Oriental Gas Company Act, 1857

The Oriental Gas Company Act No. 1857 1. Power toĀ break upĀ streets, etc.,Ā under superintendence, and to open drains. InĀ the TownĀ of CalcuttaĀ and itsĀ environs, and in anyĀ other townĀ or place to which the provisions of this Act may hereafterĀ be extended,Ā by a law to be passed for that purpose, the Oriental GasĀ Company,Ā Limited,ĀĀ underĀ suchĀ superintendenceĀ asĀ isĀ hereinafterĀ specified, mayĀ open and break up the soil and pavement of the severalĀ streets andĀ bridges, and may open and break up any sewers, drains, orĀ tunnels withinĀ or underĀ such streetsĀ and bridges,Ā and lay down andĀ place within the same limits pipes, conduits, service-pipes, and otherĀ works, andĀ from timeĀ to timeĀ repair, alter, or remove the same, andĀ also makeĀ any sewersĀ that mayĀ be necessaryĀ forĀ carryingĀ offĀ theĀ washings andĀ waste liquidsĀ which may arise in the making of the Gas;Ā and, forĀ the purposesĀ aforesaid, mayĀ remove andĀ use allĀ earth andĀ materials inĀ and under such streets and bridges; and they may in suchĀ streets erectĀ any pillars,Ā lamps, andĀ other works, and do all otherĀ acts which the said Company shall from time to time deem necessary forĀ supplying GasĀ to the inhabitants of the said Town of Calcutta and itsĀ environs, orĀ other town or place as aforesaid, doing as little damageĀ as mayĀ be inĀ the executionĀ of the powers hereby granted, and makingĀ compensation for any damage which may be done in the execution of suchĀ powers.

The Oriental Gas Company Act No. 1857 2. Not to enter on privet land without consent.- Provided always,Ā that nothing herein shall authorize or empower the said Company to lay down orĀ place anyĀ pipe orĀ other works into, through, or against any building, orĀ in anyĀ land notĀ dedicated toĀ public use,Ā without the consent ofĀ the ownersĀ and occupiersĀ thereof; exceptĀ that the said Company mayĀ at anyĀ time enterĀ upon and lay or place any new pipe inĀ the placeĀ of anĀ existing pipe, in any land wherein any pipe has been already lawfully laid down or placed in pursuance of this Act, and mayĀ repair or alter any pipe so laid down.

The Oriental Gas Company Act No. 1857 3. NoticeĀ to beĀ served onĀ persons having control, etc., beforeĀ breaking upĀ streetsĀ orĀ openingĀ drains.- Before theĀ said CompanyĀ proceed toĀ open orĀ break upĀ and street,Ā bridge, sewer,Ā drain, orĀ tunnel, they shall give to the Municipal Commissioners for the Town of Calcutta, orĀ other persons under whose control or management the same may be,Ā or toĀ their Clerk,Ā Surveyor, orĀ other officer,Ā noticeĀ in writing of their intention to open or break up the same, not less thanĀ three clearĀ days beforeĀ beginning suchĀ work;Ā exceptĀ inĀ casesĀ ofĀ emergency arising from defects in any of the pipes or other works, and then soĀ soon asĀ is possibleĀ after the beginning of the work, or the necessity for the same shall have arisen.

The Oriental Gas Company Act No. 1857 4.  Streets   or drains   not  to  be  broken  up  except  under superintendence of  persons having  control of  the same. If  persons having the control, etc.,  fail to  superintend, company  may proceed with the  works.--No such  street, bridge,  sewer,  drain,  or  tunnel shall, except in the cases of emergency aforesaid, be opened or broken up, except under the superintendence of the persons having the control or management thereof, or of their officer, and according to such plan as shall  be approved  of by such persons or their officer, or in case of any  difference respecting such plan, then according to such plan as shall be  determined by  a Magistrate; and such Magistrate may, on the application of  the persons  having the  control or  management of any such sewer  or drain,  or their  officer, require  the said Company to make such temporary or  other works  as they  may think necessary for guarding against any interruption of the drainage during the execution of any works which interfere with any such sewer or drain; Provided always  that, if  the persons  having  such  control  or management as aforesaid, and their officer, fail to attend at the time fixed for  the opening  of any  such street,  bridge, sewer, drain, or tunnel, after  having had  such notice of the said Company's intention as aforesaid, or shall not propose any plan for breaking up or opening the same, or shall refuse or neglect to superintend the operation, the said Company may perform the work specified in such notice without the superintendence of such persons or their officer.

The Oriental Gas Company Act No. 1857 5. StreetsĀ broken upĀ to be reinstated with out delay.- When the said CompanyĀ open orĀ break upĀ the road or pavement of any street or bridge,Ā orĀ anyĀ sewer,Ā drain,Ā orĀ tunnel,Ā theyĀ shall,Ā withĀ allĀ convenient speed, complete the work for which the same shall be broken up, andĀ fill inĀ the ground,Ā and reinstate and make good the road or pavement, orĀ the sewer,Ā drain, or tunnel so opened or broken up, and carry awayĀ the rubbishĀ occasioned thereby;Ā and shallĀ at all times, whilst anyĀ such roadĀ or pavementĀ shall beĀ so openedĀ or broken up, cause theĀ same toĀ be fencedĀ and guarded,Ā and shallĀ cause a light, sufficient for the warning of passengers, to be set up an 1 maintained against orĀ near such road or pavement where the same shall be open or broken up,Ā every nightĀ during which the same shall be continued open or brokenĀ up; andĀ shall keepĀ the road or pavement which has been so broken upĀ in goodĀ repair for three months after replacing and making good theĀ same, and for such further time, if any, not being more than twelve monthsĀ in the whole, s the soil so broken up shall continue to subside.

The Oriental Gas Company Act No. 1857 6. Penalty for delay in reinstating streets.- If the said Company open or break up any street or bridge, or any sewer, drain, or tunnel, without giving such notice as aforesaid, or in a manner different from that whichĀ shall have been approved of or determined as aforesaid, or without makingĀ such temporaryĀ or otherĀ works asĀ aforesaid, when so required, exceptĀ in theĀ cases inĀ which theĀ said Company are hereby authorized toĀ performĀ suchĀ worksĀ withoutĀ anyĀ superintendenceĀ orĀ notice; orĀ if theĀ said Company make any delay in completing any suchĀ work, orĀ in fillingĀ in the ground or reinstating and making good the road orĀ pavement, orĀ the sewer, drain, or tunnel so opened or broken up, orĀ in carryingĀ away theĀ rubbish occasionedĀ thereby; or if they neglect to cause the place where such road or pavement has been broken up toĀ be fenced, guarded, and lighted, or neglect to keep the road or pavement inĀ repair forĀ the space of three months next after the same shall haveĀ been madeĀ good, orĀ such furtherĀ time as aforesaid, they shall forfeitĀ to theĀ persons having the control or management of the street, bridge,Ā sewer, drain,Ā or tunnel,Ā in respectĀ of whichĀ such default isĀ made, aĀ sum notĀ exceeding fiftyĀ rupees forĀ everyĀ such offence, andĀ they shall forfeit an additional sum not exceeding fifty rupees forĀ each dayĀ during whichĀ any suchĀ delay as aforesaid shall continue after they shall have received notice thereof.

The Oriental Gas Company Act No. 1857 7. In case of delay, other parties may reinstate, and recover the expenses. ExpenseĀ how toĀ be ascertainedĀ and recovered.- If any such delay orĀ omission asĀ aforesaid takeĀ place, theĀ persons havingĀ the control orĀ management of the street, bridge, sewer, drain, or tunnel, in respect of which such delay or omission shall take place, may cause the work so delayedĀ or omitted to be executed; and the expense of executing the same shall be repaidĀ to such persons by the said Company; and the amount of such expense shall,Ā in caseĀ of any dispute about the same, be ascertained and recoveredĀ in CalcuttaĀ and inĀ any other town or place subject to the jurisdictionĀ of any of Her Majesty's Courts of Judicature, in the manner inĀ which expensesĀ are ascertained and recovered under Act XIV of 1856 1, andĀ inĀ anyĀ town or place not within the jurisdiction of any ofĀ Her Majesty'sĀ Courts, inĀ theĀ sameĀ mannerĀ asĀ damagesĀ are recoverable under this Act.

The Oriental Gas Company Act No. 1857 8. PowerĀ to enterĀ buildings forĀ ascertaining quantityĀ ofĀ gas consumed.- The Clerk,Ā Engineer, orĀ other officerĀ duly appointed for the purposeĀ by theĀ said Company, may, at all reasonable times, enter any buildingsĀ or place lighted with Gas supplied by the said Company, in order to inspect the meters, fittings, and works for regulating the supply of Gas, and for the purpose of ascertaining the quantity of Gas consumed orĀ supplied; andĀ ifĀ anyĀ personĀ hinderĀ suchĀ officerĀ as aforesaid from entering and making such inspection as aforesaid at any reasonable time, he shall, for every such offence, forfeit to the said Company a sum not exceeding fifty rupees.

The Oriental Gas Company Act No. 1857 9. RecoveryĀ of rentĀ due forĀ gas.- If anyĀ person supplied with Gas, orĀ any personĀ to whomĀ any meter or fitting shall have been let for hire by the said Company, neglect to pay the rent due for the same to theĀ said Company,Ā the said Company may stop the Gas from entering the premisesĀ of suchĀ person, by cutting off the service-pipes, or by such meansĀ as theĀ said Company shall think fit, and recover the rent due fromĀ such person,Ā together withĀ the expenses of cutting off the Gas, by action in any Court of competent jurisdiction.

The Oriental Gas Company Act No. 1857 10. Power to take away pipes when supply of gas discontinued.- In all cases in which the said Company are authorized to cut off and takeĀ away theĀ supply ofĀ Gas fromĀ any house or building or premises under the provisions of this Act, the said Company, their agents or workmen, after giving twenty-four hours' previsions notice to the occupier, may enter into any such house, building, or premises, between the hours of nine inĀ the forenoon and four in the after noon, and remove and carry away anyĀ pipe, meter,Ā fittings, orĀ other works, the property of the said Company.

The Oriental Gas Company Act No. 1857 11. MetersĀ not liableĀ to distressĀ for rent, etc.- Any meter or fitting letĀ for hireĀ by theĀ said CompanyĀ shall notĀ be subjectĀ to distress forĀ rent orĀ revenue or any rate due upon the premises where the same may be used, nor be taken in execution under any process of aĀ Court ofĀ law orĀ equity, orĀ any proceeding in insolvency against theĀ person in whose possession the same may be.

The Oriental Gas Company Act No. 1857 12. PenaltyĀ for fraudulentlyĀ using gas.- Every person who shall lay, orĀ cause toĀ be laid,Ā any pipeĀ to communicateĀ withĀ anyĀ pipe belonging toĀ theĀ saidĀ Company,Ā withoutĀ theirĀ consent,Ā orĀ shall fraudulently injureĀ any suchĀ meter as aforesaid, or who, in case the Gas supplied by the Company is not ascertained by meter, shall use any burner other than such as has been provided or approved of by the said Company, or of larger dimensions than he has contracted to pay for, or shall keep the lights burning for a longer time than he has contracted to payĀ for, orĀ shall otherwiseĀ improperly useĀ or burnĀ the Gas, or shall supply any other person with any part of the Gas supplied to him by theĀ said Company,Ā shall forfeitĀ to theĀ said CompanyĀ the sum of fifty rupees for

The Oriental Gas Company Act No. 1857 13. PenaltyĀ for wilfully damaging pipes.- Every person who shall willfully remove,Ā destroy, orĀ damage anyĀ pipe, pillar,Ā post,Ā plug, lamp, orĀ other workĀ of theĀ said CompanyĀ for supplyingĀ Gas, or who shall willfullyĀ extinguish any of the public lamps or lights, or waste or improperlyĀ use any of the Gas supplied by the said Company, shall, for eachĀ such offence,Ā forfeit toĀ theĀ saidĀ CompanyĀ anyĀ sumĀ not exceeding fifty rupees, in addition to the amount of the damage done.

The Oriental Gas Company Act No. 1857 14. SatisfactionĀ for accidentallyĀ damaging pipes.- Every person who shallĀ carelessly or accidentally break, throw down, or damage any pipe, or pillar, or lamp belonging to the said Company, or under their control, shallĀ pay suchĀ sum ofĀ money byĀ way of satisfaction to theĀ said CompanyĀ for theĀ damage done, not exceeding fifty rupees, as any Magistrate shall think reasonable.

The Oriental Gas Company Act No. 1857 15. PenaltyĀ for causingĀ water toĀ be corrupted.Ā Daily  penalty during the  continuance of  the offence.--If the said Company shall at any time  cause or  suffer to  be brought, or to flow into any stream, reservoir, aqueduct,  pond, or  place for  water, or into  any  drain communicating therewith,  any washing  or other  substance produced in  making or  supplying Gas,  or shall willfully do any act connected with the making  or supplying of Gas, whereby the water in any such stream, reservoir, aqueduct,  pond, on place for  water, shall be fouled, the said Company  shall forfeit for every such offence a sum not exceeding one thousand  rupees; and  they shall  forfeit an  additional sum  not exceeding five hundred rupees  for each day during which such washing or other substance shall be brought or shall flow, or the act by which such water  shall be found shall  continue, after  the expiration  of twenty-four hours  from the time when notice of the offence shall have been served on the  said Company, by the person into whose water such washing or other substance  shall be  brought or shall flow, or whose water shall be fouled  thereby; and  such penalties  shall be paid to such last-mentioned person

The Oriental Gas Company Act No. 1857 16. DailyĀ penalty duringĀ escape ofĀ Gas after notice.- Whenever any GasĀ shall escapeĀ from anyĀ pipe, laidĀ downĀ orĀ setĀ upĀ byĀ or belonging to the said Company, they shall, immediately after receiving notice thereof in writing, prevent such Gas from escaping; and in case the saidĀ Company shallĀ not,Ā withinĀ twenty-fourĀ hoursĀ nextĀ after service of such notice, effectually prevent the Gas from escaping, and wholly removeĀ the causeĀ of complaint,Ā theyĀ shallĀ forĀ everyĀ such offence forfeitĀ the sum of fifty rupees for each day during which the Gas shallĀ be sufferedĀ to escape, after the expiration of twenty four hours from the service of such notice.

The Oriental Gas Company Act No. 1857 17. PenaltyĀ if water be fouled by Gas.- Whenever any water shall be fouledĀ by theĀ Gas ofĀ the said Company, they shall forfeit to the person whose water shall be so fouled for every such offence a sum not exceeding twoĀ hundred rupees,Ā and aĀ further sum,Ā not exceeding one hundred rupees,Ā for each day during which the offence shall continue, after theĀ expiration ofĀ twenty-four hours from the service of notice of such offence.

The Oriental Gas Company Act No. 1857 18. PowerĀ to examine gas-pipes to ascertain cause of water being fouled.- For theĀ purpose of ascertaining whether such water be fouled by theĀ Gas of the said Company, the person to whom the water supposed to beĀ fouled shallĀ belong, mayĀ dig upĀ the ground,Ā and examine the conduits, andĀ works ofĀ the saidĀ Company; provided that such person, before proceeding so to dig and examine, shall give twenty-four hours' notice in writing to the said Company of the time at whichĀ such diggingĀ and examination is intended to take place, and shall giveĀ the likeĀ notice toĀ the personsĀ havingĀ theĀ controlĀ or management ofĀ the road,Ā pavement, orĀ place where such digging is to take place,Ā and theyĀ shall beĀ subject toĀ theĀ likeĀ obligationĀ of reinstating theĀ said roadĀ and pavement,Ā and theĀ same penalties for delay, orĀ any nonfeasance or misfeasance therein, as are hereinbefore provided withĀ respect toĀ roads andĀ pavements brokenĀ up by the said Company, for the purpose of laying their pipes.

The Oriental Gas Company Act No. 1857 19. ExpensesĀ to abideĀ result ofĀ examination.- If upon any such examination itĀ appears thatĀ such waterĀ has beenĀ fouled byĀ any Gas belongingĀ toĀĀ theĀ saidĀĀ Company,Ā theĀ expensesĀ ofĀ theĀ digging, examination, andĀ repair ofĀ the street or place disturbed in any such examination shallĀ be paidĀ by theĀ said Company;Ā butĀ ifĀ uponĀ such examination, itĀ appear thatĀ the water has not been fouled by the Gas of theĀ said Company,Ā the person causing such examination to be made, shall payĀ all suchĀ expenses, andĀ shall alsoĀ make goodĀ to the said Company anyĀ injury whichĀ may beĀ occasioned toĀ their worksĀ by such examination.

The Oriental Gas Company Act No. 1857 20. HowĀ expenses toĀ be ascertained.- The amount of the expenses of everyĀ such examinationĀ and repair,Ā and of any injury done to the said Company,Ā shall, inĀ case of any dispute about the same, together with the costs of ascertaining and recovering the same, be ascertained and recoveredĀ in theĀ manner prescribedĀ forĀ theĀ ascertainmentĀ and recovery of expenses in section of this Act.

The Oriental Gas Company Act No. 1857 21. LiabilityĀ to indictmentsĀ for nuisance.- Nothing in this Act contained shallĀ prevent theĀ said CompanyĀ from beingĀ liableĀ toĀ an indictment forĀ nuisance, orĀ to anyĀ other legal proceedings to which they may be liable in consequence of making or supplying Gas.

The Oriental Gas Company Act No. 1857 22. Copies  of the original Deed of Association and of all rules, etc., to  be kept  for inspection  at the  office of  the  Company  in Calcutta and  in the office of the Registrar of Joint Stock Companies, or the  Keeper of the Records of the Supreme Court at Fort William.- A copy of  the original Deed of Association of the said Company, and of  every  other   instrument registered  under  the  said  "Joint  Stock Companies' Act,  1856", as  constituting the  Regulations of  the said Company, and  a copy  of every special resolution of a General Meeting whereby any  change shall  have been, or at any time shall be made in the Regulations  of the  said Company,  shall be kept at the office of the said  Company  in  Calcutta,  and  shall  there be  open  to  the inspection of  all persons  during the  usual hours of business of the said office;  and a  copy of such original Deed of Association, and of every other  such instrument,  and  of  every  special  resolution  as aforesaid, shall  also be  deposited by the said Company as soon as it can be  done after the passing of this Act, or after the making of any such special  resolution hereafter  to be  made, in  the office of the Registrar of  Joint Stock Companies, or, if there be no such officer, in the  office of  the Keeper  of the  Records of the Supreme Court of Judicature at  Fort William  1*,  and shall  there  be filed; and an examined copy  of any  such filed  copy as aforesaid, certified by and under the  hand of  the Registrar  of Joint Stock Companies, or of the Keeper of  the Records  of the  said Supreme  Court, shall be good and sufficient evidence of each such original Deed, instrument, or special resolution, in all actions, suits, and proceedings whatsoever, whether civil or  criminal, to  be had  in any  Court of Justice or before any Magistrate, or Revenue or other officer, and whether acting judicially or in any proceedings  preliminary to  a judicial inquiry, throughout the territories of the East India Company.

The Oriental Gas Company Act No. 1857 23. ServiceĀ of process.- All services of manse or other process, and allĀ notices whatsoeverĀ which, byĀ law orĀ by the practice of any Court whereinĀ the saidĀ Company shall sue or be sued, are required to be made, served, and given, in addition to all ways and means by which the same may otherwise be legally made, and given, by leaving the same addressed toĀ the ManagingĀ Agent of the said Company at the office in Calcutta of the said company.

The Oriental Gas Company Act No. 1857 24. RecoveryĀ of penalties,Ā etc.- All penaltiesĀ and forfeitures imposed byĀ this Act,Ā and allĀ damages andĀ expenses theĀ recovery of which isĀ not speciallyĀ provided for,Ā may beĀ recoveredĀ byĀ summary proceeding before a Magistrate.

The Oriental Gas Company Act No. 1857 25. LevyĀ by distress.- AllĀ penalties, forfeitures, damages, and expenses adjudgedĀ due underĀ this Act, if the amount be not otherwise paid, mayĀ be levied by distress and sale of the goods and chattels of the partyĀ liable toĀ pay the same, and the over plus arising from such goods and chattels, afterĀ satisfying such amount and the expenses of the distressĀ and sale, shall be returned on demand to the party whose goods shall have been distained; or instead of proceeding by distress and sale,Ā or inĀ case ofĀ failure to realise by distress the whole or any partĀ of anyĀ penalties, forfeitures, damages, or expenses imposed or incurred under the provisions of this Act, the person claiming such penalty, forfeiture, damage, or expenses, may sue the person liable to pay the same in any Court of competent jurisdiction.

The Oriental Gas Company Act No. 1857 26. NoĀ distress unlawfulĀ for wantĀ of form,Ā etc.- NoĀ distress levied byĀ virtue ofĀ this Act shall be deemed unlawful, nor shall any party making the same be deemed a trespasser, on account of any defect or wantĀ of formĀ in theĀ summons, conviction, warrant of distress, or other proceedingĀ relating thereto, nor shall any such party be deemed a trespasserĀ abs initialĀ on accountĀ ofĀ anyĀ irregularityĀ afterwards committed byĀ him; butĀ all personsĀ aggrieved by any irregularity may recover fullĀ satisfaction forĀ the specialĀ damage inĀ anyĀ CourtĀ of competent jurisdiction.

The Oriental Gas Company Act No. 1857 27. Interpretation.- TheĀ following words and expressions used in this Act shall have the meanings hereby assigned to them, unless there be somethingĀ in the subject or context repugnant to such construction (that is to say):- Words importing the singular number only shall include the plural number; andĀ words importing the plural number only shall include also the singular number. Words importing the masculine gender shall include females. The wordĀ "person" shall include a corporation, whether aggregate or sole. The wordĀ "street" shallĀ include anyĀ square, court,Ā orĀ alley, highway, lane, road, thoroughfare, or public passage or place. The word "Magistrate" shall include any Magistrate of Police, and any joint Magistrate or other person lawfully exercising the powers of Magistrate, actingĀ at orĀ for theĀ place or district where the matter requiring the cognizance of any such Magistrate arises.