Burwood Tramroad Act 1851 No 23a (NSW)

No. XVIII.

An Act to amend an Act intituled "An Act to

" authorize the continuation of a Tramroad

"from Burwood to the Wharf at Newcastle."

[22nd December, 1851.]

WH E R E A S an Ac t of the Governor and Legislative Council of New South Wales was passed in t he fourteenth year of t he

re ign of Her present Majesty in t i tu led " An Act	to authorize	the
aforesaid A n d whereas it has been deemed expedient to m a k e more effectual provision for ex tending the benefit of the same Tramroad to the publ ic at large and also for t he protect ion of the proper ty of t he said Aus t ra l i an Agr icu l tu ra l Company from any damage which may be occasioned by the operat ions of t h e said J a m e s Mitchell his heirs or assigns in m a k i n g the said Tramroad Be it therefore enacted by H i s Excellency the Governor of New South Wales wi th t he advice and consent of the Legislat ive Council thefeof Tha t t h e said Tramroad shall be a t all t imes open to the public free of all charge in respect of foot passengers and horses not drawing any vehicle bu t upon payment of a toll to the said J a m e s Mitchell his heirs and assigns in respect of	every

" continuation of a Tramroad from Burwood to the Wharf at New-

" castle" whereby James Mi tche l l of t he City of Sydney Esqui re the owner of lands commonly known by t h e n a m e of Burwood si tuate near Newcastle in the County of Nor thumber l and in t h e Colony of New South Wales was authorized under certain condit ions in t h e said Ac t ment ioned to cont inue and complete a Tramroad from the n o r t h boun­ dary of t he said Burwood Es t a t e over and t h r o u g h cer tain por t ions of

land of t he Aus t r a l i an Agr icu l tu ra l Company to t he Po r t of Newcast le

every t r uck cart wagon or o ther vehicle or carr iage whe the r d rawn by horses or otherwise of four-pence for every t r ans i t of each such t r uck car t wagon or other vehicle or carr iage.

2. A n d be i t enacted Tha t it shall be lawful for t he said J a m e s Mitchel l his heirs and assigns to erect a t one or more convenient place or places on t h e said Tramroad a toll ba r or gate or toll ba rs or gates for t h e collection of such toll and to collect and receive t he said toll the rea t or to nomina te and appoint some fit and proper person or persons to a t t end the said toll bar or gate or toll bars or gates to collect and receive t he tolls therea t .

3. A n d be it enacted Tha t if a t any t ime any dispute or differ­ ence shall arise between the said J a m e s Mitchel l his heirs or assigns and the said Aus t ra l i an Agr icu l tu ra l Company their successors or assigns touch ing or concerning any damage done or alleged to be done to or touch ing or concerning any injurious interference wi th t h e offices sheds warehouses docks or other works of t he said Aust ra l ian Agr icu l tu ra l Company by the said J a m e s Mitchel l his heirs or assigns in m a k i n g or in any way us ing the said Tramroad or in erect ing t he buildings or works connected therewi th i t shall be lawful for t h e Execu t ive Council of New Sou th Wales upon the apl icat ion of t he

Aus t ra l i an Agr icu l tu ra l Company the i r successors or assigns to decide

the quest ions or ma t t e r s so in d ispute or difference and to order a n d determine wha t a r r angemen t s shall be adopted by both or ei ther of t he said par t ies to such questions or ma t t e r s in dispute or difference

and whe ther t he whole or wha t propor t ion of the expenses a t t end ing

such a r rangement s shal l be borne by ei ther of the said par t ies and if ei ther of t h e said par t ies shall refuse or wilfully neglect to obey any decision order or de te rmina t ion made upon or against h im or t h e m the p a r t y so refusing or neglect ing shall forfeit to H e r Majesty the sum of ten pounds per diem for every day du r ing which such refusal or neglect shall cont inue and such pena l ty may be recovered in any of H e r Majesty 's Cour ts of Record.

4. Provided last ly and be it hereby enacted Tha t t he t ime
l imi ted by the said recited Act for t he complet ion of t he said Tramroad

shall be extended to the t e rm of two years from the pass ing of th i s

present Act .