An Act to enable the " Broken Hill and Dis- Bxexss Mase trict Water Supply Company (limited)? "ors to construct works, and use the waters of the Speeulation and Menindie Lakes and the Darling River for the purpose of supplying Broken Hill and District with fresh water, and to give power to purchase land. [1s¢ October, 1889. | ATMEREAS it is expedient and for the public benefit that the Preamble. town and district of Broken IIill, in the Colony of New South Wales, should be provided with a supply of fresh water. And whereas a Company has been formed, called the "Broken Ifill and District Water Supply Company (Limited)," for the purpose of supplying the said town and district with fresh water. And whereas the said po Company Arrangement and interpretation. Conditions prior to 53° VIC. 1889. Broken Hill and District Water Supply Company. Company desire to establish and carry out works for such purpose and other purposes incidental thereto in the said town and district. Be it therefore enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and Legisla- tive Assembly of New South Wales in Parliament assembled, and by the authority of the same, as follows :— 1. This Act may be cited as the " Broken Hill and District Water Supply Act of 1888.' Its provisions are arranged into Four Parts, embracing the following subjects :— PART I.— Powers and duties of the Company as to Water Supply. - PART Il.—Special provisions as to Water Supply. PART IIl.—The acquisition and occupation by the Company of lands for the purpose of water supply—ascerlainment of compensation in respect thereof. PART IV.— Miscellaneous provisions—Legal procedure. And in the construction of this Act the following words and expressions in inverted commas, unless there shall be something in the context repugnant thereto or inconsistent therewith, shall bear the meanings and include the persons or things hereby respectively set against such words and expressions, that is to say :— " Governor'—The Governor, with the advice of the Executive Council. " Conduit"—The canals, tunnels, aqueducts, cuttings, or pipes, by means of which the main stream of water is supplied to the water district. * Justice'—Any Justice of the Peace for the Colony of New South Wales. * Street''—Any square, court, alley, highway, railway, tramway, lane, road, thoroughfare or other passage, footpath, or place, whether public or private, within the limits of the water district. * Owner"—Any person who is in the receipt of the rents and profits of any house, manufactory, or building of whatsoever kind, or of any land. "Water District''—The area within which water is authorized to be supplied to the inhabitants of the said town and district. * Company'—The said " Broken Hill and District Water Supply Company (Limited)," or their assigns, owners for the time being of the Broken Hill Waterworks. PART I. Powers and duties of the Company as to Water Supply. 2. Before the Company shall put into foree any of the pro- acquisition of land. visions contained in this Part with respect to the acquisition of land otherwise than by agreement, the following conditions and provisions shall be observed : (1) The Company shall publish once at least in each of three consecutive weeks in some local newspaper circulating in the town and district of Broken Hill, a notice describing shortly the nature of the undertaking in respect of which it is pro- posed to take any land that has been alienated from the Crown, naming some central place at Broken Hill where a plan of the proposed undertaking may be seen at all reasonable hours, and stating the quantity of such lands required. (1) 1889. 53° VIC. Broken Hill and District Water Supply Company. (11) The Company shall serve a notice on every owncr or reputed owner, or reputed lessee or occupier of such lands, defining in each ease the particular lands intended to be taken, and requiring an answer, stating whether the person so served dissents, or is neutral, in respect of taking such land. (111) On compliance with the provisions of this section with respect to notices the Company may, if they think fit, present a petition to the Governor under their Common Seal, and such petition shall state the lands as aforesaid intended to be taken, and the purposes for which they are required, and the names of the owners, lessees, and oceupiers of lands who have assented, dissented, or are neutral, in respect of the taking of such lands, or who have returned no answer to the notice. And it shall pray that the Company may, with reference to such Jands, be allowed to put in force the powers contained in Part IIT of this Act with respect to the acquisition of such lands otherwise than by agreement, and such prayer shall be supported by such evidence as the Governor may require. (tv) On reecipt of such petition, and on due proof of the proper notices haying keen published and served, the Governor shall take such petition into consideration, and may either dismiss the same or direct a local inquiry as to the propricty of assenting to the prayer of such petition, but witil such inquiry has been made no provisional order shall be made affecting any such lands without the consent of the owners, lessees, and oceupiers thereof. (v) After the completion of such inquiry the Governor may, by provisional order, empower the Company to put in force with reference to the lands referred to in such order, the powers of the said Part, with respect to the acquisition of lands, other- wise than by agreement or any of them, and cither absolutely or with such conditions and modifications as the Governor may think fit; and it shall be the duty of the Company to serve a copy of any order so made in the manner and on the persons in which and on whom notices in respect of such lands are required to be served. PART IT. Special Provisions as to Walter Supply. OV 3. Subject to the provisions of this Act, the Company may Powers of the Com- exercise any of the powers in this Part contained for the construction !Y- of waterworks for the supply of water from the Speculation and Menindie Lakes and Darling River to the Municipal District of Broken Hill, including therein the district between the town of Broken Hill and the said Lakes and River, more particularly described in the Third Schedule to this Act, and for the purpose of carrying out the provisions of this Act the Company may (1) Enter upon any lands and take levels of the same, and set out (11) such parts thereof as they shall think necessary. Enter upon, take, and hold such land as they may from time to time deem necessary for the construction and maintenance of any of the works authorized by this Act, or for obtaining or enlarging the supply of water, or for improving the quality thercof for the purpose of this Act. (111) Penalty for obstruct ing construction of works, Penalty for destroy ing works. Power to open strects, &e, Reinstatement of streets, ke. 53° VIC. 1889. Broken Hill and District Water Supply Compan 4. (i111) Enter upon any Crown or private lands, or streets, and lay or place therein any pipes, and may repair, alter or cut off, or remove the same, and may enter upon any such lands, or streets, for the purpose of repairing any watercourses, or other works being their property or under their control. (tv) Take water from the lakes and river aforesaid. Provided that not more than seven hundred thousand gallons of water daily shall be taken by the Company from the said lakes or river,and the supply at any time drawn shall be such as not to interfere with the navigation of the said river, and the Company shall, if required by the Government, erect and maintain to the satisfaction of the Minister for Mines, a meter or gauge for the purpose of ascertaining the quantity of water drawn daily from the said lakes or river, and the measure- ment of water shown by such meter or gauge to have been drawn shall be taken as correct for the purposes of this Act. Provided always that in the exercise of any of the powers hereby con- ferred, the Company shall inflict as little damage as may be, and in all cases where it can be done, shall provide other watering-places, drains, and channels, for the use of adjoining lands in place of any taken away or interrupted by them, and shall make full compensation to all parties interested, for all damage sustained by them through the exercise of such powers. Provided nevertheless that the Company shall not be liable to make compensation in respect of any damage sustained by reason of the taking of water from the said river or lakes or either of them. 4, Any person who shall wilfully obstruct any person acting under the authority of the Company in setting out the line of any works undertaken under the authority of this Part, or pull up, or remove, any poles or stakes driven into the ground for the purpose of setting out the line of such works, .or destroy or injure any works so undertaken as aforesaid, shall incur a penalty not exceeding five pounds for every such offence. 5. If any person unlawfully and maliciously destroy or damage, or attempt to destroy or damage, any reservoir, dam, tank, tunnel, watercourse, sluice, main, pipe, aqueduct, bridge, roadway, or engine, or other part whatever of the works of the Company, every such offender shall be guilty of felony, and shall be liable to be imprisoned for any term not exceeding ten years. 6. The Company may open and break up the soil and pavement of the several streets and bridges within the limits of its water district, and make, open, and break up any sewers, drains, or tunnels within or under such streets, and lay down and place within the same limits, pipes, conduits, service pipes, and other works and engines, and from time to time repair, altcr, or remove the same, and for the purposes aforesaid remove and use all earth and materials in and under such streets and bridges, and do all other acts which the Company shall from time to time deem necessary for supplying water to the inhabitants of the district in the fourth section of this Act described and hereafter referred to as the " Water District." 7. When the Company shall open or break up the road or pavement of any street or bridge, or any sewer, drain, or tunnel, they shall with all convenient speed complete the work for which the same shall be broken up, and fill in the ground and reinstate and make good the road or pavement or the sewer, drain, or tunnel so opened or broken up, and carry away the rubbish oceasioned thereby. And shall at all times whilst any such pavement or road shall be so open or broken up cause the same to be fenced and guarded, and shall cause light sufficient for the warning of passengers to be set up and kept there for every night during which such road or pavement shall be continued open or broken up. 5. 1889. 53° VIC. 39 Broken Hill and District Water Supply Company. 8. The Company shall not be liable (in the absence of express Company not linble stipulation under any agrecment for the supply of water) to any penalty as rade or damages for not supplying such water if the want of such supply arises from unusual drought or other unavoidable cause or accident. 9. The Company may supply any person with water for domestic Agreements tosupply or other purposes, by measure or otherwise, at such rates, to be declared water, fixed and published by them (subject to the provisions hereinafter con- tained), upon such terms, and subject to such conditions as may be agreed upon by the Company and the person requiring to be supplied. 10. The Company may let for hire to any consuuncr of water Company may let supplied by measure any meter or instrument for measuring the ™* quantity of water supplicd and consumed, and any pipes and apparatus for the conveyance, reception, or storage of the water, for such remu- neration in money as may be agreed upon between the Company and the consumer, which shall be recoverable in the same manner as rates due to the Company for water. 11. Such meters, instruments, pipes, and apparatus shall not be Meters of Company subject to distress for rent of the premises where the same are used, or Pt "stainable. to be attached or taken in execution under any process of any Court of Law or Equity, or under or in pursuance of any sequestration or order in bankruptey or other legal proccedings against or affecting the con- sumer of the water, or the occupicr of the premises, or other the person in whose possession the meters, pipes, instruments, and apparatus may he. 12. very person who shall have agreed with the Company for Meters to be supplied a supply of water by measure shall, at his own expense, unless he hire and | nraintained by a meter from the Company, provide a meter, and keep and maintain : 'the same in good working condition to the satisfaction of such officer as may be appointed by the Company; and in the event of any repairs being required, notice in writing shall be immediately given by such person to the Company, and a registration of the quantity of water used shall be taken before such repairs are effected. 13. Every person requiring to remove or alter the position of Noticeof removal, &e any meter shall leave six days notice in writing to that effect at the of meter registered or local office of the Company, hercinafter mentioned, and a registration of the quantity of water shall be taken before such removal or alteration is made. 14. If any person shall neglect or delay to have such meter Water may be cut of properly repaired and put in correct working order, after having been * meter not in order, required by any officer of the Company so to do, the Company may shut off the supply of water from the premises of such person, either by cut- ting the service pipe or otherwise, until such meter shall have been pro- perly repaired and certified by some officer of the Company as being in proper working order. 15. If any plumber or other person fix or refix any meter upon Penalty for fixing any premises supplied with water by the Company without having weerliied meter lirst obtained a ecrtificate from the Company that the said mcter has been examined and found in correct working order, he shail, for such offence forfeit a sum not exceeding ten pounds. 16. If any person remove or alter the position of, or in any way For removing or interfere with any meter without giving such notice as aforesaid, he vying meter shall, for such offence, forfeit a sum not exceeding twenty pounds. Provided that the Company shall always have an office in the district of Broken ILill and shall register the same at the Council Chambers of the Municipal Council at Broken Jill. 17. The officers of the Company may entcr any house, building, Power of officers of or lands, to, through, or into which water is supplied by the Company Sompary te inspect by measure, in order to inspect the meters, instruments, pipes, and apparatus for the measuring, conveyance, reception, or storage of water, or for the purpose of ascertaining the quantity of water supplicd or consumed ; Supply of water for public purposes, Company to place public fire-plugs in main. Fire-plugs for manufactorics, &e. Pipes to be kept charged, and water taken for fires, Penalty for refusal to fix, &e., fire-plug or failure to supply water, 53° VIC. Broken Hill and District Water Supply Company. 1889. consumed ; and may from time to time enter any house, buildings, or lands for the purpose of removing any meter, instrument, pipe, or apparatus the property of the Company ; and if any person hinders any such officer from entering or making such inspection or effecting such removal, he shall for each such offence be liable to a penalty not exceeding five pounds, but execpt with the consent of a Justice a power of entry shall be exercised only between the hours of ten in the forenoon and four in the afternoon. 18. In all the pipes to which any fire-plug is fixed, the Com- pany shall provide and keep constantly laid on for use, unless prevente by unusual drought or other unavoidable accident, or during necessary repairs, a sufficient supply of water for the following purposes (tha is to say), for cleansing the sewers and drains, for cleansing an watering the strects, and for supplying any public hospitals or 'char table institutions, or any public pumps, baths, and wash-houses that may be established for the use of the inhabitants, and paid for out of any municipal rates; and such supply shall be provided at such rates and charges and upon such terms and conditions as may be agreed on by the said Municipal Council and the Company, or, in case of dis agreement, as shall be settled by arbitration in the manner providec by the Arbitration Act. 19. The Company, at the request of the said Municipal Council shall fix proper fire- at such convenient plugs in the main and other pipes belonging to them distances and at such places as they may consider proper and convenient for the supply of water for extinguishing any tire that may brea to time renew and shall put up a pub k out within the said District, and shall from time keep in effective order every such fire-plug; and ic notice on some conspicuous place in each street, on which such fire-plug is situated, showing its situation, and such notice may be put up on any house or building in such street; and as soon as such fire-plug is completed they shall deposit a key thereof in each place where any public fire engine is kept. The cost of such firc- plugs and the expense of fixing, pla reing, and maintaining the same in repair, and of supplying such keys as aforesaid shall be defrayed by the said Municipal Council. 20. The Company shall at the request and expense of the owner or occupier of any manufactory or works situated in or near any street, or road in which or within two hundred yards of which there shall be a pipe of the Company, place and maintain a fire-plug (to be used only for extinguishing fires) as near as conveniently may be to such manufactory or works. 21. The Company shall at all times keep charged with water all their pipes to which fire-plugs are fixed unless prevented by drought or other unavoidable cause or accident or during necessary repairs, and shall allow all persons at all times to take and use such water for the purpose only of extinguishing fire without making compensation for the same. 22. If, except when prevented as aforesaid, the Company neglect or refuse to fix or repair such fire-plug, or to furnish to the said Municipal Council a sufficient supply of water for the public purposes aforesaid, on such terms as shall have been agreed or settled as aforesaid, or if, except as aforesaid, they neglect to keep the pipes charged as aforesaid, or neglect or refuse to fur nish any owner or occupier li iable to be rated under this Act during any part of the time for which such rates have becn paid or tendered, they shall be liable to a penalty of twenty pounds, and shall also forfeit to the said Municipal Council, or to every person having paid or tendered the rate, the sum of twenty shillings for every day during which such refusal shall continue after notice in writing shall have been given to the Company of the want of supply. 23. 1889. 53° VIC. 41 Broken Hilt and Distr ict Water Supply Company. 23 "Any owner or oceupier of any dwelling-house, or part of & Pipes laid by owners dwelling-house, situate within the water district who shall wish t tO eis tly have water from the water-works of the Company brought on to his servico pipes. premises, and who shall have paid or tendered to the Company the portion of water rate or charge in respect of such premises by this Act directed to he paid in advance, may open the ground between the pipes of the Company and his premises, having first obtained the sonsent of the owners and oceupiers of such ground, and lay any pipes from such premises to communicate with the pipcs of the Company. 24, Such pipes shall be of a strength and material approved. Of Notice to Company by some officer of the Company, and every such owncr or occupicr of laying pipes. shall, before he begins to lay any such pipe, give to the Company two days notice of his intention so to do. 25. Before any pipe is made to communicate with the pipes Communication with of the Company the person intending to lay such pipes shall give two pipes of Company to days notice to the Company of the day and hour when such pipe is Superintendence of intended to be made to communicate with the pipes of the Company, Sever and every such pipe shall be so made to communicate under the superintendenee and according to the directions of the surveyor, engineer, or other officer appointed for that purpose by the Company, and the bore of such pipe shall not exceed three- quarters of an inch, Bore of service pipes. except with the consent of the Company. 26. Any person who shall have laid down any pipe or other Service pipes may be works, or who shall have become the proprictor thercof, may remove Temoved after giving the same after having first given six days notice to the Company of his ' intention so to do and of the time of such proposed removal, and every such person shall make compensation to the Company for any injury or damage to their pipes or works which may be caused by such removal. 27. Any such owner or cecupicr may open or break up so Power to break up much of the pavement of any strect as shall he between the pipes of Pevemen™ the Company and his house, building, or premises, and any sewer or drain therein for any such purposes as aforesaid (doing as little damage as may he and making compensation for any damage done in the execu- tion of such work). Provided always that every such owner or oceupier desiring to break up the pavement of any street, or any sewer, or drain therein, shall be subject to the same necessity of giving previous notice, and shall be subject to the same control, restrictions, and obligations in, and during the time of breaking up the same, and also reinstating the same, and to the same penalties for any dclay in regard thereto as the Company are subject to under the provisions of this Act. 28. If any person supplicd with water by the Company wrong- In case of any breach fully does, or causes or permits to be done, anything in contravention Ket wafer ney becut of any of the provisions of this part, or w vongfully { fails to do any- off thing which under any of these provisions ought to be dene for the prey 'ention of the waste, misuse, undue consumption, or contamination of the water of the Company, the Company may (without prejudice to any remedy against him in respect thereof) cut off any of the pipes by or through which water is supphed to him or for his use, and may cease to supply him with water so long as the cause of injury remains or is not remedied. 29. If any person supplied with water by the Company wilfully Penalty for waste of or negligently causes or suffers any pipe, valve, cock, cistern, bath, ™* soil-pan, water-closet, or other apparatus or receptacle to be out of repair, or to be so closed or contrived that the water supplied to him by the Company is or is likely to be wasted, misused, unduly consumed or contaminated, or so as to occasion or allow the return of foul air or other noiscme or impure matter into any piy:e belonging to or connected with the pipes of the Company, he shall for every such offence be liable to a penalty not exceeding five pounds. 30. 42 53° VIC. 1889. Broken Hill and District Water Supply Company. Penalty for misappli- 30. If any person having from the Company a supply of water cation of water. use such water for any purpose other than that for which he is entitled to use the same he shall for every such offence be liable to a penalty not exceeding forty shillings without prejudice to the right of the Company to recover from him the value of the water misused. No pipe to be fixed to 31. It shall not be lawful for the owner or occupier of any without pennission premises supplied with water by the Company, or any consumer of of Company. the water of the Company, or any other person, to affix, or cause, or permit to be affixed, any pipe or apparatus to a pipe belonging to or used by such owner, occupier, or consumer, or any other person, or to make any alteration in any such communication or service pipe, or in any apparatus connected therewith, without the consent in every such case of the Company; and ifany person acts in any respect in contravention of the provisions of the present section, he shall, for every such offence, be liable to a penalty not exceeding five pounds, without prejudice to the right of the Company to recover damages from him in respect of any injury done to their property, and without prejudice to their right to recover from him the value of any water wasted, misused, or unduly consumed. Penalty for unlaw- 32. If any person, not being supplied with water by the Com- fully taking water. Hony, wrongfully takes or uses any water from any reservoir, water- course, conduit, or pipe belonging to the Company, or from any pipe leading to or from any such reservoir, watercourse, conduit, or pipe, or from any cistern or other like place containing water belonging to the Company, or supplicd by them for the use of any consumer of the water of the Company, he shall for every such offence be liable to a penalty not exceeding five pounds. Inspection of water, 33. The surveyor, engineer, or other person appointed for that purpose by the Company, may, between the hours of ten o'clock in the forenoon, and four o'clock in the afternoon, enter into any house or premises supplied with water by the Company, in order to examine if there be any waste or misuse of such water; and if such surveyor, engineer, or other person, at any such time be refused admittance into such house or premises for the purpose aforesaid, or be prevented from making such examination as aforesaid, the Company may turn off the water supplied by them from such house or premises. Polluting the water. 34. If any person bathe in any channel, reservoir, or other water- Penalty for bathing. orks belonging to the Company, or wash, throw, or cause to enter therein, any dog or other animal, he shall for every such offence forfeit a suum not exceeding five © pounds. Penalty for throwing 35. If any person throw or convey, or permit or cause to be dirt therein, thrown or conveyed, any rubbish, dirt, filth, or other noisome thing, into any such channel, reservoir, aqueduct, or other water-works as aforesaid, or wash or cleanse therein any cloth, wool, leather, or skin of any animal, or any clothes or other thing, he shail for cach offence forfeit a sum not exceeding ten pounds. Penalty for letting 36. If any person cause the water of any sink, sewer, or drain, foul water flow steam-engine, boiler, or other filthy water belonging to him or under his control to be run or to be brought into any channel, reservoir, aqueduct, or other water-works belonging to the Company, or shall do any other act whereby the water of the Company shall be fouled, he shall for each offence forfeit a sum not exceeding twenty pounds, and a further sum of twenty shillings for cach day (if more than one) that such offence continucs. Penalty for per- 87. Any person making or supplying gas within the limits of prodced in ning the water district, who shall at any time cause or suffer to be brought gas to flow into the to the water of the Company, or into any drain communicating thore- water. with, any substance which shall be produced i in the making or "supply - ing gas, or who shall wilfully do any act connected with the making or 1889. 53° VIC. Broken Hill and District Water Supply Company. or supplying of gas whereby the water in any such reservoir, aqueduct, or other water- " orks shall be fouled, or the pipes or conduits thereof injured, shall forfeit to the Company a sum not exceeding twenty pounds, to be recovered with full costs of suit for cach day during which such substance shall be brought or shall flow as aforesaid, or during which the act shall continue by which such water is fouled, after the ex <piration in either case of twenty- four hours from the time when the notice of the offence has been served on such person by the Company. 35. Whenever the water supplied by the Company shall be fouled by the gas of any person making or supplying gas within the water district, such person shall forfeit to the Company for every such offence a sum not exceeding twenty pounds, and a further sum not excceding ten pounds for cach day during which the offence shall con- tinue after the expiration of twenty-four hours from the service of notice of such offence. 39. For the purpose of ascertaining whether the water of the Company be fouled by the gas of any person making or supplying gas within the water district, the Company may dig" up the ovound and examine the pipes, conduits, and works of 'the. person making or supplying gas. — Provided that before proceeding so to dig and examine, the Company shall give twenty-four hours notice in writing to the person so making or supplying g ras, of the time at which such digging and examining is 'intended to take place, and shall give the like notice to the person having the control or management of the pavement or place where such digging shall take place, and shall be subject to the like obligation of reinstating the road and pavement, and to the same penalties for delay or any nonfeasance or misfeasance therein, as hereinafter provided, with respect to roads and pavements broken up by the Company for laying their pipes; and if upon such sxaunination it appears that such water has been fouled by any gas belonging to such person the expenses of digging, examination, and repairs of the street, or place disturbed in any such examination shall be paid by the person making or supplying gas; but if upon such. examination it appears that the water has not been fouled by the gas of such person then the Company shall pay all the expenses of the examination and repair, and also make good to the said person any injury which may be occasioned to his works by such examination. 40, The following provisions shall take effect for the purpose of protecting the water in the mains or other pipes of the Company from all impurities from closets and other receptacles of faecal matter or urine :— (1) It shall not be lawful for any person to connect with the main any pipe delivering water directly into the closet-pan or other receptacle for fecal matter or urine without the intervention of a cistern, into which the water from the main shall first be received, and any person so offending shail forlcit and pay a penalty not exceeding fifty pounds. (it) The Company may employ any avtifiecrs or workmen to cut off or otherwise disconnect from the main any pipe directly discharging the water into a closct without the intervention of a cistern (hercinafter termed " directly connected'), and which in the opinion of the Company may endanger the purity of the water by the absorption of noxious gases or suction of faecal matter or urine into such pipe, or into the main or otherwise. For the purpose of effecting such discon- nection the Company's artificers and workmen may enter into and upon the premises of any person or corporation whatsoever, to do, or cause to be done, anything in his opinion requisite or necessary in relation thereto. (111) Penalty on gas- makers causing water to be fouled. Power to examine gas-pipes to ascertain cause of water being fouled. Provisions as to con- nection of closet and other pipes with mains, and as to cisterns, &e. No closet pipes here- after to connect directly with the main, Company may dis- conne-t pipes in ¢ certuin cases, The expense occurred by any disconnection to be paid by the tenant and deducted from his rent. Owners of premises shall fix closet cisterns, or be liable to a penalty, Upon neglect of owner, tenant, or occupier, after fourteen days' notice, to fix cistern and deduct the expenses from the rent, Any person re-ostab- lishing any connec- tion with the main, unless authorized, or wilfully injuring any pipe, &c., liable to a penalty, Where several houses supplied by one pipe, each to pay. 53° VIC. 1889. Broken Hill and District Water Supply Company. (111) Whenever the Company shall have caused any pipe to be cut off or disconnected, or other work to be done in relation thereto, they shall forthwith serve the owner or occupier of the premises with a notice in writing requiring him to pay the actual cost or expense Incurred. And such owner or occupier shall pay the amount to the Company, and if the amount be paid by an occupier only he may deduct the same from the rent owing or accruing. Upon such owner or occupier making default in any such payment after the delivery of such notice as aforesaid, the Company may suc for and recover the same with full costs of suit. (tv) The owner of every dwelling-house, or premises which shall have therein or thereon any closet with a pipe or branch pipe directly connected with the main shall be required to fix and erect a cistern or cisterns for the reception of the water intended to be used for the closet, and every cistern shall be made of such materials and dimensions, and of such model or plan of construction, and with such ball-cock, stop- cocks, waste-pipes, and other appliances as shall be deemed requisite and have been approved by the officers of the Com- pany for securing the water from pollution through any noxious gases or matter evolved or derived from such closets, or otherwise every owner neglecting to comply with the provisions of this subsection shall forfeit and pay a penalty not exceeding five pounds. (v) Whenever any owner shall have neglected to fix and erect a cistern, with its appliances, as in the last preceding sub- section provided for, the tenant or occupier is hereby authorized and required, after receiving a written notice thereof from the Company on that behalf, to fix and erect such cistern, with its appliances before mentioned, within fourteen days after the receipt of such notice; and the said tenant or occupier shall, upon payment by him of the charges and expenses of such fixing and erection, be entitled to deduet the amount so paid from the rent then due or aceruing, or, at his option, to suc for and recover the same, with full costs of suit, from the owner as for moncy paid to his uses. (v1) Any person who shall, without the authority of the Company, re-establish any such connection which may have been cut off, removed, or severed by him, or who shall in any manner wilfully injure or tamper with any connection-pipe, cistern, ball-cock, stop-cock, or waste-pipe, which may have been approved by the Company, so as to destroy, diminish, or endanger its efficiency, may be summoned for such an offence before two Justices, and on conviction thereof shall be adjudged to pay the amount of the charges and expenses which the Company may have incurred (and which they are hereby authorized to incur) in repairing or restoring the same to a state of efficiency. Every such offender shall forfeit and pay a penalty not exceeding ten pounds, and the amount of charges and expenses and penalty respectively shall, when recovered, be paid over to the Company. 41. Where several houses or parts of houses in the separate occupation of several persons are supplied by one common pipe, or where water is supplied to courts, alleys, and right-of-ways by stand- pipes, the several owners or occupiers of such houses or parts of houses, or of the several houses or parts of houses in every such court, alley, or right-of-way, shall be liable to the payment of the same rates or 1889. 53° VIC. AB Broken Hill and istrict Water Supply Company. or charges for the supply of water as they would have been liable to if cach of such several houses or parts of houses had been supplied with water fom the works of the Company by a separate pipe. . The rates and charges for water and all sums due to the Water rates to te Company under this part shall be paid by, and be recoverable from, 7eprennle Tron the person agreeing with the Company for the supply of water, and tenant. all rates and charges shall be payable in advance by equal payments on the first day of "January, the first day of April, the first day of July, and the first day of October in cach year ; and the first payment shall be made at the time when such person shall become liable to pay such rates and charges. 43. The charge to be made by the Company for the supply of Rating powers. water by meter shall not exceed the sum of one shilling and sixpence per one hundred gallons, and no rate to be made by the Company shall execed in amount the sum of two shillings in the pound on the value of Jands or tenements within the water district, as assessed for rating purposes by the said Municipal Council. PART ITI. The acquisition and occupation by the Company of lands for the purposes of water supply—ascertainment of compensation in respect thereof. 44. After the notification in the Gazette, as hereinbefore pro- Lands required for vided, of the approval of the Governer of a scheme for the supply of ree cyte tye bow water to the said town and district, but not before the Company shall" be empowered to acquire or occupy lands for the purposes of such water supply in manner hereinafter provided; and compensation for every such acquisition or occupation of lands shall be ascertained and carried out as hereinafter provided. 45. It shall be lawful for the Company, by notification to be tow and when lands published in the Gazeéée and in one or more newspapers published ox @ be tken. circulated in the said town and district to declare that the land described in such notification is required for the purposes therein expressed. Upon the publication of the notification to be in the Gazelle Vesting, &.,of landa. declaring that the lands therein described are so required, such lands shall, upon cempliance with the requirements and provisions herein- after contained, be vested in the Company lor the purposes of this Act for an estate of inheritance in fee-simple in possession, freed and discharged from all trusts, obligations, estates, terms of years, interests, contracts, charges, rates, rights- of-way, or other casements whi tscever, and to the intent that the legal estate therein, together with all powers incident thereto or conferred by this Act, shall, subject to the pro- visions thereof, be vested in the Company. 47. Where the land required is Crown Land at the date of such Eftect of publication publication, or is vested in any corporation or person on behalf of Her "pen Crown Lands. Majesty, or for public purposes by virtue of any statute, or is within the limits with reference to centres of population prescribed by the Act next hereinafter cited, the effect of such publication shall he to withdraw the said land (to the extent required) from any lease or license or promise thereof, and to cancel to the like extent any dedica- tion ov reservation of the said land made under the authority of the "Crown Lands Alienation Act of 1861," or any Act or Acts amend- ing the same, and to vest the said land in the Company for a term not exceeding twenty-one years, at a rental to be determined by the Minister of Lands after appraisement by the Local Land Board in the manner prescribed by the "Crown Lands Act of 1884" for the purposes 46 , 53° VIC. 1889. Broken Hill and District Water Supply Company. purposes mentioned. Provided, however, that nothing in this section contained shall have any effect or operation unless "the approval of the Governor shall first have been obtained with respect to the land so required. Compensation for 48. Where the land described in any such notification consists private lands. wholly or partly of land alienated by or not the property of the Crown, or is not Crown Land as defined by this Act, the owners, tenants, and lawful occupiers thereof shall be entitled to receive such sum of money by way of compensation for the land so described as shall be agreed upon or otherwise ascertained under the provisions hereinafter contained. Conversion of estate 49. The estate, term, and interest of every person entitled to lands of proprietor of required under this Act, or any portion thereof, and whether to the resumed land into a . ". . claim, legal or equitable estate therein, shall upon due payment of the amount of compensation tendered by the Company, or assessed by the jury as hereinafter provided, be deemed to have been as fully and effectually conveyed to the Company as if the same had been conveyed by the persons legally or equitably entitled thereto by means of tho most perfect assurances in the law. And every person shall upon asserting his claim, as hereinafter provided, and making out his title in respect of any portion of the said resumed lands, be entitled to compen- sation on account of such resumption in manner hereinafter provided. Notice of claim for 50. Every person claiming compensation in respect of any land compensation. so required, or in respect of any work or other matter done under the authority of this Act, shall, within ninety days from the publication of such notification or at any time afterwards within such extended time as a Judge of the Supreme Court shall, upon the application, and at the cost of the claimant, appoint in that behalf, serve a notice in writing upon the Company, by leaving the same at the office of the Company, which notice shall set forth the nature of the estate or interest of the claimant in such land, together with an abstract of his title, and if he claims, in respect of damage, the nature of the damage which he has sustained or will sustain by reason of the taking of his land or of such work or matter as aforesaid, and such notice may be in the form of the First Schedule hereto, but with any modifica- tions required by the nature of the claim. Claim and report 51. Within sixty days after the receipt of every such notice of thereon. claim the Company shall cause a valuation of the land or of the estate or interest of the claimant therein to be made in accordance with the provisions of this Act, and shall inform the claimant as soon as prac- ticable of the amount of such valuation by notice in the form of the Second Schedule hereto. Compensation by 52. If within ninety days after the service of notice of claim action in Supreme the claimant and the Company shall not agree as to the amount of compensation, the claimant shall be at liberty to institute proceedings in the Supreme Court in the form of an action for compensation against the Company. And any such action may be tried before a Judge of the said Court or in any Circuit Court and a special jury of four persons. Provided always that, upon proper application either of the Company or of the claimant, a special jury of twelve may be summoned for the trial of each action. Provided also with the consent in writing of the Company and the claimant, any such action may be so tried at any time (to be mentioned in such consent) before the expiration of nincty days from service of the notice of claim for com- pensation, but not within fourteen days from service of the notice of valuation on such claimant. Issue in action of 53. The issue to be tried in any such action shall be whether compensation verdict the claimant is entitled to a larger sum by way of compensation than the amount of the valuation so made by the Company and notified to the 1889. 53° VIC. Broken Till and Distr ict Water Supply Company. the claimant as aforesaid, and if so, to what sum. And if upon the trial of the said action the verdict shall be for a greater sum than the amount of the said valuation, then the costs of the action shall be borne vy the Company, but if the verdict shall be for a sum equal to or less than such valuation then the costs shall be borne by the claimant. All moneys payable under this Act by way of compensation o any claimant, whether under the verdict of a Jury or otherwise, shall be paid, together with costs (if any) and Interest at the rate of six vounds per centum, reckoned from the date of the notifications aforesaid, within one month after the determination of such com- pensation to the person lawfully entitled thereto, or to his agent duly authorized in that behalf in writing, but the claimant shall xe bound to make out his title to the estate or interest claimed by iim. in all cases where the claim is in respect of the deprivation of some estate or interest in land. Provided that in the case of land under the surface taken for the purpose of constructing a subterrancan tunnel for water supply, no compensation shall be allowed or awarded unless he surface of the overlying soil be disturbed, or the support to such surface be destroyed or injuriously affected by the construction of such tunnel, or unless any mines or underground workings in or adjacent to such land be thereby rendered unworkable or be so affected as aforesaid. 55. A District Court shall, notwithstanding anything con- tained in the " District Courts Act of 1858," have jurisdiction to try any such action of compensation at the nearest District Court in any case where the whole amount of the claim in respect to such land served in pursuance of the fifty-first section of this Act does not exceed two hundred pounds, or if "exeveding that amount in any case where the Company and the claimant by a 'Memorandum signed "by the Seeretary of the said Company and such claimant or by the respective attorneys of the Company and the claimant agree thercto. For the purposes of this section, the provisions of the said District Courts Act and of any Act amending the same, together with all rules made or to be made thereunder, shall be deemed to apply to all proceedings taken in the said District Court hereunder. 56. In estimating or assessing the compensation to be paid under this Act, regard shall be had by the valuators and by the jury (on any issue) not only to the value of the land taken by the Company, but also to the damage (if any) to be sustained by the claimant by reason of the severing of the land taken from other lands, or other injuries suffered by him by reason of the exercise of the powers expressed or incorporated in this Act, and they shall assess the same according to what they shall find to have been the value of such lands, estate, or interest at the time of the resumption thereof, or the extent of the damage or injury sustained. 57. Subject to the provisions of this Act, it shall be lawful for As to payment of compensation. Where claim may be prosecuted in District Court. Compensation how to be estimated. General power of the Company and for any officer duly authorized in that behalf," and for all persons employ ed in the carrying out of any authorized works, and for any person authorized by the Company, to enter upon the lands of any person whomsoever which the Company may require to purchase or take, and to take possession and appropriate the same for the purposes of this Act, or of the exceution of any such authorized works. 58. Notwithstanding anything hereinbefore containcd, it shall Power to purchase be lawful for the Company, if they think fit, to agree with the owners of any lands, the acquisition of which is authorized by this Act, and with all parties having any estate or interest in such lands, or by this Act enabled to sell and convey the same, for the absolute purchase, for a consideration in money, of any such lands, or parts thereof as shall be thought proper, and of all estates and interests in such lands of what kind soever. ao. lands by agreement Parties under disability enubled to sell and convey and exercise other powers, Tncorporation of pro- visions of Govern- ment Railways Act. 53° VIC. 1889. Broken Lill and District Water Supply Company. 59. It shall be lawful for all parties being scized, possessed of, or entitled to any such lands, or any estate, term, or interest therein, to sell and convey or release the same to the Company, and to enter into all necessary agreements for that purpose, and par- ticularly it shall be law ful for all or any of the following parties so seized, possessed, or entitled as aforesaid, so to scll, convey, or release, that is to say, all corporations, tenants in tail or for any term, or for life, married women seized in their own right or entitled to dower, guardians, committees of lunatics and idiots, trustees, or feoitecs, in trust for charitable or other purposes, executors, and adminis- trators, and all parties for the time being entitled to the receipt of the rents and profit of any such lands in possession or subject toany estate in dower, cr to any Tease for life or for lives and years, or any less interest, and the power so to sell and convey, or lease as aforesaid, may lawfully be exercised by ali such parties other than married women entitled to dower, or lessees for life or for lives and years, or for years, or for any less interest, not only on behalf of themselves and' their respective heirs, executors, administrators, and successors, but also for and on behalf of every person entitled in reversion, remainder or expectancy after them, or in defeasance of the estates of such parties, and as to such married women, whether they be of full age or not, as if they were sole and of full age, and as to such guardians on behalf of their wards, and as to such cominittees on behalf of the lunaties and idiots, of whom they are the committees respectively, and that to the same extent as such wives, wards, lunaties and idiots respectively could have exercised the same power under the authority of this Act if they had respectively been under no disability, and as to such trustecs, exccutors, or administrators, on behalf of their cestui que trusts whether infants, issue unborn, lunatics, feme covert, or other persons, and that to the same extent as such cestui que trusts respectively could have exercised the same powers under the authority of this Act if they had respectively been under no disability, and the power hereinafter given to release lands from any rent, charge, or encumbrance, and to agree to the apportionment of any such rent, charge, or encumbrance, shall extend to, and may lawfully be exercised by every party hereinbefore enabled to sell and cony ey, or release lands to the Company. 60. The several sections of the Government Railways Act twenty-second Victoria number nineteen hereinafter specified, together with the respective power, authorities, duties, liabilities, obligations, and other the provisions therein contained, notwithstanding the repeal of the said Act, are hereby declared to be incorporated with and embodied in this Act to the intent that the same may be applied as fully and effectually to the lands taken under the authority of this Act as if the said sections had been specifically enacted heren. And that wheresoever in a section so incorporated the word ' Commissioner" occurs, there shall for the purposes of this Act he substituted in lieu of such word the expression "the Company," and whenever the word " Railway," or words implying works connected with a railway occur, there shall be substituted such words respectively as denote the nature of the work, undertaking, or purpose, in respect of which the land in question has been appropriated or resumed. The following are the sections so declared to be incorporated with this Act :— (a) As to the deposit of compensation money in certain cases with the Master in Equity, and the application and investment thereof. As to payment of such moncys in certain cases to trustees, or the parties themsclves, and the exoneration of the Company in respect thereof after payment. Sections forty- seven to fifty-two, both inclusive. (12> 1889. 53° VIC. Broken Hill and District Water Supply Company. (11) As to the deposit and application of compensation money on refusal of the owner to accept the same, or on his failing to make out a satisfactory title, and as to pr esumption of ownership. Sections fifty- three to fifty-six, both inclusive. (1) As to the procedure by the Company in case the owner or occupier of any lands resumed under this Act shall refuse to give up possession thereof, or hinder the Company from enter- ing upon or taking possession of the same. Section sixty-one. (iv) As to the purchase or redemption of the interests of mort- gagees, and the deposit of principal and interest due on mortgages with the Master in Equity, the procedure to be observed when the mortgaged lands are of less value than the mortgage debt, and where part only of lands in mortgage are taken. Sections sixty-five to seventy both inclusive. (v) As to the release of lands from rent, charges, and other encumbrances and procedure thereon. Sections seventy-one to seventy-four both inclusive. (v1) As to the apportionment of rent where lIands taken are under lease, and as to compensation. to tenants. Scctions seventy-five to seventy-cight both inclusive. (vit) As to the entry upon or temporary occupation of lands, the crossing of roads and other highways, the making of bridges, and other works of accommodation, and the provisions con- sequent thereon. Section ten and sections eighty-four to ninety-seven both inclusive. Provided that compensation shall in all respects be ascertained in accordance with this Act. 61. Tt shall be lawful for the Company and all persons by them authorized to enter wpon any lands not being a garden, orchard, or planta- tion attached, or belonging to a house, nor a park, planted walk, avenne, or ground ornamentally planted, and not being nearer to the mansion- house of the owner of any such lands than one hundred yards there- from, and to oceupy the said lands so long as may be necessary for the construction or repair of any works authorized by this Act, or of the accommodation works eonneeted ther ewith, hereinafter mentioned, and to use the same for any of the fellowing purposes, that is to say,— For the purpose of taki ing earth or soil by side euttings therefrom ; Por the purpose of depositing soil thercon ; For the purpose of obtaining materials therefrom for the con- struction or repair of waterworks or such accommodation works as aforesaid; or For the purpose of forming roads thereon, to, or from, or by the side of the said works. And in exercise of such powers, it shall lawful for the Company and all other persons employed by them to deposit and also to manufacture and work upon such lands materials of every kind used in constructing the said works, and also to take from any such lands any timber, and also to dig and take from out thereof any clay, stone, gravel, sand, or other things that may be found therein useful or proper for construct- ing the said works or any such roads as aforesaid, and for the purposes aforesaid erect thereon workshops, sheds, and other buildings of a temporary nature. Provided always that nothing in this Act contained shall exempt the Company from an action for nuisance, or other injury (if any) donc in the exercise of the powers hereby conferred to the lands or habitations of any party other than the party whose lands shall be so taken or used for any of the purposes aforesaid. Provided also that no stone or slate-quarry, brickfield, or other like place which at the time of the passing of this Act shall be commonly worked or used for getting materials therefrom for the purpose of selling or disposing of the same shall be taken or used by the Company either wholly or in part for any of the purposes lastly hereinhefore mentioned. 62. Power to take temporary possession of land. Company to separate the lands before using them, Compensation to be made for temporary occupation. Before roads inter- fered with others to be substituted. Period forrestoration of roads interfered with, Company to make suflicient approaches and fences to bridle- ways and foot-paths crossing on the line. Works for benefit of owners. Gates, bridges, &. Fences, &c. 53° VIC. 1859. Broken Hill and District Water Supply Company. 62. If any such lands shall be used for any of the purposes aforesaid the Company shall, if required so to do by the owner or occupier thereof, separate the same by a sufficient fence from the lands adjoining thereto, with such gates as may be necessary for the con- venient occupation of such lands, and in case of any difference between he owners or occupiers of such lands and the Company as to the necessity of such fence and gates, then with such fences and gates as the Governor shall deem necessary for the purposes aforesaid. 63. In any of the cases aforesaid where the Company shall ake temporary posssession of lands by virtue of the powers herein granted, it shall be incumbent on them within one month after their entry upon such lands, upon being required to do so, to pay to the occupier of the said lands the value of any crop or dressing that may ye thereon, as well as full compensation for any other damage of a temporary nature which he may sustain by reason of the Company so aking possession of his lands. 64. If in the exercise of the powers hereby granted it be found necessary to cross cut through, raise, sink, or use any part of any road whether carriage-road, horse-road, or tram-road, or railway, cither public or private, so as to render it impassable for, or dangerous, or more than usually inconvenient to passengers or carriages, or to the persons entitled to the use thereof the Company shall before the commence- ment of any such operations cause a sufficient road to be made instead. of the road to be interfered with, and shall at their own expense main- tain such substituted road in a state as convenient for passengers and carriages as the road so interfered with, or as nearly so as may be. 65. If the road so interfered with can be restored compatibly with the due completion of any works authorized under this Act the same shall be restored to as good a condition as it was in at the time when the same was first interfered with by the Company or as near thereto as may be, and if such road cannot be so restored, the Company shall cause the new or substituted road or some other sufficient substi- tuted road to be put into a permanently substantial condition equally convenient as the former road or as near thereto as circumstances will allow, and the former road shall be restored or the substituted rcad put into such condition as aforesaid as the case may be with all reasonable expedition. 66. If the conduit shall cross any highway other than a public carriage-way on the level the Company shall make and at all times maintain convenient approaches with hand-rails or other fences, and. shall if such highway be a bridle-way erect and at all times maintain good and sufficient gates or stiles on each side of such conduit where the highway shall communicate therewith. 67. The Company shall make and at all times thereafter main- tain the following works for the accommodation of the owners and occupiers of lands adjoining any works authorized under this Act, that is to say— Such and so many convenient gates, bridges, arches, culverts, and passages, over, under, or by the side of or leading to or from such works as shall be necessary for the purpose of making good any interruptions caused thereby to the use of the lands through which the same shall be made, and such works shall be made forthwith after the part of the conduit passing over such lands shall have been laid out or formed or during the formation thereof. Also sufficient posts, rails, hedges, ditches, mounds or other fences, for separating the land taken for the use of such works from the adjoining lands not taken, and protecting such lands from trespass, or the cattle of the owners or occupiers thereof from straying 1889. 53° VIC. . 51 Broken Hill and District Water Supply Company. straying thereout by reason thereof, together with all necessary gates made to open towards such adjoining lands, and not towards the said works; and all necessary stiles, and such posts, rails, and other fences, shall be made forthwith after the taking of any such lands if the owners thereof shall so require, and the said other works as soon as conv eniently may be. Also all necessary arches, tunnels, culverts, drains, or other PASSAGES, Drains. cither over or under or by the side of such work, and of such dimensions as will be sufficient at all times to convey the water from the lands lying near or affected thereby. Provided always that the Company shall not be required to make such accommodation works in such a manner as would prevent or obstruct the using of any works for water supply, nor to make any accommo- dation works in such a manner as would prevent or obstruct the using of any works for any water supply, nor to make any accommodation works with respect to which the owners and occupiers of the lands shall have agreed to receive, and shall have been paid compensation. 68. If any difference arise respecting the kind or number of Ditterences as to any such accommodation works, or the dimensions or sufficiency thereof sccammodation or respecting the maintaining thereof, the same shall be determined by by Governor. the Governor, who shall also appoint the time within which such works shall be commenced and executed. 69. If any of the owners or occupiers of lands affected by such Power to owners of conduit shall consider the accommodation works made by the Com- !its.to make pany, or directed by the Governor to be made by the Company, dation works. insufficient for the commodious use of their respective lands, it shall be lawful for any such owner or occupier, at any time, at his own expense, to make such further works for that purpose as he shall think neces- sary, and as shall be agreed to by the Company. 70. If the Company so desire, all such last-mentioned accGom- such works to be modation works shall be constructed under the superintendence of the constructed under Company's engineer, and according to plans and specifications to be of the Promoter's submitted to and approved by the 'Company. But the Company shall ersineer not be entitled to require cither that plans shall be adopted which will involve a greater expense than that incurred in the execution of similar works by the Company, or that the plans sclected should be executed in a more expensive manner than that adopted in similar cases by the Company. 71. If any person omit to shut and fasten any gate set up for penalty on persons the accommodation of the owners or occupiers of the 'adjoining Jands omitting to fasten as soon as he and the carriages, cattle, or other animals under his care Bates. have passed through the same, he shall forfeit for every such offence any sum not exceeding ten pounds. ' PART IV. Miscellaneous Provisions—Legal Procedure. 72. Where any distress is made for any sum of money to be Distress not unlawful levied under this Act, the distress itself shall not be unlawful nor the ft 7 of form. persons making the same be deemed trespassers on account of any defect or want of form in the information, summons, conviction, warrant of distress, or other proceedings relating thercto, nor shall the persons distraining be deemed trespassers on account of any irregu- larity that shall be afterwards done by the persons distraining, but the persons aggrieved by such irregularities may recover satisfaction for the special 'damage i in an action on the case. 73. Penalty for default. not otherwise pro- vided for. Penalties, &c., to be summarily recovered before Stipendiary or Police Magistrate. Parties allowed to appeal to Quarter Sessions on giving security. Court to make such order as they think reasonable. Damage to be made good in addition to penalty. Notices. 53° VIC. 1889. Broken Hill and District Water Supply Company. 73. If it shall be proved to the satisfaction of any Stipendiary or Police Magistrate that the Company or any of their officers have been guilty of anv default under this Act not 'otherwise provided for, they shallbe liable for each and every such default to a penalty not exceeding five pounds, to be recovered in a summary way. 74, Every penalty, forfeiture, charge, or sum of money imposed by or made payable under this Act, the recovery of which is not other- wise provided for, may be recovered by summary proceedings before any Stipendiary or Police Magistrate, under the provisions of the Act or Acts in force for the time being, regulating summary proceedings before Justices. 75. If any party shall feel aggrieved by any determination or adjudication of any Stipendiary or Police Magistrate with respect to any penalty or forfeiture under the provisions of this ct, such party may appeal to the next Court of General Quarter Sessions, holden at or nearest to the place of such determination or adjudication, but no such appeal shall be entertaincd unless within ten days after such determination or adjudication notice in writing of such appeal, stating the nature and grounds thereof, be given to the party in whose favour such determination or adjudication shall have been made, nor unless the appellant forthwith after such notice enter into recoenizances with two sufficient sureties before a Justice, conditioned duly to prosecute such appeal and to abide the order of the Court thereon. At the General Quarter Scssions for which such notice shall be given, the Court shall proceed to hear and determine the appeal in a summary way, or they may, if they think fit, adjourn to the following Sessions, and upon the hearing of such appeal, the Court may, if they think fit, mitigate any penalty or forfeiture, or they may confirm or quash the adjudication, and order any moncy paid by the appellant or levied by distress upon his goods to be returned to him, and also may order such further satisfaction to be made to the party injured as they may judge reasonable ; and they may make such order concerning the costs, both of the adjudication and of the appeal, as they may reasonably think fit. 76. If through any act, neglect, or default, on account whercof any person shall have incurred any penalty imposed hy this Act, any damage to any conduit, main, pipe, sewer, or other property of the Company, used in connection therewith, shall have been committed by such person, he shall be liable to make good such damage as well as to pay such penalty, and the amount of such damages shall, in case of dispute, be determined by the Stipendiary or Police Magistrate by whom the party incurring such penalty shall have been convicted, and on non-payment of such damages on demand the same shall be levied by distress, and such Magistrate shall issue warrants accordingly. 77. Any notice required by this Act to be served on or given to any owner or occupier of any building, land, or premises, or on or to any person, may be in writing or partly in writing and partly printed, or may be wholly printed. "And it shall be sufficient for all purposes of this Act, unless the said Act in any case prescribes a different course to be pursued, if any such notice is sent by post to the owner by registered letter addressed to his last-known place of abode or of business, or is served on the owner or occupier ef such building, land, or premises, or left with some inmate apparently over the age of fourteen years living at the place of abode of such owner or occupier, or if there be no occupicr if such notice be posted on some con- spicuous part of such building or land. And any notice required to be given or served in respect of any public street, road, or lane, may be served on or sent by post as aforesaid, to the Council Clerk of the municipal district wherein such strect, road, or lanc, or a portion thereof affected by the notice is situated. : 8. 1889. 53° VIC. 53 Broken Hill and Disirict Water Supply Company. 78. In the event of the wrongful exercise of any powers given Indictment for 8. Ty by this Act, nothing in this Act contained shall be construed to Buses prevent any person from proceeding against the Company for nuisance or otherwise in respect of the work or means used or employed by the Company in the exercise of the privileges hereby conferred on the Company, or to prevent the Company or any person recovering any sum of moncy, or otherwise proceeding in any Court of competent jurisdiction ; but the Company or any person, to whom any penalty or sum of money may, by the provisions of this Act, be awarded, may elect either to proceed in mannezx in this Act prov ided, or to proceed £ or and recover damages or otherwise, in any Court of competent jurisdiction. 79. The Company shall not be entitled to any of the rights Limitation of time and privileges conferred upon them by this Act unless they shall have f erection of works, commenced the projected works within the period of six months and completed the same within the period of two years from the passing of this Act. 80. Tt shall be lawful for the Minister for Mines on behalf Power for Minister of Her Majesty at any time after ten years from the passing '¢ purchase. of this Act, by giving six months' notice in writing, to require the Company to sell, and thereupon the Company shall sell to the Minister for Mines on behalf of Her Majesty the Company's pro- perty and rights, upon the terms of paying the then value (exclusive of any allowanee for past or future profits of the said property and rights, or any compensation for compulsory sale or other consideration whatsoever) of the said property and rights, and all lands, buildings, works, materials, and plant of the Company suitable to and used by the Company, such value, in case of difference, to be ascertained by arbitra- tion in the manner provided by the '" Arbitration Act" thirty-one Victoria number fifteen; and when any such sale shall have been made to the said Minister for Mines on behalf of Iler Majesty, the Company's property, lands, buildings, works, materials, plant, and premises shall vest in the Minister for Mines on behalf of Her Majesty, who shall have all the rights, powers, and authorities of the Company in respect to the said property, works, and rights so sold. FIRST SCIEDULE. Notice of Claim and Abstract. To the Broken Hill and District Water Supply Company (Limited). Ty pursuance of the " Broken JHIL Water Supply Act of 1888," T (or we) hereby give yeu notice that I (@r we) claim compensation in land hereunder described which has been resumed under the said Act. The amount of such claim and other the particulars required by the said Act are stated in the subjoined abstract. Abstract. Names of persons Dates and | having the custody other short | of documents, and particulars | place or places where of docu- | the same may be in- Names and descriptions of parties claiming, and| nature of their Particulars of claim, specifying separately the amount claimed for value of. Quit rents pay- | Names of occupiers, Situation fable if leasehold,) distinguishing and name of land- | whether tenants-at- description | lord, term of | will or under lease, ecw pe a ; of property. | lease, and rent | and rent reserved, arty. ments ol spected, an cof Propens: | Ten served. 3 ae," [Property, and for] ""itte, pethe claimant's | compensation. | solicitor or agent i interests, whether tenants for life, in tail, or otherwise, (Signature) (Address) (Date) SECOND 53° VIC. 1859. Broken Hill and District Water Supply Company. SECOND SCHEDULE. Notice of Valuation. To A.B., claimant in respect of land hereunder described, resumed under the "Broken Hill Water Supply Act of 1888." TaxeE notice that the land hereunder described, being that in respect of the resumption whereof under the authority of the aforesaid Act your claim or compensation has been iodged, has been valued at the sum of & A.B. Manager of the Company. Description of land in respect of which claim has been made. Aut that piece or parcel of land, &e., &e., &e. THIRD SCHEDULE. The following is a description of the line of route of the proposed Water-works and of the district to be supplied :— 1. The Lakes Menindie and Speculation and the intervening country, being a strip of land about half-a-mile in width, situated in the Electoral District of Wentworth. 2. The river Darling at a point about half-a-mile above the town of Menindie, and thence to Lake Speculation and the country intervening, being a distance of about sixteen miles in length, in the Electoral District of Wentworth. 3. A line of country between Lake Speculation and the town of Broken Till, being about fifty miles in length, in the said Electoral District of Wentworth, of a width along the whole route of three chains or thercabouts, except at the pumping stations and reservoir. 4, The following area of land at the reservoir near the town of Broken IIill, viz., one thousand five hundred acres or thercabouts. 5. The following areas of land at the several pumping stations for timber supply and other purposes, viz. :— 1. At the first, second, third, fourth, and cighth pumping stations one thousand acres each or thereabouts. 2. At the fifth, sixth, and seventh pumping stations five hundred acres each or thereabouts. 3. At the point on Menindie Lake, known as the feeder to Lake Speculation, one thousand acres or thereabouts. 4. At the starting peg on the bank of Lake Speculation, onc thousand acres or thereabouts. The whole of the lands above referred to are leascd from the Crown, and oceupied by Herbert Bristow Hughes, and is included in the Kinchega Run, number two hundred and forty-four on the Government plans of resumed and leasehold areas. 6. The streets and lands in the township and municipal district of Broken Hill. An