ANNO QUADRAGESIMO QUINTO
V I C T O R I A R E G I N E .
An Act to authorize the construction and maintenance of a Tramway along George- street Parramatta, [9th August, 1881.]
| of s teamers and of cer ta in wharves or l and ing places for s teamers on | WH E R E A S Colony of N e w Sou th Wales is t h e proprie tor of a cer ta in l ine |
| t h e P a r r a m a t t a R i v e r in t h e vicini ty of t h e t e rmina t ion of George- street P a r r a m a t t a A n d whereas for t he purpose of faci l i ta t ing c o m m u nicat ion be tween the said wharves or l and ing places and the wes te rn end of t he t o w n of P a r r a m a t t a t h e said Charles E d w a r d J e a n n e r e t is desirous of cons t ruc t ing a T ramway from t h e said r iver a long George- s t reet P a r r a m a t t a as far as t h e e x t r e m e western te rmina t ion thereof and |
| whereas | t h e Borough of P a r r a m a t t a have | consented | to t he | cons t ruc t ion | |
| of | such proposed T r a m w a y | h u t such T r a m w a y cannot | be m a d e | wi th | |
| out Legislat ive au thor i ty A n d whereas t h e increased facilities of com munica t ion and traffic which would resul t from the construct ion of t h e said proposed Tramway would he for t h e publ ic convenience and benefit a n d it is desirable to author ise by Legis la t ive enac tmen t t h e const ruc |
| t ion of t he said proposed T r a m w a y | subject to t h e provisions herein | |
| after conta ined | Be i t therefore enacted by t h e Queen ' s Most Exce l l en t | |
| Charles | E d w a r d | J e a n n e r e t | of | H u n t e r ' s | H i l l | i n | t h e |
| Majes ty by and w i t h t h e advice and consent of the Legislat ive | Counci l |
| and Legis la t ive Assembly of New South Wales in Pa r l i amen t | assembled |
| and by au tho r i t y of t he same as follows :— |
| 1. | I t shal l be lawful for t he said Charles E d w a r d J e a n n e r e t | his |
heirs executors admin is t ra to rs or assigns upon the t e rms and condit ions a n d subject to the provisions hereinafter contained to m a k e and cons t ruct a T r a m w a y for conveying passengers and the i r luggage and other goods a n d merchandise from the said wharves or landing-places on t h e P a r r a m a t t a R ive r from t h e said river a long George-street P a r r a m a t t a aforesaid as far as the ex t r eme western t e rmina t ion of t he said s t reet and to t ake and use so m u c h of t he said s t reet as may be requi red for t h e purposes of such T r a m w a y b u t so t h a t t h e same shal l
| no t occupy in any pa r t thereof a greater space in b r ead th t han | e ight |
| feet six inches inc lud ing the suppor t and foundat ions thereof | Provided |
| t h a t | t h e | said | T r a m w a y | shall be const ructed | and b rough t in to | use |
| w i th in two years from t h e passing of th i s A c t and t h e same | shal l | be |
| constructed in a proper and workman l ike manner . |
| 2. The | said | Char les | E d w a r d | J e a n n e r e t | his | heirs | executors |
adminis t ra tors or assigns shall have all necessary r ights of ingress and egress to and over t h e surface of George-street aforesaid as are required for t h e const ruct ion repair complet ion and use of t h e said T r a m w a y Provided t h a t no th ing here in conta ined shall impair or be held to impai r t h e lawful au thor i ty of t h e Borough of P a r r a m a t t a or of any
| o ther corporat ion company or person to m a k e all ent r ies and | exercise |
all o ther powers necessary for t he const ruct ion m a i n t e n a n c e and preservat ion of gas-works wate r -works sewerage-works and other
| works lawfully cons t ruc ted | underground . |
| 3. The | gauge of t h e | said T r a m w a y shall be t h e same gauge as |
| t h e Government | Tramways . |
| 4s. | The | T r a m w a y | shal l t h r o u g h o u t | i ts course be laid a t abou t | t he |
general level of George-street wi th rails subject to t h e approva l of t he Borough Counci l of P a r r a m a t t a and the said Charles E d w a r d J e a n n e r e t
| his heirs executors adminis t ra tors or assigns m a y wi th | t he consent of |
t h e said Counci l a l ter and improve the levels of t h e said s t reet Provided t h a t all expenses incurred in t h e re-formation of t he said s t reet so a l tered a n d improved shall be borne by the said Charles E d w a r d J e a n n e r e t his heirs executors adminis t ra tors or assigns unless other wise agreed upon.
| 5. | The said T r a m w a y shall be open to publ ic use upon | p a y m e n t |
of t h e tolls or charges following t h a t is to say—
| F o r passengers a s u m not exceeding th reepence per head each way. |
F o r goods a s u m not exceeding one shi l l ing per ton .
| 6. T h e | said | Charles | E d w a r d | J e a n n e r e t | his | heirs | executors |
| admin is t ra to rs and assigns shall ma in t a in in perfect | order | and | repa i r |
t h e said T r a m w a y and t h e pavemen t s of the same be tween t h e rails of t h e said T r a m w a y and for t h e space of one foot six inches on each side of such rai ls .
| 7. The | said | Charles | E d w a r d | J e a n n e r e t | his | heirs | executors |
adminis t ra tors and assigns shal l immedia te ly repair any damage which m a y du r ing or by reason of t h e cons t ruc t ion of t h e said T r a m w a y be occasioned to a n y sewer or drain or gas or water m a i n or o ther proper ty and shall also repair all damages which may be occasioned by t h e work ing of t he said T ramway .
| 8. | I t shall be lawful for t h e said Charles E d w a r d | J e a n n e r e t | his |
heirs executors adminis t ra tors and assigns subject as aforesaid to use and employ locomotive engines or o ther mov ing power a n d carr iages and waggons to be d rawn or propelled the reby and to carry and convey upon t h e said T r a m w a y all such passengers and goods as shall be offered for t h a t purpose and to cha rge t h e tolls and charges in respect thereof
as
as above specified Provided t h a t all such tolls and charges be a t all t imes charged equal ly to all persons and after t h e same ra t e in respect of all passengers and of all goods of t h e same description and n o reduct ion or advance in any such tolls shall be m a d e ei ther direct ly or indirect ly in favor of or agains t any par t icu lar company or person t ravel l ing upon or us ing the said Tramway .
| 9. N o t h i n g in th is A c t contained | shall ex tend to cha rge | or |
m a k e l iable t he said Charles E d w a r d J e a n n e r e t his heirs executors adminis t ra tors and assigns fur ther or in any o ther case t han where according to t h e laws of this Colony stage-coach proprie tors and c o m m o n carriers would be l iable nor shall ex tend in any degree to deprive t he said Charles E d w a r d J e a n n e r e t his heirs executors
| adminis t ra tors and assigns of any protect ion or privi lege | which |
| common carriers or stage-coach proprietors m a y be | ent i t led | to b u t on |
| t h e con t ra ry | t h e said | Charles E d w a r d | J e a n n e r e t | his | hei rs | executors |
| adminis t ra tors and assigns shall a t all t imes be | ent i t led | to t h e benefit |
| of every such protec t ion and privilege. |
10. The tolls shall be paid to such persons and a t such places upon or near to the Tramway and in such m a n n e r and under such regula t ions as t he said Charles E d w a r d Jeanne re t his heirs executors adminis t ra tors or assigns shall appoint .
| 1 1 . | I t shall be lawful for t he said Charles Edward J e a n n e r e t | his |
heirs executors adminis t ra tors or assigns from t ime to t ime subject to the approval of t h e Borough Council of P a r r a m a t t a and subject to
| t h e provisions and restr ict ions in this A c t contained | to m a k e regula |
| tions for t he following purposes t h a t is to say— |
| For | r egu l a t i ng the t imes of t h e arr ival | and depa r tu re | of | the cars |
For regu la t ing t he loading or unloading of such cars and carr iages For p reven t ing t h e smoking of tobacco and t h e commission of
any nuisance in or upon such cars or carr iages or any of the
| T r a m w a y | stat ions | wai t ing-rooms | or | premises. |
| A n d | general ly for | r egu la t ing | t he | t rave l l ing | u p o n | or | us ing | and |
| work ing | the | said T ramway | and | t h e m a i n t e n a n c e | of | good |
| order and for r egu l a t i ng t he conduct of t he Tramway | officers |
and servants and for providing for the due m a n a g e m e n t of t h e said T r a m w a y and the protect ion thereof and the cars carriages and wai t ing-rooms offices and premises from trespass and injury.
B u t no such regula t ion shall au thor ize t h e closing of the said
| T r a m w a y between sunrise a n d sunset except a t any t ime | when in consequence of any of the works be ing out of repair |
| or from any other sufficient cause it shal l be necessary to |
| close t h e said T r a m w a y | or any par t | thereof. | |
12. I t shall be lawful for t he Secretary for Publ ic W o r k s on behalf of t h e Government and also for t h e Borough Council of Pa r ra m a t t a a t any t ime by not ice in wr i t ing to requi re t h e said Charles E d w a r d J e a n n e r e t his heirs executors adminis t ra tors or assigns to sell and the reupon the said Charles Edward J eanne re t shall sell to the Govern- ment or Borough Council of P a r r a m a t t a as the case m a y b e the said T ram way upon t h e te rms of pay ing the t h e n value (exclusive of any al lowance for pas t or future profits of the said Tramway or any compensat ion for compulsory sale or o ther considerat ion whatsoever) of t h e said Tramway and all lands bui ld ings works materials and p lan t of the said Charles E d w a r d J e a n n e r e t his heirs executors adminis t ra tors or assigns suitable to and used by h im or t h e m for t he purposes of t he said T ramway such value in case of difference to be ascer tained by appraisement- in manne r directed by the twenty- th i rd section of the ' ' Crown Lands Occupat ion A c t 1 8 6 1 " and subject to the t e rms and conditions therein conta ined
Provided
| Provided | t h a t | t h e | word | " M i n i s t e r " | in t h e said A c t shal l for | purpose |
of appra i sement unde r th i s A c t m e a n t h e Secretary for Pub l i c W o r k s for t h e t i m e being in case of a sale to t h e Gove rnmen t as hereinbefore provided a n d shal l m e a n t h e Mayor or t h e Council Clerk or any A l d e r m a n or Officer of t he Borough Council of P a r r a m a t t a appointed
| by such Counci l in case of a sale to t h e said Borough | of | P a r r a m a t t a |
| A n d | w h e n | a n y such sale shall have been m a d e to t he said | G o v e r n m e n t |
t h e said T r a m w a y lands bui ld ings works mater ia ls p l an t and premises shal l vest in t h e Commissioner of Ra i lways who shall have all t h e r igh t s powers a n d author i t ies of t he said Charles E d w a r d J e a n n e r e t his hei rs executors adminis t ra tors and assigns in respect to t h e said T r a m w a y so sold and shall also have t h e r igh ts powers and author i t ies and be subject to t h e provisions condit ions and obligations conferred a n d imposed by t h e " Redfe rn to Hun te r - s t r ee t T ramway A c t of 1879" Provided always t h a t t h e words " B o r o u g h of P a r r a m a t t a " shall for such purposes be read as subs t i tu ted for t h e words " Munic ipa l Council of t h e City of Sydney" whenever t he said words occur in t h e said last- ment ioned A c t A n d w h e n any such sale shall have been m a d e to t h e
| said Borough of P a r r a m a t t a t h e | said | T r a m w a y lands | bui ld ings | works |
| mater ia l s p l an t and premises shall vest in t h e said | Borough | of | Par ra |
| m a t t a a n d t h e said Borough | shall have all t he r igh t s powers | a n d |
author i t ies a n d be subject to t h e condit ions provisions and obligations conferred and imposed by th is A c t inc lud ing t h e l iabil i ty to sell to t h e
| G o v e r n m e n t | if | so requi red by not ice unde r th is | section. |
| 13 . This | A c t | m a y | be | cited | for all purposes as " J e a n n e r e t ' s |