Balmain Tramway Act of 1886 No bta (NSW)

An Act to author ize the Borough of Ba lmain to contract for the construct ion and ma in tenance of T ramways wi th in the said Borough. [30th July, 1886.]

WH E R E A S one or more lines of T ramways should be cons t ruc ted and laid

wi th in t he Borough of Ba lmain and t h a t said Borough by t h e M unicipal

Council thereof for the t ime being should be authorized to contract and agree wi th any person or persons Corporat ion or Corporat ions Company or Companies for t he const ruct ion maintenance; and r u n n i n g of one or more lines of T ramway wi th all motors rol l ing and oilier stock necessary for t he proper working thereof in and over t he streets of the said Borough and to confer o ther t he powers hereinafter ment ioned Be it therefore enacted by t h e Queen ' s Most Exce l l en t Majes ty by and wi th t he advice and consent of t he Legislat ive Counci l and Legislat ive Assembly of N e w South Wales in Pa r l i amen t assembled and by the au thor i ty of t he same as fol lows:—

it would lie for t he publ ic benefit and advan tage t ha t

1.    I t shal l be lawful for the Borough of Ba lma in by and t h r o u g h

t h e Munic ipa l Counci l for t h e t ime be ing of t h e said Borough from

t i m e to t ime to cont rac t and agree wi th any person or persons Company or Companies Corporat ion or Corporations (which person or persons Company or Companies Corporat ion or Corporations and the i r respec­ t ive heirs successors executors adminis t ra tors or assigns are hereinaf ter referred to as and included wi th in the; words " t h e cont rac tor" ) for t he const ruct ion ma in t enance and r u n n i n g of one or more line or lines of T ramway wi th all engines s team or o ther motors cable rol l ing and o ther s tock necessary for t h e proper work ing thereof in and over t h e streets a n d roads as provided in Schedule A w i t h i n t he said Borough of Ba lmain and to m a k e such agreements wi th t he said cont rac tor re lat ive to t he carr iage of passengers and the i r l uggage and other goods and merchandise on the said l ines of T r a m w a y and to t he tolls fares and charges to be charged and made therefor as t h e said Munic ipa l Council m a y deem advisable.

2. I t shal l be lawful for t he contractor immedia te ly after such cont rac t or ag reement shall have been made and entered in to to m a k e and const ruct in a long and over such streets as m a y be ment ioned in such con t rac t or ag reemen t such line or lines of T r a m w a y as m a y be the re in ment ioned and subject to and in accordance wi th such cont rac t or ag reement to r u n on such l ine or lines all s team or o ther motors rol l ing and other stock necessary for t h e carr iage of passengers and goods over and along the said lines and to charge and demand from passengers u s ing or t ravel l ing by any of t h e said lines of T r a m w a y such tolls fares a n d charges as m a y be from t ime to t ime fixed and agreed upon by and be tween the said Munic ipa l Counci l and such contractor Provided t h a t all such tolls fares and charges be a t all t imes charged equa l ly to all persons and after the same ra t e in respect of all passengers and of all goods of t he same descript ion a n d no reduc t ion or advance in any such tolls fares or charges shall be made ei ther di rect ly or indirect ly in favour of or agains t any par t icu la r Company or person

3. The said Borough shall be responsible for all injuries caused by t h e negl igent or improper cons t ruc t ion ma in t enance or work ing of t h e said T ramway and all claims in respect of such negl igence or im­ proper conduct m a y be enforced against t he said Borough Provided always

t ravel l ing u p o n or us ing t h e said Tramway.

always t h a t the damages w h i c h m a y be recovered agains t t h e said Borough in respect of a n y such claim shall in addi t ion to all other remedies for thei r recovery be a first charge u p o n t h e tolls fares or charges charged for t he carr iage of passengers on t h e said T r a m w a y and upon all p roper ty used in and upon and necessary for the work ing of t he said T r a m w a y Provided also t h a t all o ther remedies for the enforcing of any damages which m a y be recovered in any act ion shall be exhaus ted before such damages or a n y par t thereof are sought to be recovered as aga ins t t he said Borough .

4. The gauge of t h e said T r a m w a y shall be t he same gauge as

t h e G o v e r n m e n t T ramway .

5. Before t h e opening of t h e said T r a m w a y the M u n i c i p a l

Council shall and thereaf ter t h e said Munic ipa l Council may from t ime to t i m e subject to t he provisions and res t r ic t ions in th is A c t conta ined m a k e regulat ions for the following purposes t h a t is to say—•

(I) For r egu la t ing t h e tolls fares and charges to be made a n d charged for t h e carr iage of passengers and goods on t h e said lines of T ramway ,

(II) For r egu la t i ng t he t imes of t h e a r r iva l and depar ture of t he

cars and carriages,

(III) For r egu la t ing t h e loading or un load ing of such cars and

carr iages .

(IV) For p reven t ing t he smoking of tobacco and the commission of a n y nuisance in or upon such cars or carr iages or any of t h e T ramway stat ions wai t ing-rooms or premises.

(v) A n d general ly for r egu la t i ng t he t rave l l ing upon or us ing and work ing the said T r a m w a y a n d t h e m a i n t e n a n c e of c-ood

order and for r egu la t ing t h e conduc t of t he T r a m w a y officers

and servants and for providing for t h e due m a n a g e m e n t of

t he said T r a m w a y and the pro tec t ion thereof a n d t h e cars carriages a n d wai t ing-rooms offices and premises from trespass

a n d	in jury .
(VI)	B u t no such regu la t ion shall au thor ize t he closing of t he said T r a m w a y be tween sunrise and sunset excep t a t any t ime w h e n in consequence of any of t he works be ing out of repai r or from any other sufficient cause i t shall be necessary to
close t h e said T r a m w a y or any pa r t thereof.
(VII)	Provided t h a t such by- laws be n o t r e p u g n a n t to t h e laws of

t h e Colony or to t h e provisions of th is A c t and a copy of such
by- laws shall be given to every officer and servant of t h e said

cont rac tor employed on t h e said T r a m w a y or affected b y

such by-laws and such by- laws m a y specify a m a x i m u m a n d

m i n i m u m pena l ty to	be	proceeded	for	a n d recovered unde r
t h e provisions of t h e Ac t	e leven th	and	twelf th	Vic tor ia

chap te r for ty- three Provided a lways t h a t a n y such by- laws

m u s t be first approved of by t h e A t to rney -Gene ra l of t he

Colony for the t i m e be ing .

6. The produc t ion of a copy of t h e N e w South W a l e s Govern­

ment Gazette con ta in ing any of such by-laws shal l be sufficient evidence

of such by- laws in all proceedings unde r t h e same.

7. I t shall be lawful for t h e Borough of B a l m a i n a t such t ime

or t imes as m a y be agreed upon by t h e Munic ipa l Council for t he t ime be ing of t he said Borough and t h e cont rac tor to requi re t h e said contractor his heirs successors executors admin is t ra to rs or assigns to sell and the reupon the said cont rac tor his heirs successors executors adminis t ra tors or assigns shal l sell to t h e Borough of B a l m a i n t he

said l ine or lines of T r a m w a y or any of t h e m a n d all lands bui ld ings

works mater ia l s and p lan t of t h e said cont rac tor his he i r s successors executors adminis t ra tors or assigns suitable to and used by h im or

them

t h e m for the purposes of t h e said T ramways such value in case of difference to he ascertained by two arbi t ra tors one to be chosen by the said Munic ipa l Council and the other by t he cont rac tor b u t if ei ther pa r ty shall m a k e defaul t in appo in t ing an arbi t ra tor wi th in four teen

days after be ing reques ted by t h e other pa r ty so to do t h e n the

a rb i t ra tor a l ready n a m e d m a y ac t alone and t h e award of such arbi­

t ra tors or a rb i t ra tor or of any ump i r e appointed by t h e m shal l be conclusive upon the part ies and the said arbi t ra t ion shall be subject to and be conducted in all respects in accordance wi th t he A c t th i r ty -one

Victoria n u m b e r fifteen in t i tu led " An Act to make Arbitrations more

effectual" A n d when a n y such sale shal l have been m a d e the said

T r a m w a y s lands bui ld ings works mater ia ls p l a n t and premises shall

vest in t h e Borough of Ba lma in which b y t h e Munic ipa l Counci l thereof shall have all t he r igh t s powers and authori t ies of t h e said contractor his heirs successors executors adminis t ra tors and assigns in respect to t h e said T ramways so sold and be subject to t he conditions provisions and obligations conferred and imposed by th is Ac t .

8. I t shall be lawful for t h e Governor a t any t ime after t he period agreed upon by the said Munic ipa l Counci l a n d the contractor in accordance wi th section seven by not ice in wr i t ing to requi re the said Borough or cont rac tor his heirs executors adminis t ra tors or assigns as t h e case m a y be to sell and the reupon t h e said Borough or contractor respectively shal l sell to the Government the said T r a m w a y upon t h e t e rms of pay ing t h e t h e n va lue thereof such va lue in case of difference to be ascertained b y two arbi t ra tors one to be chosen by the Secretary for Pub l i c W o r k s and the o ther by t h e said Borough or contractor (as the case m a y be) b u t if ei ther pa r ty shall m a k e default in appo in t ing an arbi t ra tor w i th in four teen days after be ing requested by the other p a r t y so to do t h e n the a rb i t ra to r already named may ac t alone and the award of such arbi t ra tors or a rb i t ra tor or of a n y u m p i r e appointed by t h e m shall be conclusive upon the par t ies and t h e said a rb i t ra t ion shall be subject to and be conducted in all respects in accordance wi th t h e A c t th i r ty-one Victor ia n u m b e r fifteen in t i tu t l ed " An Act to make Arbitrations more effectual" and w h e n any such sale shall have been made to t h e Governmen t t he said Tramways lands bui ldings works mater ia l s p l an t a n d premises shall vest in t h e Commissioner of Railways who shall have all t he r ights powers and author i t ies of t he said Borough or contrac tor as t h e case m a y be.

9. This A c t m a y be cited for all purposes as t he " Ba lmain Tramway A c t of 1886."' S C H E D U L E . A.

F r o m high-water mark a t the eas te rn end of Dar l ing-s t ree t to the te rminat ion of

the said s t ree t a t the bounda ry of t he Municipal i t ies of Balmain and Leichhardt .

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