Cook's River Bridge Act 1854 No crb (NSW)

adjacent the re to as to t he i nhab i t an t s of t he district of I l l awar ra and also to the publ ic a t la rge if a b r idge or dam or both combined were erected across t he r iver called Cook's River in t he coun ty aforesaid a t or near a cer ta in place called Undercliff in t he par ish of St. George aforesaid

An Act to form and make a Dam or Bridge or both combined across the River called Cook's River in the County of Cumberland in the Colony of New South Wales. [30th Novem­ ber, 1854.]

WH E R E A S	of t h e par ishes of Pe t e r sham and St. George bo th in t h e
county	of Cumber l and in t h e Colony of N e w South Wales and places

it would be of advantage as well to t he i nhab i t an t s

aforesaid and cer ta in roads made there to and therefrom connec t ing the said parishes of Pe t e r sham and St. George and render ing to the publ ic a t large a more direct way to and from Sydney and the pr incipal roads ways and avenues leading there to and the adjacent lands here­ d i t amen t s and premises and also for render ing the roads more perfect

and good and for facil i tat ing communica t ion wi th I l l awar ra and more

d is tan t places A n d whereas Thomas J o h n F i sher Esqu i re of the

t o w n of St. Leonard ' s in the par ish of Wi l loughby in t h e county aforesaid and Piddockc A r t h u r Tompson Esqu i re of Bexley in the par ish of St. George aforesaid are the owners of t he land where the said dam or br idge is in tended to be erected and they arc wil l ing and desirous to m a k e such br idge or dam and the roads from t h e Cook's River R o a d and the Newtown Road both in t he par ish of Pe t e r sham

aforesaid to the I l l awar ra Road in t he par ish of St. George aforesaid

thereby connect ing the P a r r a m a t t a Road and t h e Newtown Road wi th the I l l awar ra Road over George 's River in t h e par ish of St. George aforesaid and it is deemed advisable to g ran t t h e m full powers to do and m a k e the said br idge or dam or both combined and t h e approaches there to Be it therefore enacted by H i s Excel lency t h e Governor of N e w South Wales by and wi th t he advice and consent of t he Legislative Council thereof as follows—

1. F rom and after t he passing of this A c t i t shall and may be lawful for t he said Thomas J o h n Fisher and Piddocke A r t h u r Tompson their executors adminis t ra tors a n d assigns and the i r agents servants workmen and assis tants and they are hereby authorized and empowered to cons t ruc t and build or cause to be const ructed and bui l t and to complete a br idge or dam or both combined whichever shall seem to t he said Thomas John Fisher and t h e said Piddocke A r t h u r Tompson most expedient over or on the said r iver opposite to Undercliff afore­ said in t he said parish, of St. George a n d also to dig and make proper foundat ions in t he said r iver and to cut remove t ake and carry away all t rees roots of t rees beds of gravel sand m u d or any other impedi­ m e n t whatsoever which may in anywise h inder t he erect ing and complet ing t h e said br idge or dam and general ly to do and execute; all and every o ther acts m a t t e r s and th ings requis i te and necessary useful or convenient for erect ing bu i ld ing preserving and pro tec t ing and repa i r ing t he said br idge or dam and the course and channe l of t h e said r iver and m a k i n g such proper e m b a n k m e n t s roads ways avenues and approaches there to as aforesaid according to t h e tenor

a n d t r u e i n t en t and mean ing of th is Ac t .

2. I t shall and m a y be lawful for the said Thomas J o h n Fisher

and Piddockc A r t h u r Tompson the i r executors adminis t ra tors and assigns and they are hereby authorized and empowered to m a k e form and set out or cause to be made formed and set out proper and com­ modious and convenient roads avenues or approaches to t he said in tended br idge or dam and along the i r said respective lands on each side of t he said r iver as aforesaid and to and over t h e said in tended br idge or dam.

3 . Upon t h e proper complet ion of the said br idge or dam wi th

the said ways and approaches there to wi th in three years from and after t he passing of th is A c t A n d provided always t h a t the said br idge

du r ing the cont inuance of th i s A c t shall be kep t and main ta ined in

proper repair by t he said Thomas J o h n Fisher and Piddocke A r t h u r Tompson the i r heirs executors adminis t ra tors and assigns t he tolls hereinafter author ized and directed to be demanded and received a t t h e said in tended bridge or dam and the said intended br idge or dam a n d any toll-house or houses toll-bar or gate and toll-bars or gates t he re to be longing and the i r appur tenances shall dur ing the cont inuance of th i s A c t and for t he t e r m of t en years nex t ensu ing the complet ion

of

of t he said br idge belong to and be t h e proper ty of and vested in the said Thomas John F i she r and Piddocke A r t h u r Tompson the i r execu­

tors adminis t ra tors and assigns and i t shall be lawful t o t he said Thomas

J o h n F i she r and Piddocke A r t h u r Tompson the i r executors adminis­ t ra tors and assigns to b r ing actions and suits or ins t i tu te any cr iminal or s u m m a r y proceedings as t he case may requi re agains t any person or persons who shall steal t ake or car ry away spoil injure or destroy the said br idge or dam or other erections there to belonging.

4. I t shall and may be lawful for t he said Thomas J o h n Fisher and P iddocke A r t h u r Tompson the i r executors adminis t ra tors and assigns to charge demand and receive at t h e toll-bar or gate toll-bars or gates erected a t or upon t h e said br idge or dam t h e tolls which are specified in the Schedule m a r k e d A annexed to th is A c t and no other or h igher tolls shall be charged demanded or received t h a n such as are specified in t h e said Schedule for each and every person an imal car t carr iage dray wain wagon and other vehicle which shall pass over such br idge unless t h e same shall be approved of by H i s Excel lency

t h e Governor wi th t he advice of t he Execu t ive Council .

5. No toll shall be demandable or t a k e n by v i r tue of th is A c t

for or in respect of any horses or carr iages of or be longing to t h e Governor of t he said Colony for the t ime being or to any person in ac tua l a t t endance upon h i m or for or in respect of t h e horses beasts carts carr iages and other vehicles of a n d belonging to the Government and employed a t t he t ime of passing t he toll-bar or bars to l l -gate or gates a t or upon t h e said br idge in t he Government service or for or in respect of any horse beast carr iage or o ther vehicle conveying any c le rgyman in t h e discharge of his du ty or for or in respect of any horse beast carr iage or other vehicle ca r ry ing t he post office mai ls nor shall any tol l be demandable or t a k e n by v i r tue of th i s A c t from any of H e r Majesty 's officers and soldiers be ing in proper staff or reg imenta l or mi l i ta ry uniform dress or undress in respect of t h e m ­ selves or the i r horses nor shall toll be demandable or t aken by v i r tue of th i s A c t in respect of any carr iages or horses be longing to H e r Majesty or employed in H e r service w h e n conveying persons baggage

a rms or a m m u n i t i o n or r e t u r n i n g therefrom.

6. I t shall be lawful for the said Thomas J o h n Fisher and Piddocke A r t h u r Tompson the i r executors adminis t ra tors and assigns to erect or cause to be erected a tol l-bar or gate or tol l-bars or gates a t or u p o n t he said br idge or dam and a t or upon such pa r t or pa r t s

thereof as t o t he said Thomas John F i she r and P iddocke A r t h u r	Tompson the i r executors adminis t ra tors and assigns shall seem fit and
to collect and receive t he said tolls the rea t or to nomina te and appoint some fit and proper person or persons to a t t end t h e said tol l-bar or gate or tol l-bars or gates to collect and receive t h e tolls thereat .

7. A t the expira t ion of t h e said t e r m of t e n years and a t the

expi ra t ion of th i s A c t t h e n and from thencefor th t he said br idge or

dam shall be and shall be deemed to be a publ ic br idge.

8. I f t h e said br idge or dam wi th t he said roads avenues a n d

approaches be not fully and proper ly completed wi th in t h r ee years nex t after t h e pass ing of th is Ac t t he powers given in and by t h e same shall cease and determine .

9. Al l l and which shall after the passing of th i s A c t be lawfully formed in to an avenue approach or road leading to t he said br idge on ei ther side thereof as hereinbefore provided and shall no t a t a n y t ime after t he passing of th i s Act and after t he complet ion of t h e said bridge or d a m be used as such avenue approach or road shall be deemed and t a k e n to be dedicated to the publ ic and shall no t be fenced in or r e sumed on any pre tence whatsoever but shall be subject to all such

and

and t h e l ike regula t ions orders powers author i t ies and provisions to which land used as a publ ic thoroughfare now is or hereafter shall be subject to t h e law.

10. P r o m and after t h e passing of th is Ac t i t shall and may be lawful for t he said Thomas J o h n Fisher and Piddocke A r t h u r Tompson the i r executors adminis t ra tors or assigns and they are hereby authorized and empowered from t ime to t ime to borrow and t ake u p a t in teres t any sum or sums of money tha t shall or m a y be requi red for t he m a k i n g of the said br idge or dam by one or more mor tgage or mor tgages of t he tolls to be collected a t such br idge or dam and of such br idge or dam a n d of t h e toll-houses for collecting t h e said tolls and the mort ­ gagee or mor tgagees of t he same shall if a t any t ime they lawfully enter in to possession of the said tolls and tol l-houses and br idge have the same powers and be subject to t he same liabilities which are hereby given to and imposed upon the said Thomas J o h n Fisher and Piddocke A r t h u r Tompson the i r executors adminis t ra tors and assigns in respect of t h e tolls and t h e receipt thereof and the repairs of t he said br idge or dam.

1 1 .    I t shall and may be lawful for t he said Thomas J o h n Fisher

and P iddocke A r t h u r Tompson the i r executors adminis t ra tors and assigns to demise and let to farm t h e tolls demandable unde r and by v i r tue of this A c t at or upon the said bridge or dam and the said lessee or lessees shall have t h e same powers of demanding and collecting and t a k i n g t h e said tolls as are hereby given to t he said Thomas J o h n

Fisher and P iddocke A r t h u r Tompson the i r executors adminis t ra tors

and assigns.
12. The said lessee or lessees of t h e said tolls du r ing such t ime as t he said tol ls shall be so leased as aforesaid shall and m a y nomina te and appoint such other person or persons as h e she or they m a y t h i n k necessary to collect demand and t ake such tolls so demised leased and farmed and such person or persons so appointed as aforesaid shall and m a y use all means and methods for t h e recovery thereof in case of non -paymen t or evasion as t h e said Thomas J o h n Fisher a n d Piddocke

A r t h u r Tompson the i r executors adminis t ra tors and assigns and such

lessee or lessees m i g h t or could do unde r and by v i r tue of th is Act .
13 . I n case t he tolls demandable a t or upon t h e said br idge shal l be demised by t h e said Thomas J o h n Fisher and Piddocke A r t h u r Tompson the i r executors adminis t ra tors or assigns to any person or persons and t h e lessee or lessees shal l neglect or refuse to perform the conditions on which the same shall be so let or in case t h e r en t or r en t s
agreed to be paid by such lessee or lessees or any p a r t thereof shall
be in ar rear for t he space of fourteen days n e x t after t h e day on which
the same ought to be paid or t he t e r m for which such lessee or lessees he ld t he same shall in any other m a n n e r become void i t shall and may be lawful for any Jus t i ce of the Peace upon compla in t made upon oath by or on behalf of the said Thomas J o h n Fisher and Piddocke A r t h u r Tompson the i r executors adminis t ra tors and assigns by w a r r a n t unde r his h a n d and seal to order a constable or other peace officer wi th such assistance as shall be necessary to enter upon and t ake possession of t h e said br idge and tin; tol l-house or houses a t or the reupon and all bui ldings and appur tenances the re to be longing and to remove and p u t out such lessee or lessees and the collectors keepers servants or o ther person or persons who shall be found there in toge ther wi th his he r or the i r goods from t h e possession thereof a n d from the collection of t h e tolls in respect thereof and the least; cont rac t or agreement for t h e same shall thencefor th cease and be u t t e r ly void to all in ten t s and purposes whatsoever save and except as to t he condit ions and agree­ m e n t s for paymen t u p to t h a t t ime of t he r en t payable for t h e same a n d the other condit ions or agreements contained there in on t h e

lessee's

lessee's p a r t a n d behalf and which shall or may have been broken and the same tolls and toll-houses m a y be given let or demised to any other person or persons and may in t h e m e a n t ime be collected by the said Thomas J o h n F i she r and Piddocke A r t h u r Tompson the i r executors adminis t ra tors and assigns or his or the i r servants a n d agents in t h a t behalf.

14. I n case t he lessee or t he lessees of t he said tolls shall on the expi ra t ion of t he t e r m for which the same shall have been so let or demised to h i m or t h e m neglect or refuse to deliver u p possession to t he said Thomas J o h n F i she r and Piddocke A r t h u r Tompson the i r executors adminis t ra tors or assigns to any new lessee or lessees possession of the toll-house or toll-houses a t or upon t h e said br idge or dam and all bui ldings and appur tenances the re to belonging it shall and m a y be lawful for any Jus t i ce of t he Peace upon complaint m a d e upon oath by or on behalf of t he said Thomas J o h n F i sher and Piddocke A r t h u r Tompson the i r executors adminis t ra tors and assigns by war ran t unde r his h a n d a n d seal to order any constable wi th all such assistance as shall be necessary to en te r upon a n d t ake possession of t he toll-houses and all bui ld ings and appur tenances the re to belonging and to remove and p u t out such lessee or lessees collectors keepers servants and o ther person or persons as shall be found there in toge ther wi th his he r or the i r goods and chat te ls from the possession thereof.

15 . The said Thomas J o h n F i she r and P iddocke A r t h u r

Tompson the i r executors adminis t ra tors and assigns are hereby requi red a n d t h e lessee or lessees of t he said tolls shall and are hereby requi red du r ing t h e whole t i m e t h a t h e or they shall t ake or con t inue to be t h e lessee or lessees of t he said tolls to p u t u p or cause to be p u t u p and cont inued in some conspicuous place a t or near t he tol l-gate or toll- gates or a t and upon the toll-house or toll-houses a t or upon t h e said br idge or dam a table pa in ted in dist inct legible b lack le t ters on a board wi th a whi te g round conta in ing a list of t h e tolls payable a t t h e said br idge d is t inguishing severally t he amoun t of tolls and t h e different sorts of ca t t le beasts carr iages or o ther vehicles for which they a re severally to be paid where the re shall be any var ia t ion there in and t h a t t he said Thomas J o h n F i she r and P iddocke A r t h u r Tompson their executors adminis t ra tors and assigns a n d the said lessee or lessees du r ing the whole t ime t h a t he or they shall cont inue to t ake or be the; lessee or lessees of the said tolls shall place on some conspicuous place- near to such board the chr is t ian and su rname of the collector or keeper of t h e said tolls who shal l be on du ty for t he t ime being and	shall cont inue t he same du r ing the whole t ime such collector or
keeper shall be on du ty a n d shall change t h e same on every change
t h a t m a y t ake place in such collector or keeper on du ty to t h e names of t h e collector or keeper t h a t may succeed as often as any such change may t ake place and if t h e said Thomas J o h n F i sher and Piddocke A r t h u r Tompson the i r executors adminis t ra tors and assigns while t hey shall t a k e t h e said tolls or thei r lessee or lessees shall neglect or refuse to p u t u p such table of tolls as aforesaid or to cause t h e n a m e or names of t h e said collectors or keepers of such tolls for t he t ime be ing to be pu t u p as aforesaid or if t h e collector or keeper of such tolls shall no t be in a t t endance a t all t imes by day and by n i g h t a t t he place at which h e is s ta t ioned or ough t to be or shall demand a n d t ake a grea te r toll from any person t h a n he shall be author ized to do or shall refuse to pe rmi t and suffer any person or persons to read or shal l in any m a n n e r h inder or p reven t any person or persons from reading the inscr ipt ion on t h e said boards or t h e n a m e or names so fixed u p as aforesaid or shall refuse to tel l his chr is t ian n a m e and su rname to any person or persons who shall demand to know t h e same on pay ing the said tol ls or any of t h e m or upon the legal toll being tendered or paid

shall

shall unnecessari ly deta in or wilfully obst ruct h inder or delay any passenger or passengers from going t h r o u g h the toll-gate or tol l-gates a t or upon the said br idge or dam t h e n and in each and every such case t he said collector or collectors of t h e said tolls shall forfeit and p a y for every such offence any s u m not exceeding forty shill ings to be recovered as hereinaf ter provided.

16. I f any person liable to t h e p a y m e n t of t he said tolls unde r th i s A c t shall after demand neglect or refuse to pay the same or any p a r t thereof it shall be lawful for any person hav ing r igh t or au thor i ty to collect t h e same to prevent such person or persons from pass ing t h r o u g h the said toll-gate or toll-gates a n d to shu t close and fasten t he said gates and to keep and con t inue t he same closed and fastened.
17. I f any person or persons shall resist or m a k e forcible opposit ion against or shall assaul t any person or persons hav ing r igh t or au thor i ty to collect t he said toll in t he execut ion of the i r du ty or shall pass t h r o u g h the toll-gate or toll-gates a t or upon t h e said br idge or dam wi thou t paying the legal toll to which he or they is or a re l iable or shal l f raudulent ly or forcibly evade or do any act wha tever in order or w i th in ten t to evade t h e paymen t of t he said tol l or tolls and whereby the same shall be evaded every such person shall for every such offence forfeit and pay a sum no t exceeding five pounds .
18 . I f any lessee or collector of tolls u n d e r th i s A c t or any keeper of a ga te on t h e said br idge or dam shall upon the legal toll be ing tendered or paid unnecessar i ly or for an unreasonable t ime detain or wilfully obs t ruct h inder or delay any passenger or passengers w i th or w i thou t his he r or their horses beasts carr iages car t s and other vehicles from passing over t h e said br idge or dam or if any such lessee or collector of tolls or keeper of a ga te on the said br idge or dam shall m a k e use of any uncivi l scurr i lous t h r e a t e n i n g or abusive l anguage or behaviour to any t ravel ler or passenger t ravel lers or passengers over t he said br idge or dam t h e n and in each a n d every such case t he said lessee or collector of tolls or keeper of a ga te on t h e said br idge shall forfeit and pay for every such offence any s u m n o t exceeding five pounds to be recovered and applied as hereinafter ment ioned.

19. I f any person subject or l iable to t h e p a y m e n t of any of

t h e tolls unde r or by v i r tue of th i s Act ' shall after demand thereof

neglect or refuse to pay t h e same or any pa r t or pa r t s thereof i t shall be lawful for t h e person or persons hav ing r igh t or au thor i ty to collect such tolls by himself or themselves or t a k i n g such as he or they shal l t h i n k necessary to seize a n d dis t ra in any horse beast cat t le sheep

imposed toge ther w i th the i r respective bridles saddles gears harness or carr iage or o ther t h i n g upon or in respect of which any such tol l is	accou t rements or any of t h e goods or chat te ls of t he person or persons
so neglect ing or refusing to pay and if t he toll or any p a r t thereof so neglected or refused to be paid and t h e reasonable charges of such seizure and distress and of keep ing and ma in t a in ing t h e same shal l no t be paid w i th in t h e space of one day n e x t after such seizure a n d distress made t h e person or persons so seizing and dis t ra ining may sell t he horse beast cat t le sheep carr iages or th ings so seized and dis t ra ined or a sufficient p a r t thereof r e t u r n i n g t h e overplus of t h e money to arise by such sale if any and w h a t shall r ema in unsold upon demand to t h e owner thereof after such tolls and the reasonable charges occasioned by such seizure distress ma in t enance and sale shall be deducted.
20. I f a n y person or persons whomsoever shall wilfully or maliciously injure pu l l or cu t down p luck up t h r o w down b reak level or otherwise damage demolish or destroy any tol l -gate or any chain post rai l bar wall or o ther fence or fences or l a m p or l amps of or be long ing to any to l l -gate a t or upon t h e said br idge or dam or any

3 F house

house or houses erected for t he use of any such tol l -gate or t ab le of tolls p u t u p at any such tol l -gate or toll-gates on t h e said br idge or dam or a n y a rch wall a b u t m e n t prop or fence belonging the re to or any p a r t of t h e said br idge whatsoever t h e n and in each a n d every such case every person so offending shall forfeit and pay for every such offence a s u m no t exceeding t en pounds over a n d above t h e damages occasioned thereby to be recovered as hereinafter ment ioned one moie ty of which pena l ty or penalt ies w h e n recovered shall go to and be paid to t h e informer and t h e o ther moie ty thereof w i th t h e a m o u n t of t h e

said damages shall be to t he use of t h e said Thomas J o h n F i sher and

P iddocke A r t h u r Tompson the i r executors admin i s t r a to r s and assigns.

2 1 . Al l horses cat t le sheep and o ther beasts for which toll shall

be demanded or payable u n d e r th is Ac t shall be counted by t h e lessee or collector of tolls u n d e r th i s Ac t or keeper of t he gate a t t h e said br idge before such horses cat t le sheep and other beasts shall pass over t h e said br idge or dam.

22. I t shall be lawful for any one or more Jus t i ce or Jus t i ces

of t h e Peace to hear and de te rmine in a s u m m a r y way all offences

commi t t ed	aga ins t	t h e	t r u e	in t en t	and	m e a n i n g of th i s Ac t	and	for
t h a t	purpose	to	s u m m o n	before	h i m	or	t h e m	any pa r ty or par t ies

accused of be ing an offender or offenders agains t t h e tone a n d m e a n i n g of th i s A c t and in case t he pa r ty accused shall no t appear on such summons or offer some reasonable excuse for his default t hen a n d in every such case any such Jus t i ce or Jus t ices is or a re he reby au tho ­ rized a n d requi red to proceed to m a k e inqu i ry t ouch ing t h e m a t t e r s compla ined of and to examine any wi tness or witnesses who shall be offered on e i ther side on oath and which oa th every such J u s t i c e is

he reby au thor ized to adminis te r a n d after	hea r ing the par t ies who
shal l appear and t h e witnesses offered on e i ther side such Jus t i ce	or

Jus t i ces shall convict or acqui t t he pa r ty or par t ies accused and if t h e pena l ty or money forfeited or directed to be paid in any such convict ion be not duly paid every such Jus t i ce or Jus t i ces shal l whereupon issue a w a r r a n t u n d e r his or the i r h a n d a n d seal directed to any constable or constables and the reby requ i re h i m or t h e m to m a k e distress of t he goods or chat te ls of t h e offender or offenders to satisfy such penal ty or money forfeited or directed to be paid and t h e cost of t he prosecut ion a n d distress and if w i th in five days from t h e distress be ing t aken the pena l ty or money forfeited or requ i red to be paid a n d costs shal l n o t be pa id t h e goods seized shall be appraised a n d sold render ing the over­ p lus if any after deduc t ing t h e pena l ty or s u m of money requ i red

to be pa id and t h e costs and charges of t h e prosecut ion distress a n d

sale to t he owner or owners thereof which costs a n d charges shall be ascer ta ined by t h e J u s t i c e or Jus t i ces before w h o m a n y such offender or offenders shall have been convicted and for w a n t of such distress t h e n every such J u s t i c e or Jus t i ces shall on t h e appl icat ion of any prosecutor or prosecutors a n d proof on oa th m a d e of t h e convict ion a n d non -paymen t of t h e pena l ty or sum of money directed to be pa id a n d the charges the reon by w a r r a n t u n d e r his or the i r h a n d a n d seal or hands a n d seals commit every such offender or offenders to some one of t h e common gaols of t he said Colony for any per iod n o t exceeding th ree m o n t h s Provided always t h a t no person or persons shall be convicted of any offence or offences con t ra ry to t h e provisions of th i s A c t in a s u m m a r y way before any J u s t i c e or Jus t i ces of t h e

Peace after t h e expira t ion of th ree m o n t h s from t h e t ime w h e n any

such offence or offences shall have been commit ted .

23 . This A c t shall con t inue and be in force t en years after the

pass ing of t h e same Provided t h a t t h e said br idge a n d t h e avenues

a n d roads t h e r e t o be proper ly bu i l t and completed w i th in t h r ee years

after t h e pass ing of t h e same.

A.

A.

S C H E D U L E R E F E R R E D TO.

T A B L E O F T O L L S T O B E L E V I E D P A I D A N D T A K E N U N D E K A N D B Y

V I R T U E O F T H I S A C T .

F o r every horse mare g e l d i n g ass m u l e o x or head of n e a t s. d. A Or such other rate

cat t le drawing or no t drawing 0 2

„ g i g dray or cart w i t h two w h e e l s o n l y 0 4 V Executive

o f t h e

„ wagon carriage or o ther veh ic l e w i t h four whee l s . . . 0 8 \ Council from t ime

„ sheep l a m b p ig or goat 0 0 £ I to t ime impose.

N o to l l shal l be charged on Sunday nor shal l the above to l l s be payable more t h a n once in

each day .