Queenstown and Gormanston Tramway.

PART X.

BY-LAWS.

A.D. 1896.

74 It shall be lawful for the Promoters from time to time to make By-laws. such By-laws for regulating their affairs and the management of the Tramway, and the buildings and works connected there with, and for fixing the tolls, rates, fares, and charges for the carriage and conveyance of passengers, goods, and other things thereon as they may think fit, and for all purposes which are usually comprised in the By-laws of any Railway or Tramway Company; and it shall be lawful for the Promoters to repeal, alter, or amend any such By-laws from time to time: Provided, that such By-laws shall not be repugnant to the provisions of this Act or any other Law in force in Tasmania; and such By-laws shall be in writing under the seal of the Promoters, and, if affecting other persons than their own officers and servants, shall be subject to the approval of the Governor in Council, and be published as hereinafter is provided.

75 The Promoters, by the By-laws so to be made by them, may, By-laws may be subject to the approval of the Governor in Council, impose such enforced by reasonable penalties as they may think fit, not exceeding Ten Pounds, penalties. for each breach of such By-laws or any of them.

76 All such By-laws relating to persons other than the officers and By-laws to be servants employed upon the Tramway shall be published in the Gazette; published. and all such By-laws shall be printed in legible letters and exhibited in some conspicuous place in the principal Office of the Promoters, and at every station on the Tramway, and be open to inspection without fee or reward; and in case any person wilfully obliterates any of the letters or figures thereon, or wilfully prevents the same being inspected at any reasonable time, he shall for every such offence be liable to a penalty not exceeding Five Pounds.

77 All By-laws made according to the provisions of this Act when By-laws to be so published and put up shall be binding upon and observed by all binding. parties, and shall be sufficient warrant for all persons acting under the

same.

78 The production of the copy of the said By-laws purporting to Proof of By-law. have been made as aforesaid shall, in all proceedings against the officers and servants of the Promoters, be accepted as proof thereof in any Court of Law or Equity. And prima facie evidence of any By-laws may be given in all Courts of Justice and in all legal proceedings whatsoever by the production of a copy of the Gazette purporting to contain any such By-laws.

PART XI.

MISCELLANEOUS.

instruments,

79 If any person shall wilfully interfere with, move, injure, or Penalty for damage any poles, stakes, marks, or instruments used by the Promoters damage to or their agents, servants, or workmen, for the purpose of surveying or marking out the line of the Tramway or otherwise in connection there. Tramway, &c. [Private.]

A.D. 1896.

Penalty on

persons omitting

to fasten gates.

Promoters may purchase other Tramways to form part of their Tramway.

All disputes referred to arbitration.

Offences to be dealt with summarily.

19 Vict. No. 8.

Deposit.

Queenstown and Gormanston Tramway.

with; or if any person shall wilfully do or commit any damage, injury, or spoil, or any nuisance to or upon the Tramway or other roads or ways, or to or upon any other works of or belonging to the Promoters, such person shall for every such offence forfeit and pay to the Promoters a sum not exceeding Twenty Pounds over and above the damages. occasioned thereto.

80 If any person omit to shut and fasten any gate set up at either side of the Tramway as soon as he and the carriage, cattle, or other animals under his care have passed through the same, he shall forfeit for every such offence any sum not exceeding Ten Pounds.

81 If the Promoters shall at any time purchase any line or any portion of any line of Tramway and convert the same into a portion of the Tramway which the Promoters are by this Act authorised to construct as aforesaid, the line or portion of line of Tramway so purchased and converted by the Promoters as aforesaid shall be deemed to have been constructed by the Promoters under the authority of this Act, and to be a portion of the Tramway which the Promoters are by this Act authorised to construct, and shall be subject to all the provisions of this Act.

82 In the event of any dispute, question, or difference arising between the Promoters and the Minister, or any official to whom any powers are given by this Act, the same shall be referred to and decided by arbitration in like manner as is mentioned in Part VIII. of this Act.

83 All offences against this Act or any By-law made in pursuance of this Act shall be heard and determined, and all orders shall be made, and all penalties and sums of money imposed or made payable by this Act or any such By-law shall be recovered in a summary way, in the mode prescribed by The Magistrates Summary Procedure Act, and all penalties received by virtue of any such By-law shall be paid to the Promoters.

84 The Promoters shall, within Three months after the passing of this Act, place at interest on fixed deposit the sum of Three hundred Pounds, in the name of the Treasurer of the Colony, in some Bank in Hobart to be approved of by the said Treasurer, and shall deliver to the Treasurer the deposit receipt for such sum.

The Promoters shall be entitled to the interest on such deposit of Three hundred Pounds during the period it remains in the name of the Treasurer in such Bank as aforesaid.

The Treasurer shall transfer or deliver the said deposit receipt to the Promoters as soon as the Minister shall report to him that the said Tramway referred to in Section Four has been constructed in accordance with the provisions of this Act, and shall do every act reasonably required to enable the Promoters to obtain payment of the said deposit.

If the Tramway referred to in Section Four shall not be so commenced or constructed within the time mentioned in this Act, the said sum of Three hundred Pounds and all interest accrued thereon shall be absolutely forfeited to Her Majesty, and shall become part of the Consolidated Revenue Fund of the Colony.

WILLIAM GRAHAME, JUN.,
GOVERNMENT PRINTER, TASMANIA.

MOTIVE POWER
POWER ACT, 1896.

ANALYSIS OF CONTENTS.

Preamble.

1. Short Title.

2. Interpretation.

3. Power to divert water.

4. Power to use water. Purposes for which water may be taken,

5. Projectors empowered to take and sell land.

6. 21 Vict. No. ii incorporated.

7. Lease of Crown Lands may be granted.

8. Effect of lease.

9. Protection to rights of first lessee.

10. Notice to first lessee of intention to construct works. 11. Projectors may enter after notice.

12. Compensation to first lessee.

13. Power to take temporary possession of land.

14. Compensation to be made for temporary occupation.

15. Materials from Crown Lands. Compensation.

16. Before roads interfered with others to be substituted.

17. Period for restoration of roads interfered with.

18. Construction of waterworks.

19. Projectors to give notice prior to entering private land.

20. To do as little damage as possible.

21. Projectors to make compensation.

22. Persons damaged to claim compensation.

23. Persons not making claim barred.

24. Penalty for obstructing construction of works.

25. Reservation of existing rights.

26. Act 8 Will. 4, No. 6, not to apply.

27. Power to open streets, &c.

28. Reinstatement of streets, &c.

29. Streets, &c. broken up to be reinstated without delay.

30. Settlement of trenches to be made good.

31. Projectors not to injure any Government line or telegraphic or telephonic communication.

32. Consent of Postmaster-General to be obtained.

33. Notice to be given to Postmaster-General of intention to execute works.

34. Postmaster-General may approve.

35. If Postmaster-General does not disapprove within One month works may be executed.

36. Works to be in accordance with plans.

37. Projectors liable in damages.

38. Wires, &c. to be erected in accordance with Rules of Board of Trade.

45. Projectors may let meters.

46. Meters not distrainable, &c.

47. Meter to be supplied and maintained by consumer.

48. Notice of removal, &c. of meter.

49. Penalty for neglect to provide meter.

50. Penalty for neglect to give notice of repairs of meters.

51. Electricity may be shut off if meter not in order.

52. Penalty for fixing uncertified meter.

53. Penalty for removing meter without notice.

54. Power to officers of Projectors to inspect meters. 55. Notice that conduits laid.

56. Conduits laid by owner or occupier.

[Private.]

57. Communication with pipes of Projectors to be made under the superintendence of surveyor.

58. Service conduits may be removed after giving notice.

59. Power to break up pavements.

60. Protection of the motive power. In case of any breach of this part of this Act motive power may be cut off.

61. Penalty for waste of motive power.

62. Penalty for destroying works, &c.

63. No conduit, &c. to be fixed to consumer's conduit, &c. without permission of Projectors.

64. Electric conductors, photometers, and meters.

65. Potential of current.

66. No form of lamp or burner to be prescribed.

67. Penalty for unlawfully taking water from reservoirs.

68. Inspection of premises supplied with electricity.

69. Penalty for letting tailings flow into waterworks.

70. Where several houses supplied by one conduit each to pay.

71. Projectors may make charges.

72. Charges to be recoverable from occupier.

73. Recovery of charges.

74. Minister or local authority may purchase works.

75. Compensation, purchase of works.

76. If parties cannot agree as to amount of compensation, question to be

referred to arbitration.

77. If parties do not agree upon arbitrators.

78. Vacancy in arbitrators, how filled up.

79. Accounts of cost of construction to be submitted to Auditor-General.

80. Accounts of construction subject to 52 Vict. No. 43.

81. Entry by agents.

82. Penalties, &c., to be summarily recovered before Two Justices.

83. Appeal.

84. Power to award costs.

85. Persons under Act entitled to notice of action.

86. Damage to be made good in addition to penalty.

87. Notices.

88. Signature of notices.

89. Rights, powers, &c. under this Act may be assigned, &c. to.incorporated company, &c.

90. How Act to be read on completion of assignment, &c.

91. Projectors may make By-laws.

92. By-laws to be approved and published.

93 By-laws to be laid before Parliament.

94. Penalties in By-laws.

95. Evidence of By-law.

96. Projectors to have Registered Office.

97. Security to be given for completion of work.

98. Deposit to be repaid.

99. Forfeiture.

100. Extension.

101. Rent of water.

_

AN ACT to enable Frederick James Salier, A.D. 1896. William Henry Burgess, William John Watchorn, Leo Susman, Charles James Atkins, Richard Crosby, William Alexander Finlay, Richard James Lucas, Cecil Walker, Samuel McClean, Thomas Bennison, John Armstrong, and James Whitelaw to utilise the Waters of McClean's Creek and its tributary streams at or near Zeehan, in Tasmania, and to construct, maintain, and work the necessary Machinery and Appliances for generating and transmitting Electricity, and supplying the same to any Person or Company, at and near Zeehan, in the County of Montagu, in Tasmania. [23 October, 1896.]

WHEREAS Frederick James Salier, William Henry Burgess, PREAMBLE.

William John Watchorn, Leo Susman, Charles James Atkins, Richard Crosby, William Alexander Finlay, Richard James Lucas, Cecil Walker, Samuel McClean, Thomas Bennison, John Armstrong, and James Whitelaw, all of whom are hereinafter included in and designated by the expression "the Projectors," are by proper and valid instruments of transfer possessed of and entitled to the rights, powers, and privileges conferred upon Samuel McClean, by Lease of [Private.]