]No. 3509. An Act relating to the Purchase bv the State Electricity Commission of Vic­ toria of a certain Undertaking at for the Supply of Elec­ tricity. [13//?. September, 1927.] pr«MnMB. TTTHEREAS under an indenture made tlie twenty-third VV day of September One thousand nine hundred and twelve between the corporation styled The President Councillors and Eatepayers of the shire of Shepparton (hereinafter referred to as li the said municipality ") and the Provincial Electric Development Company Limited No.IOTA. a company registered under the Companies Act 1890 and an Order in Council (hereinafter referred to as u the original NO. HIS 8.10. Order ") numbered 88 under the Electric Light and Power Act 1896 which Order came into force and effect on the fourth day of February One thousand nine hundred and thirteen and was expressed to continue in force for a period of thirty years unless revoked in the meantime the said company became the undertaker for the purposes of the original ()rder and was authorized to use and supply electrical energy "within the area of supply included therein and for the purposes set forth therein and under and subject to the provisions thereof: And whereas the original Order has not been revoked : And whereas by an agreement made the thirteenth day of January One thousand nine hundred and fifteen between the said company (in the said agreement called 18 G EO. V.] State Electricity Commission [No. 3509 17 (Shepparton Purchase).

called " the undertaker '') and The India Rubber Gutta Rercha and Telegraph Works Company Limited a company registered under the Companies Act 1915 whose registered office is situate at 175 William-street (in the said agreement called "the purchaser") the said undertaker transferred and assigned and the said purchaser accepted subject to the approval of the Governor in Council all the legal powers duties and liabilities given to and imposed upon the said undertaker by the original Order and bv any agreements existing- between the said under- taker and the council of the shire of Shepparton : And whereas by an indenture made the eighteenth diiv of January One thousand nine hundred and fifteen between the said municipality and the said last-mentioned company the said municipality so far as it lawfully could and subject to the terms of the last-mentioned indenture consented to the transfer to the last-mentioned company of the original Order and of tire powers and rights of the first-mentioned company under the first-mentioned indenture: And whereas bv an Order in Council dated the seventh day of April One thousand nine hundred and fifteen and endorsed upon the instrument the transfer in terms of the said agreement dated the thirteenth dav of January aforesaid was approved: And whereas by an Order in Council dated the twenty-sixth day of April One ' thousand nine hundred and twentv-one the rates charged for a supply of electrical energy under the original Order r were varied: And whereas under the powers conferred by ' section three of the State Electricity Commission Act 1922 NO.32«6B.S. the said The India Rubber Gutta Percha and Telegraph Works Company Limited and the State Electricity Commission of (hereinafter referred to as "the Commission") have entered into the agreement a copy whereof is set out in the Schedule to this Act: And achcduie. whereas the Minister has made such inquiries as are required under the said section and the Governor in Council by Order of the eighteenth day of September One thousand Bee Government i ii i , i JI i l v .1 '1 Gazette 3rd nine hundred and tvventv-three has approved of the said October 1023, agreement: And whereas under the said section the said agreement is subject to ratification by Parliament in such form as Parliament thinks lit: And whereas pursuant to the ;.£ said agreement the Commission on the first day of January * One thousand nine hundred and twenty-five entered into .. possession of the undertaking : And whereas it is expedient to 18 18 GEO. V.] State Electricity Commission [No. 3509 (Shepparton Purchase).

to ratify the said agreement and to provide for carrying the same into effect and to make further provision with respect to the foregoing matters as hereinafter enacted: Be it there* fore enacted by the King's Most Excellent Majesty by and with the advice and consent of the Legislative Council and the Legislative Assembly of Victoria in this present Parlia­ ment assembled and by the authority of the same as follows (that is to say): —

Short title. 1. This Act may be cited as the State Electricity Commission (Shepparton Purchase) Act 1927. interpretation. o yn this Act unless inconsistent with the context or subject-matter— " Oommi93lon." " Commission " means the State Electricity Commission of Victoria. " Company." " Company "joieans The India "Rubber Gutta Percha and Telegraph Works Company Limited. "The "The agreement" means the agreement as executed a agreement." Schedule. copy of which is set out in the Schedule to this Act.

?auS5ton*ofana 3- ^ne agreement is hereby ratified and validated as agreement. on an(] from the date of the agreement and the Commission is hereby authorized and shall be deemed to have been authorized to carry the agreement into effect.

JSSSiSigsin ^- ^n fr°m an(J a^,er tue nrs^ day °f January One commission. thousand nine hundred and twenty-five— (a) the works and undertaking of the company includ­ ing all lands being part of such undertaking and the fee simple and inheritance thereof and all the estate use trust and interest of the company or any other person therein and also the benefit of any Orders in Council in respect thereof shall by virtue of and without further or other conveyance transfer or assignment than this Act be vested and be deemed to have been vested in the Com­ mission as fully and effectively to all intents and purposes as if the said undertaking (including the said lands) had been conveyed by the company or any other such person and freed 18 Geo. V:] State Ehctrieity Oommismn [No. 350© 19 (Sh&pparton Purchase).

freed and discharged from all mortgages and charges and anv debts obligations and liabilities of the company in connexion therewith and attaching thereto and to the exclusion of the company and any municipality and all other persons or bodies of persons corporate or unincorporate and without liability for any payment or compensation whatsoever by the Commission other than the payment expressly provided for in the agreement; (b) the said works and undertaking shall be and be deemed to have been merged in and form part of the works and undertakings of the Com­ mission under the Acts relating tc the Commission ; (c) the Commission may exercise and shall be deemed to have been authorized and empowered to exercise all rights powers authorities and privileges conferred by the said Orders in Council so far as the same are not incon­ sistent with or repugnant to this Act and unless and until such Orders are revoked rescinded amended or varied pursuant to this Act ; (d\ the company shall transfer to the Commission all consumer*' V ' l l l i i\ i deposit*. moneys held by the company as consumers deposits and the Commission may hold and apply such moneys as provided in the agree­ ment. 6. Where for the purposes of this Act or of the Power to agreement i. t i. s m. th,, e opinio. . n ofr th.i e ,^(governot r in r\Counci «l1 Governocouncil r tIon ° . ^ L ^ I ty .1 revoke or necessary to rescind revoke amend or vary any or the amend orders. hereinbefore recited Orders in Council the Governor in Council may (notwithstanding anything in any Act cr Order in Council) by Order published in the Government Gazette rescind or revoke the same or amend or vary the same to conform to the altered circumstances and any < h-der so amended or varied shall take effect accordingly. 6. On from and after the first day of January One gJ^J^f thousand nine hundred and twenty-live the Commission shall be and be deemed to have been authorized to carry, on and operate any works and undertaking vested in the Commission by virtue of this Act and for that purpose the provisions [No. 3509 20 18 GEO. V.] State Electricity Commission (Shepparton Purchase).

Ho.2M«».i2i provisions of section twelve of the State Electricity Com­ mission Act 1918 as amended by any Act shall extend and apply so as to authorize the Commission to supply electricity for public or private purposes to any person or body of persons corporate or unincorporate within the area of supply mentioned in the hereinbefore recited original Order.

n e y8payabl £ e r ° ?• All moneys required to be paid by the Commission bfJroSded0 under the agreement shall be provided out of moneys appwpSPby heretofore or hereafter appropriated by Parliament for the "Parliament ~" *. purpose.

Preamble SCHEDULE. Section 8. THIS AGREEMENT made the thirtieth day of May One thousand nine hundred and twenty-three Between THE INDIA BUBBER GUTTA PERCHA ' AND TELEGRAPH WORKS COMPANY LIMITED of 106 Cannon-street London England and whose Victorian Office is situate at No. 175 William-street in the City of Melbourne (hereinafter and in the annexed documents referred to as " the Vendor ") of the one part and the STATE ELECTRICITY COMMISSION OF VICTORIA hereinafter and in the said documents referred to as " the Purchaser ") of the other part WHEREAS the Vendor is an undertaker within the meaning of and referred to in Sections 43 and 44 of the Electric Light and Power Act 1915 No. 2645 AND WHEREAS by Section 3 of the State Electricity Commission Act of 1922 No. 3265 to the extent and subject as therein set out the Purchaser is empowered to enter into an agree­ ment with any undertaker referred to in the said Sections 43 and 44 for the purchase by the Purchaser and any such undertaker is empowered to enter into an agreement with the Purchaser for the sale to the Purchaser of the whole or any part of any undertaking of such undertaker under the Electric Light and Power Act 1915 AND WHEREAS the Minister has made all neces­ sary inquiries and the Governor in Council has approved this agreement as indorsed hereon Now Tins AGREEMENT made pursuant to the said Section 3 WITNESSETH THAT IT IS HEREBY AGREED as follows :— 1. The Vendor shall sell hand over transfer and assign to the Purchaser ALL the lands buildings plant machinery apparatus and articles and things described or referred to in the Particulars and Conditions of Contract and the Inventories annexed hereto and in accordance with and subject to the said Conditions of Contract. 2. The Purchaser shall pay the Vendor as the purchase price of the said lands buildings plant machinery apparatus and articles and things a sum calculated on the basis set out in the said Conditions of Contract together with all other sums (if any) therein provided to be paid by the Purchaser to the Vendor and in all cases in the manner and at the times provided in and subject to and in accordance with the said Conditions ' of Contract. 3. The Vendor and the Purchaser shall also perform fulfil and observe all and several the agreements obligations and conditions contained SCHEDULE 18 GEO. V.] State Electricity Commission [No. 3509 21 (Shepparton Purchase).

SCHEDULE—continued. expressed or shown in or reasonably to be inferred from the said Particulars Conditions of Contract and the Inventories and by and on the part of the Vendor and the Purchaser respectively to be performed fulfilled and observed. SIGNED SEALED AND DELIVERED for and oiO behalf of THE INDIA RUBBER GUTTA PERCHA AND TELEGRAPH WORKS COMPANY LIMITED 11 by WILLIAM HENRY SCOTT its Attorney V (L.S.) in that behalf duly authorized in the | presence of— J W. H. SCOTT. (Sgnd.) R. W. BEST, Solicitor, Melbourne. * THE COMMON SEAL of the State Electricity"] Commission of Victoria was hereto annexed > (L.S.) in the presence of— J 1 (Sgnd.) J. MONASH, Commissioner. (Sgnd.) THOMAS R. LYLE, Commissioner. (Sgnd.) R. LIDDELOW, Secretary. Received from the State Electricity Commission of Victoria the sum of Five hundred pounds in terms of Clause 3 of Con­ # ditions £500 The India Rubber Gutta Percha and Telegraph Works Lk Coy. Ltd. (Sgnd). W. H. SCOTT. 2d. Duty Stamp • 5/6/23. W. II, SCOTT.

PARTICULARS AND CONDITIONS OF SALE OF FREEHOLD PROPERTY IN THE PARISH OF SHEPPARTON AND OF CERTAIN PERSONAL PROPERTY. PARTICULARS. f (1) So much and such part as lies above the depth of Fifty feet below the surface of ALL THAT piece of land delineated and coloured purple on the map in the margin of Certificate of Title entered in the Register Book, Volume 3707, Folio 741359, being part of Crown Allotment 3A, Section 8, Township and Parish of Shepparton, . (2) ALL THAT the Electric Power House and all out-buildings erected on the said land and the electrical power plant, machinery, electrical reticulation system, goods, articles and things set out in Part 1 and Part 3 of the Inventory marked " A " annexed hereto and signed for purposes of identification by the Manager of the Company and the Secretary of the State Electricity Commission of Victoria hereinafter referred to, all of which are comprehended or included in the word " plant" where here­ after used. (3) ALL THAT the right title and interest of the Vendor of and in Order No. 88 under the Electric Light and Power Act 1896 No. 1413, Section 10, and which Order is cited as the Township of Shepparton Electric Lighting Order No. 88 1913. SCHEDULE 18 GEO. V.] titate Electrwtiy Commission [No. o509 (Shepparton Purchase).

SCHEDULE—continued. THE Real and Personal Property set forth in the above Particulars are hereafter shortly referred to collectively as the " Undertaking." CONDITIONS. 1. THE Purchaser shall complete its purchase upon the day that the balance of purchase money shall fall due but it shall be entitled to the possession of the Undertaking (subject as in this Contract provided) upon the payment of the instalment of FIVE THOUSAND POUNDS (£5,000) on the First day of January One thousand nine hundred and twenty-five and if from the default of the Purchaser the said instalment of Five .thousand pounds is not duly paid and/or its purchase shall not be completed at the time above specified the Purchaser shall pay interest on the said instalment of Five thousand pounds and/or the said balance of purchase money at the rate of Eight pounds per centum per annum to time of completion without prejudice however to the Vendor's right under the 18th Condition. 2. THE purchase money for the Undertaking shall be as follows :— £ s. d. £ s. d. Undertaking and Plant as valued at 31st December, 1921 .. .. 8,500 0 0 Additional plant agreed to up to 13th July, 1922 ...... 689 1 3 9,189 1 3 Tangye Engine installed with approval of Vendor .. .. _ .. 1,475 0 0 Expenditure, capital account, various items, viz., £111, £92 13s. 10d., and £158 7s. 2d. approved bv Vendor up to the 19th February, 1923 .. 362 1 0 1,837 1 0 11,026 2 3

There shall be added to the said sum of Eleven thousand and twenty-six pounds two shillings and threepence all sums representing the total expen­ diture of the Company on capital works executed in connexion with the Undertaking between the Nineteenth day of February One thousand nine hundred and twenty-three and the date of the Vendor taking possession namely the First day of January One thousand nine hundred and twenty- five PROVIDED HOWEVER (except as to the said sum of Eleven thousand and twenty-six pounds two shillings and threepence and the works con­ cerned) that the Purchaser has prior to such works being undertaken by the Vendor approved of them and of the amount to be expended on them and that the same have been duly carried out to the reasonable satisfaction of the proper ollicer of the State Electricity Commission to be nominated by it for the purpose who shall certify the same at the time of disbursement or as soon thereafter as he shall have had adequate opportunity of inspect­ ing the works or instalment thereof concerned but there shall be deducted from any such expenditure (save and except the above-mentioned sum of Nine thousand one hundred and eighty-nine pounds one shilling and threepence (£9,189 Is. 3d.) an amount representing depreciation calculated at the rate of Eight and a half per centum thereof per annum over the period as to the articles and things covered by the above-mentioned sum of One thousand eight hundred and thirty-seven pounds one shilling SCHEDULE 18 GEO. V.] State Electricity Commission [No. 3509 (Shepparlon Purchase),

SCHEDULE—continued. (£1 837 Is.) from the date of the Invoice thereof as set forth in Parts 2 and 3 of the said Inventory or from the date of test in the case of the item covered by the sum of One thousand four hundred and seventy-five pounds (£1,475) and as to any other sum from the disbursement by the Company in all cases up to the First day of January One thousand nine hundred and twenty-five. 3 THE Purchaser shall pay to the Vendor a deposit of Five hundred pounds (£500) on the signing hereof and shall on the First day of January One thousand nine hundred and twenty-five or on the date of possession mentioned in Clause 13 whichever shallbetlie earlier date pay to the Vendor a further instalment of Five thousand pounds (£5,000) on account of the Purchase money and shall pay the balance of the Purchase money on or before the First day of March One thousand nine hundred and twenty-five together with interest on the said balance of Purchase Money from the First day of January One thousand nine hundred and twenty-five or from the date of possession as mentioned in Clause 13 whichever shall be the earlier date to the First day of March One thousand nine hundred and twenty -five or to any earlier date when such balance is paid at the rate of Six pounds per centum per annum. 4 THE Certificate of Title to the land sold and the above-mentioned Order in Council No. 88 and any agreements in writing or other documents or instruments necessary to establish the title of the Purchaser to the Undertaking shall be produced and a copy of the said Certificate of Title and Order may be made by the Purchaser or its Solicitor on application in that behalf to the Vendor or its Solicitors and the Purchaser shall within Fourteen days from the date hereof deliver to the Vendor or its Solicitors a Statement in writing of all objections or requisitions (if any) to or on the Title to the said land or concerning the said Order or any matter appearing in the Particulars and in this respect time shall be of the essence of the (Contract Any further objection or requisition arising out of the answers to original requisitions shall be made within seven days of such answer. All objections or requisitions not included in such statement to be delivered within the time aforesaid shall be deemed absolutely waived by the lur- cliascr. In default of such objections (if none) and subject only to such (if any) so delivered the Purchaser shall be considered as having accepted the Title to the Undertaking and every part thereof. 5 IN case the Purchaser shall within the time aforesaid make any objection to or requisition on the Title or otherwise which the Vendor shall be unable or unwilling to remove or comply with and such objection or reouisition shall be insisted, on it shall be lawful for the Vendor or its Solicitors (whether they shall have attempted to remove such objection or to complv with such requisition or not and notwithstanding any negotia­ tions or litigation in respect of the same) at any time by notice in writing to annul the sale and within one week after giving such notice to repay to the Purchaser the said deposit of Five hundred pounds m full satis­ faction of all claims and demands whatsoever by the Purchaser but without any interest costs or damages of any description. 6. ALL rates, taxes, assessments, charges and outgoings of every description in respect of the Undertaking sold shall be borne and paid by the Purchaser or the Vendor shall be relieved from and indemnified against 867.-2 ' SCHEDULE 18 GEO. V.] State Electricity Commission [No. 3509 ] (Shepparton Purchase). i

SCHEDULE—continued. the payment thereof as from the said First day of January One thousand nine hundred and twenty-five and any such rates, taxes, assessments, charges and outgoings that have been paid by the Vendor in advance and which the Vendor is not lawfully entitled to recover from the respective authority to which they were paid shall be apportioned between the Vendor and the Purchaser as from that date and the proportion payable by the Purchaser shall be paid by it to the Vendor in cash on application. 7. THE land is believed and shall be taken to be correctly described as to measurements and otherwise and is sold subject to the reservations and conditions (if any) contained in the original Crown Grant thereof and all easements affecting the same. The Purchaser shall accept the land described by the Title and by the Particulars as identical with the land enclosed within the present boundary fences of the property sold and the Purchaser shall not be entitled to call for any amendment of title or compensation for any error or discrepancy in measurements. 8. THE Vendor shall until the date of possession continue to operate and maintain the Undertaking in the ordinary careful course of business and to the reasonable satisfaction of the Purchaser and the Vendor shall be entitled to all profits arising from the Undertaking prior to the date of possession. 9. THE Plant shall be handed over to the Purchaser (who shall take possession thereof) on the date of possession in as good condition as at present fair wear and tear and (provided the Vendor duly fulfils and observes his obligations under the next succeeding clause numbered 10) damage by fire storm and tempest occurring subsequent to the acceptance of title excepted and also any capital works referred to in Clause 2 shall, subject to the like exception, be handed over in as good order and condition as when executed. Stores to the value of Fifty pounds (£50) (or a correspond­ ing allowance up to that amount) shall also at the same time be handed over (or made) to the Purchaser.

10. THE Plant has been insured in the total sum of Six THOUSAND TWO HUNDRED POUNDS (£6,200) in the London and Lancashire Fire Insurance Company Limited as follows :—On the Building Six HUNDRED AND FIFTY POUNDS (£650) ; on Stock ONE HUNDRED POUNDS (£100); and on the Machinery FIVE THOUSAND FOUR HUNDRED AND FIFTY POUNDS (£5,450) making a total of Six thousand two hundred pounds. The Purchaser approves of the Insurance Company and of the total and the several amounts for which the said plant has been insured as above set forth. The conditions and stipulations endorsed on the said Policies include the following :—

RISKS NOT COVERED EXCEPT UNDER CERTAIN CONDITIONS. The insurance does not cover loss or damage directly or indirectly proximately or remotely occasioned or contributed to by or through or arising out of or in connexion with— (a) Typhoon, hurricane, volcanic eruption, earthquake, or other convulsion of Nature, or any direct or indirect consequence of any of the said occurrences. SCHEDULE 18 GEO. V. State Electricity Commission [No. 3509 25 (Shepparton Purchase).

SCHEDULE—continued. (b) Invasion, the act of foreign enemy, hostilities, warlike operations (whether before or after declaration of war), riot, civil com­ motion, rebellion, the exercise of military or usurped power, the administration of any place or area under martial law or in a state of siege, any of the events or causes which determine the proclamation or maintenance of martial law or state of siege, or any direct or indirect consequence of any of the said occurrences; and no claim for loss or damage under this policy shall be payable or sustainable (if the Company at any time before payment dispute the claim), unless the Insured shall prove to the satisfaction of the Company that the loss or damage (whether it took place before or during or after any of the said occurrences) arose independently of, and was not directly or indirectly, proximately or remotely occasioned or contributed to by or through any of the said occurrences or any such consequence thereof as aforesaid. IT IS AGREED between the Vendor and the Purchaser that any risks under the said conditions or stipulations quoted shall belong to and be undertaken by the Purchaser but that all risks as to the validity of the Policies and/or not covered thereby shall belong to and be undertaken by the Vendor until the date of possession hereinafter mentioned. The said Policies shall on acceptance of Title as hereinbefore provided for be trans­ ferred into the names of the Vendor and of the Purchaser. The Vendor will at its own expense continue the said Policies or otherwise will keep the premises insured against all destruction or damages as aforesaid up to the First day of January One thousand nine hundred and twenty-five or until possession shall be taken as hereinafter provided in an office to be approved of by the Vendor in the said sum and will not do or suffer any act or default whereby any such insurance may be prejudiced and will up to the said date punctually pay all premiums and other moneys necessary for effecting and keeping on foot such insurances and will on demand produce to the Purchaser the Policy or Policies of such Insurance and all receipts for premiums and upon any default by the Vendor in effecting such Insurances or in producing the Policies and receipts for premiums the Purchaser may insure and deduct the amount expended from the purchase money. All moneys (if any) received under any such Policy or Policies before the whole Purchase Money shall have been paid shall be applied at the Purchaser's option either in re-building or reinstating the premises and the Plant and/or added capital works (if any) covered by the said policies or in paying to the Vendor any balance of purchase money and interest then still un­ paid or on account of or in part payment of the same. The balance (if any) of such insurance moneys shall belong to the Purchaser, or in the event of any loss arising in connexion therewith otherwise than by reason of the actual default of the Vendor such loss shall be borne by the Purchaser.

II. THE Vendor will discharge all debts and liabilities prior to date of possession but as from the date of possession the Purchaser shall relieve the Vendor of all duties and obligations relating to the conduct of the Undertaking and/or the supply of Electricity to the inhabitants of or residents of Shepparton and/or the surrounding district and thereafter arising under the Vendor's said Order in Council or under any contract SCHEDULE 18 GEO. V.] State Electricity Commission [No. 3509 (Shepparton Purchase).

SCHEDULE—continued. with the Shepparton Municipal Council or under the Electric Light and Power Acts or under any contracts which relate to customers or to any officers or workmen exclusively employed in connexion with the Under­ taking or to the supply of stores and materials to the Vendor or the execu­ tion of works which contracts are now in force or are hereafter entered into with the Purchaser's consent and the Purchaser shall be entitled to the benefit of such contracts so arising subsequent to the date of possession and the Purchaser will indemnify and hold harmless the Vendor against all and every the matters and things aforesaid. A month prior to posses­ sion the Vendor will furnish the Purchaser with a list of all substantial contracts concerned. Except with the Purchaser's consent or approval no contracts shall be hereafter entered into by the Vendor the performance ' of which may not be completed prior to the First day of January One thousand nine hundred and twenty-five.

12. THE Vendor shall close its accounts with consumers on the date of possession the Purchaser paying the Company in respect of any premises supplied of which the meters have not then been read to date a pro rata amount for the period since the last reading based on the supply given over the preceding two months or during the time since such premises were first connected, whichever is the shorter. Consumers' deposits shall be transferred to the Purchaser on possession and held by it as security for payment of any relevant moneys which may for the time being be owing to the Vendor prior to possession and not then paid, as well as for any relevant moneys thereafter being or becoming owing to the Purchaser.

13. THE date of possession for the purposes of this Agreement shall be the First day of January One thousand nine hundred and twenty-five but in the event of the plant or any material portion thereof being destroyed or rendered useless prior to that date and after the date of acceptance of title so that the Vendor is thereby materially hampered or prevented from continuing to fulfil his responsibilities as to the supply of electricity within Che whole or any substantial portion of the area of supply referred to in the Order in Council issued under the Electric Light and Power Act 1896 which Order is cited as the Township of Shepparton Electric Lighting Order No. 88, 1913, then unless the Purchaser shall apply the moneys received as insurance of the plant or of such portion thereof forthwith in the restoration of the same the date of possession shall be Fourteen (14) days after the date of the notification by the Vendor to the Purchaser of the occurrence of such destruction or damage. AND the above-mentioned instalment of Five thousand pounds shall thereupon become due and pay­ able by the Purchaser to the Vendor on such last-mentioned date of pos­ session. PROVIDED HOWEVER AND IT IS HEREBY AGREED between the parties that in the event of the plant or any material portion thereof being destroyed or rendered useless as aforesaid the Vendor shall forthwith notify the same in writing to the Purchaser at its office in William-street; Melbourne, and within three clear working days after the receipt of such notification the Purchaser will inform the Vendor in writing by notice to be delivered to the Vendor at its business premises in Melbourne as to whether the Purchaser desires the Insurance moneys so received to be handed over or paid to the Vendor in payment or reduction of purchase

SCHEDULE 18 GEO. V.] State Electricity Commission [No. 3509 27 (Shepparton Pareliase).

SCHEDULE—continued. money and interest then still unpaid or that the same shall be applied in re-building or reinstating the premises and plant and/or added capital works (if any) so covered by the said Policies. 14. THE Purchaser will be prepared to allow the Vendor in order to facilitate the winding-up of its affairs in connexion with the Undertaking office facilities and the services of its former staff as may be reasonably required for a period of up to three months after the date of possession. 15. ON or as may be demanded after payment of the final balance - due the Vendor shall execute and procure the execution of all necessary | parties to all such assignments transfers and assurances as shall be requisite f for vesting in the Purchaser or its nominee all the property and assets : and rights of or held and enjoyed by the Vendor in connexion with its Undertaking for the supply of electricity within the boundaries of the "f Township of Shepparton and its vicinity except such as are expressly ex- -| eluded herein and in particular save as aforesaid an unencumbered estate in > fee simple in the land above referred to. The Purchaser shall prepare and shall bear'the cost of registering and pay any State Stamp Duty or fees charged on any such assignments transfers or assurances. It shall also § procure any necessary consents to the said Order in Council being f, cancelled or duly transferred or assigned to it.

16. THERE shall be excluded from this sale :— (a) the private and London correspondence of the Vendor ; (6) the books and records of the Vendor not essential for carrying on the business of the Undertaking ; (c) all sums of money held by or owing to the Vendor at date of possession other than consumers' deposits referred to above; {d) any deposit which may then have been lodged by the Vendor with the Government as security in respect of its Undertaking. 17. THE Vendor will endeavour to obtain a proper and formal Releas© and Discharge of any rights and options of purchase of the Shepparton I Council over the Undertaking under any existing Agreement and this f Contract is made subject to the Vendor being able to do so. -St. 1|: 18. IF the Purchaser shall fail to comply with the said Conditions or | any of them or to pay the said instalment of Five thousand pounds or any :; interest provided for in these Conditions or to pay off the balance of the ) Purchase Money when it becomes due or payable its deposit money shall be actually forfeited to the Vendor and the Vendor may (notwithstanding "• any rule of law or equity to the contrary) at its option either retake and retain the Undertaking and forfeit the said moneys as absolute owner or may resell the said Undertaking or any part thereof by public auction or private sale and if there shall be any deficiency in price on such re-sale ' such deficiency and all expenses occasioned by the Purchaser's default at * this present sale shall be recoverable by the Vendor as and by way of ir liquidated damages and if there shall be any surplus of any such re-sale ;f the same shall belong to the Vendor in addition to the forfeited moneys. H The Purchaser shall in the event of any such re-sale honestly and carefully I SCHEDOXB 28 18 GEO. V.] State Electricity Commission [No. 3509 (Shepparton Purchase).

SCHEDULE—continued!. exercise its discretion as to the recommending or otherwise of any applica­ tion for the necessary consent to a transfer or assignment to the Purchaser of the said Electric Lighting Order No. 88,1913. 19. THE Vendors' Solicitors are Messieurs Fink, Best and Miller, of Ludstone Chambers, 352 Collins-street, Melbourne. 20. TIME shall in all respects be the essence of the Contract.

INVENTORY. This page and the following seven pages of paper writing are the Inventory referred to in the Particulars and Conditions annexed to (ihe foregoing and annexed Agreement made the Thirtieth day of May 1923, between The India Kubber Gutta Pereha and Telegraph "Works Company Limited of the one part and the State Electricity Commission of Victoria of the other part.

(Sgnd.) W. H. SCOTT, Manager of the Company.

E. LIDDELOW, Secretary of the Commission.

PART 1. Includes the buildings, plant, machinery, apparatus, electrical reticu­ lation system, goods, articles and things and cost of erecting the same (shortly referred to hereafter as " the Plant ") belonging to the Company on 20th November, 1922, and which are covered by portion of the purchase money amounting to the sum of £10,867 15s. Id. which said amount is made up by the following sums, which are set forth in clause 2 of the said Contract, that is to say:— £9,189 Is. 3d., £1,475, £111, £9213s. 10d.—Total, £10,867 15s. Id.

PART 2. Includes those items in Part 1 which were delivered and erected subse­ quent to the 13th July, 1922, and in regard to which the expenditure has been approved of by the Purchaser.

PART 3. Includes goods and work not included in Part 1 and supplied or per­ formed subsequent to the 20th November, 1922, in regard to which the expenditure has been approved by the Purchaser as capital expenditure.

SCHEDULE 18 GEO, V.] State Electricity Commission [No. 3509 29 (Shepparton Purchase).

SCHEDULE—continued, A. (a) Apparatus on Consumers' Premises belonging to the Company.

Item. Item. Quan­ No. tity.

1 Insulators • • • • •• • • » , • • 1,160 2 FuaesA • • • •• • • • • • • • • 680 3 Meters—

Rat ing. Type. Maker, Volts. Ampa.

Mercury 230 10 Reason • • 269 230 5 » • • • • • • • • 3 Motor .. 230 n Electric Apparatus Company • • sa 230 3 »> »> >» • • 13 230 5 >> >» .» • • 197

230 10 »> »» »i * m 27 230 20 »> >> - »i • • 4 230 50 >t >> »» • • 1 340 . , • . •• •• •• • • • • 230 100 Electric Apparatus Company • • 1 240 3 >» >» #i • • 1 240 5 >» >» >J • • 2 440 10 »> »» >» • • 1 460 10 >» »> »» • • 5 460 15 >> »> »» t • 1 460 20 >> >» >» • • 2 460 25 >> >> »» • • 2 460 150 >> >» »» • • 1 GOO . , «• «• • • • • • • • • 230 2* Westinghouse • • 16 230 5 >» • • • • • • 4 220 2* Chamberlain and Hockham .. • • 1 230 5 »> >» • • • • 1 230 10 >> >> •• • • 4 220 5 British Thomson Houston • * 4 220 25 Ferranti t • 1 220 5 Allgemeine Elektricitata Gesellsohaft • • 3 4 Wall Tubes.. • • • • These were not counted. Usually there • • i i are two porcelain wall tubes per con­ ! i sumer A. (b) Apparatus, Plant, <&c, in the Co?npanifs Premises belonging to the Company.

BUILDING. The building, which is a timber and corrugated iron structure occupies a space of approximately 52 feet wide by 95 feet deep.

PLANT. No. 1 Unit— 1. National Gas Engine, nominal rating 25 h.p., single cylinder, fitted with magneto low tension ignition, centrifugal hit and miss governor, single fly wheel, out board bearing, 4-ft. dia. wood-driving pulley, 10-in. two-ply leather belt, shaft centres 14 feet 9 inches driving onto SCHEDULE 18 GEO. V.] State Electricity Commission [No. 3509 (Shepparton Purchase).

SCHEDULE—continued. 1 Crompton D.C. motor, 10 h.p., 220 volts 40 amps., 1,200 r.p.m., shunt wound, Serial No. 111389, and 1 Crompton D.C. motor, 12 h.p., 240 volts 43J amps., 1,200 r.p.m., shunt wound, Serial No. 117069. Shunt resistances—in series with the armatures and provided with short circuiting switches are connected in for starting the engine from the electrical side.

No. 2 Unitr- 1 Hornsby Gas Engine, nominal rating 80 h.p., twin cylinder, hori­ zontal type, magneto low tension ignition, hit and miss governor, fry wheel between cylinders, overhung driving pulley 6 feet dia., 12-in. two-ply leather belt, shaft centres 20 feet driving on to 1 Silverton D.C. generator, type F.E.P. 35 Serial No. 2188, 460/480 volts 110/115 amps., 840 r.p.m., middle wire taken from generator.

1 Air receiver.

No. 3 Unii^- 1 Tangye Gas Engine, nominal rating 80 h.p., single cylinder, horizontal type, magneto low tension ignition, hit and miss governor, overhung fly wheels 7 feet dia., 12-in. two-ply leather belt shaft centres, 19 ft. 3 in. driving on to 1 Silverton D.C. generator, type F.E.P. 35 Serial No. 2430, 460/480 volts, 110/115 amps., 840 r.p.m., middle wire taken from generator.

1 Air receiver.

BOOSTER SET. By Silverton "Rubber Co. MOTOR. Type F.E.P. 14, Serial No. 2428, 30 b.h.p., 1050 r.p.m. 460 volts.

R.H. Generator— Type F.E.P. 7 Serial No. 2429,100 amps. 10/110 volts 1,050 r.p.m.

L.H. Generator— Type F.E.P. 7 Serial No. 2193, 100 amps, 10/110 volts, 1050 r.p.m.

BATTERY. By Tudor Company— 250 Cells including 16 regulating cells on each end. This plant in -very bad order and very nearly useless. SCHEDULE ;8 GEO. V.| State Electricity Commission [No. 3509 (Shepparton Purchase).

SCHEDULE—continued. SWITCHBOARD. No. 1 Panel—Distribution Board—fitted with— 1 Double-pole Circuit Breaker. 1 Ammeter, 0-150 amps. 1 Ammeter, 0-75 amps. 1 Ammeter, 0-100 amps. 1 D.P.S.T. switch for No. 1 feeder. 1 D.P.S.T. switch for No. 2 feeder. 2 S.P.D.T. switch for street lights. 4 Fuses for feeders. 2 Fuses for street lights. No. 2 Panel—Battery and Booster Board—fitted with— 1 Single Pole Breaker. 1 Ammeter 150-0-150 amps. 1 Ammeter 0-80 amps. 1 3-point dial switch. 1 S.P.D.T. Switches Booster and Battery. 2 S.P.D.T. Switches Booster and Battery. - 1 Rheostat for No. 1 Battery. 1 Rheostat for No. 1 Booster. 1 Rheostat for Booster Motor. 1 Shunt Field Switch. 1 D.P.S.T. switch for motor. 2 Fuses for motor. 2 Fuses for booster. No. SPanelr- Voltmeter 0-600 V. Ammeter, 150-0-150 amps. 4-pole double-throw switch. S.P.D.T. switch. Circuit breaker. Shunt field switch. Rheostat for No. 2 Battery. Rheostat for No. 2 Booster. Fuses for No. 2 Booster. Integrating Wattmeter, type A, 50 amps. 150, No. 20456. Integrating Wattmeter, type A, 50 amps. 150, No. 20455. Integrating Wattmeter, type A, 50 amps. 150, No. 20457. Integrating Wattmeter, type A, 50 amps. 150, No. 20458.

No 4 Panel— rlornsby Generating Set. D.P. Circuit Breaker. Voltmeter, 0-600 V. Ammeter, 0-150 amps. Ammeter, 0-150 amps. Ammeter, 60-0-60 amps. D.P.S.T. switch. Field Rheostat for generator. SCHEDULE 18 GEO. V.] State Electricity Commission [No. 3509 (Shepparton Purchase).

SCHEDULE—continued. No. 5 Panel—Tangye Generating Set— 1 D.P. Circuit Breaker. 1 Voltmeter 0-600 V. 1 Ammeter 0-150 amps. 1 D.P.S.T. switch. 2 Fuses. 1 3-point dial switch for voltmeter. 1 Field Rheostat for generator. 1 Integrating Wattmeter, 150 amps., 460/500 volts., 3-wire, No. 75591.

No. 6 Panel—National Generating Set— 1 Ammeter, 0-50 amps. 1 Two-way tumbler switch and fuse. 1 Voltmeter, 0-500 V. 1 Two-way tumbler switch and fuse. 3 S.P.S.T. switches. 2 Field Rheostats for generators. 2 Circuit Breakers for generators.

PRODUCER ROOM. 2 Producer Plants complete with scrubbers and expansion boxes. 2 Centrifugal Pumps for the Hornsby and Tangye Gas Engines. 2 Corrugated Iron Tanks, capacity 2,000 gals, each (approx.) as cooling tanks for the National set and stand by for the other sets. 1 Rotary Water Cooler, belt-driven. 1 Stand-by Centrifugal Pump for the scrubbers. Both Producer Plants cross connected as at present. 2 Sets spanners. 2 Wells Oil Filters. 1 Spare Set Bricks for Tangye Gas Producer.

Electrical Spares in Stoch on 20th November, 1922.— 300 yards 7/036 H.D. Bare Copper Cable. 4 House Service Meters out of repair. 2 B.T.H. Motor Meters, 15 amp. 1 B.T.H. Motor Meters, 75 amp. 2 Silverton Ammeters, 0-50 amp., Serial Nos. 140644, 140640.

SCHEDULE 18 GEO. V.] State Electricity Commission [No. 3509 (Shepparton Purchase).

SCHEDULE—continued. Electrical Spares in Stock on 20th November, 1922—continued. 70 Glass Shades for street light fittings. 53 lbs. or 54 yards of 19/.064 Insulated C.M.A. Cable—refer weighbridge ticket 8871. 2 voltmeters, 0-500 volt. These require adjustment. 28 26-ft. Poles. 2 Cast Iron Grid Resistances. 1 Coil 7/036 C.M.A. Wire. 12 Pattern B.S/N. Insulators. 6 Fuses for House services. 138 lbs. of 19/.064 H.D. Cable—see weighbridge ticket No. 8605. 56 lbs. of 7/.080 H.D. Cable—see weighbridge ticket No. 8608. 12 lbs. 7/.064 C.MA. Wire—see weighbridge ticket No. 8861.

B. POLES AND EQUIPMENT THEREON.

Item. Item. Quan- No. tity.

1 Company's poles (including 6 guy poles) 485 2 Double cross arms • • • • • 2 3 Singlo cross arms • • • • • 208 4 Side bracket and swan-neck insulators 1,140 5 Straight-pin insulators • • • • • 670 6 Shackle insulators • • • • • 340 7 Button insulators (approx.) • • • • • 350 8 Section and street lamp fuses 38 9 Consumer's fuses • • • • • 18 10 Street lamp brackets • • • • • 76 11 Street lamp suspensions • • • • • 8 12 Street lamps • • • • • 84

*C. CONDUCTORS.

Item. Item. Quan­ No. tity.

IbH. 1 19/14 copper cable .. 4,550 2 19/16 » » • • • 2,565 3 7/14 » ,, .. . 1,435 4 7/16 »> ,, .. . 523 5 7/18 » ,, .. . 3,000 6 7/20 » >j • • • 1,890 7 1/12 » ,, .. • 1,770

* The above doeB not Include service wires. These usually consist of a pair oi wires 7/20 gauge luuniug from mains to consumer, and all service wires are included in the material and apparatus agreed to bo sold to the Commission. SCHEDULE 18 GEO. V.] State Electricity Commission [No. 3509 (Shepparton Purchase).

SCHEDULE—continued. PART 2. Showing additions to Capital Account since July 13th, 1922, in regard to which expenditure approval has been given by the Purchaser :—

£ s. d. 21.9.22 2| doz. f-in. insulators, straight G.I. pines, at 25s. perdoz 3 2 6 1 doz. 3|-in. shackles at 15s. per doz. 0 15 0 2 doz. 7fc-in. x \\-'m. G.I. Straps at 5s. 6d. doz 0 11 0 »» 2 doz. 4|-in. x |-iu. G.I. Bolts at 4s. 6d. doz. 0 9 0 »» 6 only Cable Lugs, 3f-in. hole at 7s. 6d. doz. 0 3 9 »» 2 only 100 amp.JLC. Fuses at 30s. each 3 0 0 27.9.22 864 lbs. 19/064 H D. Cable at 15s. 6d. per lb. 56 3 2 455 lbs. 7/.080 H.D. Cable at 15s. Id. per lb. 28 iv. 6

Total 92 16 11 Cost of erecting same 18 3 1 lit 0 0

18.8.22 3 doz. Fuses at 4s. each 7 4 0 200 yards 7/20 wire 2 12 0 100 yards 7/.064 cable 2 11 0 11.9.22 2 only Ammeters, Evershed M.C., switchboard type 11 2 0 21.9.22 100 yards 19/16 C.M.A. Cable 6 5 8 2 only Circuit Breakers, 50 amps. 9 10 0 27.9.22 576 yards 415 lbs. 19/.064 H.D. Cable 27 2 11 Extra Wages 16 14 11 27.10.22 6 doz. B Insulators, S.N. W.T. \ inch 4 19 0 2 doz. B Insulators, W.T. Bolt and Nut Pins, £-inch 1 13 0 1 Case 0 1 0 30.10.22 2 Coils 7/.036 C.M.A. Wire .. 2 14 7 Freight 0 3 9

92 13 10 Also— 1 Tangye Gas Engine, nominal rating 80 h.p., single cylinder, hori­ zontal type, magneto low tension ignition, hit and miss governor, overhung fly-wheels, 7-ft. dia., 12-in. two- ply leather belt shaft centres 19 ft. 3 in. 1 Air Receiver 1 Producer Plant complete with scrubbers and expansion

1 Centrifugal Pump for the Hornsby and Tangye Gas Engines 1 Spare set Bricks for Tangye Gas Producer, date of test, 30th October, 1922 1,475 0 0

Total ...... 1,678 13 10

PART 3. Expenditure on Capital Account for which approval has been given. Material not included in Part 1 :—

Date of Item. Amount. Invoice.

£ a.' d. 11.12.22 1 Spare Armature for 50 k.w. generator 158 7 2

23rd February, 1923. No. 3510.