient for the purposes of this Act to obtain the consent of the local authority within the area of operations; and in like manner, whenever by the said Acts any duty is imposed upon, or any act is authorised to be done by any Town Surveyor, Commissioner, Surveyor, Trustee, or other persons, such duty or act shall, for the purposes of this Act, be carried out and enforced by the local authority within the area of operations.

11 In the exercise of the powers in relation to the execution of works given them under this Act, the Company shall cause as little detriment and inconvenience, and do as little damage as may be, and shall make full compensation to all bodies and persons interested, for all damage sustained by them by reason or in consequence of the exercise of such powers, the amount and application of such compensation in case of difference to be determined by arbitration.

12-(1.) Where the Company requires to dig or sink any trench for laying down or constructing any new electric lines (other than service lines) or other works near to which any pipe laid down by any local authority for the purpose of supplying water or any main-pipe, siphon, electric line, or other work belonging to any gas or electric supply company has been lawfully placed, or where any local authority or any gas or electric supply company require to dig or sink any trench for laying down or constructing any new mains or pipes (other than service pipes) or other works near to which any lines or works of the Company have been lawfully placed, the Company or local authority or such gas or electric supply company (as the case may be) in this Section referred to as the "operators," shall, unless otherwise agreed between the parties interested or in case of sudden emergency, give to the local