An Act to enable a Company called "The Cookbundoon Slate Company (Limited)" to construct a Tramway from the Cook- bundoon Slate Quarries to the Great Southern Railway. [19th December, 1881.]
| on a parcel of land s i tuate near Mannafield in t h e county of Argy le | WH E R E A S South Wales have opened and established cer ta in slate quarr ies |
| and wi th others have formed themselves in to a Company called " The Cookbundoon Slate Company ( L i m i t e d ) " and in order to facil i tate |
| communica t ion | be tween t h e said slate quarr ies a n d t h e Grea t | Sou the rn | |
| Ra i lway such | Company is desirous of | cons t ruc t ing | a t r a m w a y from | |
| the i r said slate qua r ry to t h e | Grea t | Sou the rn | Ra i lway b u t | as pa r t of | |
| such proposed t r am wa y is in tended to be m a d e upon and pass t h r o u g h lands believed to be t he proper ty of t h e Crown and pr ivate persons respectively t he same cannot be m a d e wi thou t Legislat ive au thor i ty A n d whereas t he said slate quar r ies are l ikely to prove beneficial to t he Colony and the publ ic are concerned in p romot ing such an increase in a n d facilities for t he supply of slate for local consumpt ion as would resul t from t h e construct ion of t h e said proposed t r a m w a y and t h e traffic on t he Great Sou the rn Ra i lway would be increased the reby i t is therefore desirable to author ize by Legislat ive e n a c t m e n t t h e con |
| s t ruc t ion | of t he said t r a m w a y subject | to | t h e provisions | hereinafter | |
| conta ined upon p a y m e n t of compensat ion to t he several par t ies t h r o u g h whoso land the same shal l pass for such por t ion of thei r respect ive lands as may be requi red to be t a k e n a n d occupied the reby Be it therefore enacted by the Queen ' s Most Exce l l en t Majes ty by and wi th t h e advice and consent of the Legis la t ive Council and Legis la t ive Assembly of New South W a l e s in Pa r l i amen t assembled a n d by the au thor i ty of the same as follows :— |
| 1. I t shal l be lawful for t h e said Company to m a k e and con s t ruc t a t r a m w a y from t h e sou the rn boundary of | their said | l and | in to | |
| and | t h r o u g h | the | l and | be long ing to A u g u s t i n e | M . | Bet t s a n d | in to | a n d | |
| t h r o u g h | Crown land and in to and t h r o u g h land said to be long | to | |
| Moore and in to and t h r o u g h Crown lands and in to and t h r o u g h l and | said | | to belong to W i l l i a m Wal l ace and into and t h r o u g h Crown lands and | into | |
| and t h r o u g h | J o h n | Frost 's | land and into and t h r o u g h J a m e s Sample 's | land | |
| t h e said t r a m w a y l ine crossing a cer tain par ish road and also t he road | from | |
| Gou lbu rn to Greenwich | P a r k | and t e r m i n a t i n g a t a point on t h e | Grea t | |
| Sou the rn Ra i lway a t or near t he Mannafield P la t fo rm and to effect if necessary a junc t ion be tween said l ine and the Great Southern Ra i lway in accordance wi th section n ine ty -n ine of t h e " G o v e r n m e n t Ra i lways |
| A c t of | 1858 " such t r a m w a y to be in t he l ine described in the | Schedule | |
| b u t so t h a t t h e same shall no t occupy a t any par t thereof | (except | |
| nea r | the | j unc t i on of t h e Great Sou the rn Ra i lway) a grea ter space | in | |
| b read th t h a n s ixty-six feet A n d also t h a t t he said Company m a y t a k e and occupy th ree acres of land or any lesser area a t the j unc t i on of t h e said t r a m w a y wi th t he Great Sou the rn Ra i lway or t h e said road to Greenwich P a r k as aforesaid. |
| cer ta in persons now residing in t h e Colony of | N e w |
| as passes over t h e lands of t h e said owners of l ands respectively a n d over Crown land toge ther wi th such r igh t s of ingress egress and regress upon the adjacent land as m a y be necessary for t h e m a k i n g | and |
| 2. The g round and soil of so m u c h of t h e site of | t h e t r a m w a y |
and repair thereof shall he vested by v i r tue of th i s A c t and wi thou t t he necessi ty of any conveyance in t h e Company for t he purposes of t h e t r a m w a y Provided t h a t no lands vested in t h e Commissioner for
| Ra i lways shall by v i r tue of th is A c t | be vested in t h e Company and |
| no t h ing here in contained shall | p reven t the said | owners from car ry ing |
| on any m i n i n g operat ions benea th | t he | said t r a m w a y which | shall | n o t |
interfere w i th t h e safety of t h e said t r a m w a y and t h e traffic thereon and t h e Company shall have no fu r ther r i gh t to t h e soil of t he said l ands benea th t h e surface t h a n shall be requis i te for t he formation
| and | repair of t h e | said road | by cu t t i ng | e m b a n k i n g | s ink ing wells | or |
| otherwise | Provided also t h a t if in t h e exercise of t he powers he reby |
gran ted i t be found necessary to cross c u t t h r o u g h sink raise or use any p a r t of any road whe the r carr iage road or horse road so as to render i t impassable for or dangerous or inconvenient to the persons ent i t led to t he use thereof t h e Company shall before t h e commence m e n t of any such operat ions cause a sufficient road to be made instead of any road interfered wi th and shall a t the i r own expense ma in t a in
| such subs t i tu ted road in a s ta te as convenient as t h e road | interfered |
w i t h or as near ly as m a y be A n d the Company before they use t he said lands of t he said owners of lands respectively and t h e said Crown land for any of t h e purposes as aforesaid shal l if required so to do separate t he same by a sufficient fence from the land adjoining there to wi th such gates as m a y be requi red for t h e convenient occupation of such l and and shall also to all pr ivate roads used by t h e m as aforesaid p u t u p fences and gates in l ike m a n n e r in all cases where t he same m a y be necessary to p reven t t he s t ray ing of cat t le from or upon t h e lands t raversed by such roads a n d in case of any difference be tween t h e owners or occupiers of such roads and lands and t h e Company as to t h e necessi ty for such fences and gates t h e n the said Company shall p u t u p and erect such fences and gates as any two Jus t i ces of t he Peace shal l deem necessary for t h e purposes aforesaid on appl icat ion
| 3 . | The t r a m w a y | shall | be open to t h e publ ic use upon | p a y m e n t |
of a toll to t h e Company of a s u m not exceeding th ree pence pe r t on per mile in respect of every ton of goods for every t rans i t t h e pa r ty seeking t rans i t supply ing a n d loading his own t rucks or waggons and the Company supply ing locomotive power and all t r ucks w h e n empt ied shall be conveyed on the i r r e t u r n free of cost Provided always t h a t i t shall no t be compulsory on t h e Company to supply locomotive power unless t h e par ty seeking t rans i t guaran tee a n d b r i n g
| one hund red tons a t least du r ing the twelve work ing hou r s a n d | give |
| notice of same a t least twenty-four | hours previously | The t r a m w a y |
shall a t a l l t imes be open to t h e publ ic upon paymen t of a toll to t h e Company of a sum no t exceeding two pence per t o n per mi le in respect of every ton of goods for every t rans i t if t he p a r t y seeking t rans i t supply t h e locomotive power as well as t h e t r u c k s and waggons Provided t h a t so long as t he Company shall be wil l ing to supply locomotive power no o ther person shall use locomotive power on t h e l ine Provided t h a t if t he t r a m w a y shall be damaged by part ies who shall themselves use t h e t r amway for t r ans i t and supply locomotive power t h e Company shall be ent i t led to compensat ion for such damage to be recovered e i ther by action in t h e Supreme Cour t of N e w South Wales or if such damage do not exceed the s u m of t w e n t y pounds summar i ly before two Jus t ices and in es t imat ing such damage t h e Company shall be ent i t led no t only to compensat ion for t he cost of repa i r ing and restor ing the t r a m w a y b u t to t he consequent ia l damage (if any) sustained by reason of t he suspension of t rans i t or otherwise.
4. A n d be i t enacted t h a t it shall bo lawful for t h e owners or
occupiers of the lands t raversed by the said t r amway to lay down upon
| the i r own lands | a n y collateral b ranches of | t r a m w a y to | communica te |
| wi th the said t r a m w a y for t h e purpose of b r ing ing carr iages to or | from |
or upon t h e said t r a m w a y and the Company shall if requi red a t t h e expense of such owners or occupiers m a k e openings in t h e rails a n d such addi t ional lines of t r amway as may be necessary for effecting such communica t ion in places where t he communica t ion can be made wi th safety to t he publ ic and wi thou t injury to t he said t r amw ay and w i t h o u t inconvenience to t h e traffic t h e r e u p o n a n d t h e Company shall no t t ake any ra t e or toll or o ther moneys for t h e passing of any passengers goods or other th ings a long any b ranch so to be m a d e by any such owner or occupier or o ther person b u t th is enac tmen t shall be subject to t he following restr ict ions and conditions ( tha t is to s ay )—
| N o | such t r amw ay shall r u n paral le l to t h e said t r a m w a y — t h e Company shal l no t be bound to m a k e a n y such openings in any place which t hey shall have set apar t for any specific purpose wi th which such communica t ion would interfere nor u p o n any incl ined plane or br idge nor in any tunne l . |
| The persons m a k i n g or us ing such b ranch t r amways | shal l | be |
subject to all by-laws and regula t ions of t h e Company from t ime to t ime m a d e wi th respect to pass ing upon or crossing t h e t r a m w a y and otherwise and t h e persons m a k i n g or us ing such b ranch t r amways shall be bound to cons t ruc t and from t ime to t ime as need may requ i re to renew the off-set pla tes and switches according to the mos t approved plan adopted by the Company unde r the direct ion of the i r engineer.
5. F o r t he purposes and subject to t he provisions hereinaf ter conta ined i t shall be lawful for t he Company the i r deputies agents servants and w o r k m e n and all o ther persons by t h e m author ized a n d empowered to divert or a l ter t h e course of any road or way crossing t h e t r a m w a y or to raise or sink any road or way in order t he more convenient ly to carry t h e same over or unde r or by t h e side of t h e t r a m w a y .
6. If t h e Company do not cause another sufficient road to be so m a d e before they interfere w i th any such exis t ing road as aforesaid t hey shall forfeit t w e n t y pounds for every day dur ing which such subst i tu ted road shall no t be m a d e after t h e exis t ing road shal l have
| been in te r rup ted and such pena l ty shall be paid to t h e Trus tees | Com |
missioners Surveyor or o ther persons hav ing the m a n a g e m e n t of such road if a publ ic road and shall be applied for t he purposes thereof or in case of a pr ivate road t h e same shall be paid to t he owner thereof
| a n d every such pena l ty shall be recoverable wi th costs by action in | any of t he superior Courts . |
| 7. | If | in t he course of m a k i n g the t r a m w a y the | Company | shal l |
use or interfere wi th any road they shall from t ime to t ime m a k e good al l damage done by t h e m to such road and if any quest ion shall arise as to t he damage done to any such road by t h e Company or as to t he repai r thereof by t h e m such quest ion shall be referred to t h e deter mina t ion of two Jus t i ces and such Jus t i ces may direct such repairs to be m a d e in the state of such road in respect of damage done by Company and wi th in such period as they m a y t h i n k reasonable and m a y impose on t h e Company for not ca r ry ing in to effect such repairs any pena l ty no t exceeding ten pounds per day as to such Jus t ices shall seem fit and any such pena l ty shall be paid to t he surveyor or o ther person hav ing the m a n a g e m e n t of t h e road interfered wi th by t h e Company if a publ ic road and be applied for t he purposes of such road or if a pr ivate road the same shall be paid to t h e owner thereof Provided always t he said Jus t ices shall have regard to and shall m a k e
| full a l lowance for any tolls t h a t may have been paid by t h e | Company |
| on such road in t he course of t h e u s ing thereof. |
| 8. U n t i l the Company shall have m a d e the bridges or | o ther |
p roper communica t ions which they shall u n d e r t h e provisions herein conta ined have been requi red to m a k e between lands intersected by t h e t r a m w a y and no longer t h e owners and occupiers of such lands a n d any other persons whose r ight-of-way shall be affected by the w a n t of such communica t ions and the i r respective servants may a t all t imes freely pass and repass w i th carriages horses and other animals direct ly b u t no t otherwise across any pa r t of t h e t r a m w a y made in or t h r o u g h the i r respect ive lands solely for the purpose of occupying the same lands or for t he exercise of such r ight-of-way and so as no t to obs t ruc t t h e passage a long the t r a m w a y or to damage the same never theless if t he owner or occupier of any such lands have in his a r range men t s wi th the Company received or agreed to receive compensat ion for or on account of any such communica t ions instead of t h e same being formed such owner or occupier or those c la iming under h i m
| shal l no t be ent i t led so to cross t he | t r amway . |
9. If t h e t r amway cross any publ ic h ighway or parish road on a level t h e Company shall erect and at all t imes m a i n t a i n good and sufficient gates across such road on each side of t he t r a m w a y where t h e same shall communicate the rewi th and shall employ proper persons to open a n d shu t such gates and such gates shall be kep t cons tan t ly
| closed across such roads on bo th | sides of | t h e | t r a m w a y except | du r ing |
t h e t ime w h e n horses cat t le car ts or carr iages pass ing a long t h e same shall have to cross such t r a m w a y and such gates shall be of such dimensions and so cons t ruc ted as w h e n closed to fence in t h e t r a m w a y and prevent cat t le or horses passing a long the road from enter ing upon t h e t r a m w a y and the person in t rus ted wi th t he care of such gates shall cause t he same to be closed as soon as such horses cat t le car t s or carriages shall have passed th rough the same under a penal ty not exceeding forty shill ings for every default there in Provided always t h a t it shall be lawful for t he Secretary for Pub l ic W o r k s in any case in which he shall be satisfied t h a t it will be more conducive to t h e publ ic safety t h a t t h e gates on any level crossing over any such road shall be kept closed across t h e t r a m w a y to order t h a t such gates shall be kep t so closed ins tead of across t h e road and in such case such gates shall be k e p t cons tant ly closed across t he t r a m w a y except w h e n engines or carriages pass ing along the t r a m w a y shall have occasion to cross such road in t he same m a n n e r and unde r t he l ike pena l ty as above directed wi th respect to t he gates be ing kep t closed across t he road.
10. I n case of accidents or slips happen ing or being apprehended
| to t he cu t t ings e m b a n k m e n t s | or | o ther | works | of | t he | said | t r a m w a y | it |
| shall he lawful for t h e Company and their w o r k m e n and servants to enter |
upon the land adjoining the re to a t any t ime whatsoever for t he purpose of repair ing or prevent ing such accidents and to do such works as may be necessary for t he purpose bu t in every such case t he Company shall wi thin forty-eight hours after such ent ry m a k e a report to t he Secretary for Pub l i c W o r k s specifying the n a t u r e of such accident or apprehended accident and of t h e works necessary to be done and such powers shall cease and de te rmine if the said Secretary shall after consider ing the said report certify t h a t thei r exercise is not necessary for the publ ic safety Provided also t h a t such works shall be as little injurious to t he said adjoining lands as the n a t u r e of t he accident or apprehended accident will admi t of and shall he executed wi th all possible dispatch and full compensat ion shall be made to the owners and occupiers of such lands for t he loss or in jury or inconvenience sustained by t h e m respectively by reason of such works the a m o u n t of which compensat ion in case of any dispute about t he same shall be settled by arbi t ra tors in t he m a n n e r hereinafter ment ioned A n d provided also t h a t no land shall be t aken pe rmanen t ly for any such works otherwise t h a n is herein provided wi th respect to t he lands originally t aken for the purpose of m a k i n g the said
1 1 . Eve ry br idge to be erected for t h e purpose of ca r ry ing t h e
| t r a m w a y over any road shall be bu i l t in conformity w i t h t h e | following |
| regula t ions | ( tha t | is to | s a y ) : — |
| The wid th of t h e a rch shall be such as to leave the reunde r a clear space of no t less t h a n t h i r t y feet if | t h e a rch be over a publ ic |
| h ighway a n d of t w e n t y feet if over a par ish road | a n d of |
| twelve feet if over a pr iva te road |
| T h e clear he igh t of t he a rch f rom | t h e surface of t h e road | shall |
no t be less t h a n sixteen feet for a space of twelve feet if t h e arch be over a m a i n road and fifteen feet for a space of t en feet if over a publ ic carr iage road and in each of such cases t h e clear he igh t a t t h e spr inging of t he a rch shall no t be less t h a n twelve feet t h e clear he igh t of t h e a rch for a space of n ine feet shall no t be less t h a n fourteen feet over a p r iva te road
The descent made in t h e road in order to ca r ry t he same u n d e r t h e br idge shall no t be more t h a n one foot in th i r ty feet if t h e br idge be over a publ ic h ighway one foot in twen ty feet if over a par ish road and one foot in s ix teen feet if over a pr iva te road n o t be ing a t r amroad or ra i l road or if t h e same be a t r amroad or railroad the descent shall no t be grea ter
| t h a n the ru l ing gradient of | such t r a m r o a d or | railroad. |
| 12. | Eve ry br idge erected | for | ca r ry ing any road over t h e t r a m |
| way shal l be bui l t in conformity wi th | t he following regula t ions | ( t h a t |
| is t o | s a y ) : —
There shall be a good and sufficient fence on each side of t h e br idge |
of no t less h e i g h t t h a n four feet a n d on each side of t he imme
diate approaches of such br idge of not less t h a n three feet
The road over t h e br idge shall have a clear space be tween the fences thereof of thir ty-f ive feet if t h e road be a publ ic h ighway and twenty-f ive feet if a par ish road and twelve feet if a pr iva te road
The ascent shall no t be more t h a n one foot in th i r ty feet if t h e road be a m a i n road one foot in t w e n t y feet if a par i sh road and one foot in s ixteen feet if a p r iva te road no t be ing a t r amroad or ra i l road or if t h e same be a t r amroad or ra i l road t h e ascent shall no t be grea ter t h a n t h e ru l ing gradient of