North Shore, Manly, and Pittwater Tramway and Railway Act of 1888 (NSW)
1889. 52'’ VIC.
North Shore, Manly, and 'Filtioater Tramway and Railicay.
An Act to aiitliorizc the construction of a nokthwe,
tram w ay iroin tlic northern term inns ot
| the A^orth Shore Cable Tram way to tlie | — |
| 4 | / | _ |
S])it a t Middle lla rhon r, and from the Spit aforesaid to M anly Villai^’e, and a Lii>*ht Mail way thence to P ittw ater, B roken Bay.
| [10 7̂ | /̂ January, 1889.] |
T T T ilE R E A S Clement Alban Benbow and Leslie Jolinston, both Proambie.
of Sydney, in the Colony of New South Wales, Esquires, are desirous of constructing a tramway from the northern terminus of the present cable tramway running from Milson’s Point, Saint Leonards, in the parish of Willoughby, to the Spit at Middle Harbour, in the parish aforesaid, and from the Spit aforesaid to Manly Village, and thence a light raihvay to Pittwatcr, Broken Bay; such tramway and light railway lines to run through certain private lands and certain streets described in the Schedules annexed hereto. And whereas it is desired to construct such tramway and light railway for the pui’iiose of giving better access for the ]mblic to the districts through which the said proposed tramway and light railway run and the places before ]iamed, and also to the ITawkesbury Hiver. And Avhereas the increased facilities of communication and traffic which would result from the construction of the said proposed tramway and light railway Avould be for the })ublic (•onveniimcc and benefit. And it is desirable to aidhorize by Logislatii'e enactments the construction and maintenance of the said proposed tramway and light raihvay, subject to the prmdsions herein after contained. Be it therefore miacted by the Queen’s Most Exccd- lent Majesty, by and with the advice and consent of the Legislative Council and Legislative Assembly of New South Wales in Parliament assembled, and by the authority of the same, as follows :—
V V
1. I t shall be laud'ul for the said Clement Alban Benboiv and Authority to
Leslie Johnston, their heirs, executors, administrators, or assigns, upon constructraiiwny,&c. streets or lands referred to in the said Schedules as may be rcquiiaul for the ])urposes of such traiuAvay and light railway, but so th.at the same shall not occupy in any part thereof a greater s])acc in breadtli than twenty feet, including the support and foundations thereof. Provided tliat the said traniAvay and light railway shail be completely (•onstructed between the points above indicated respectively and brought into use Avithin three years from the passing of this Act.
the terms and conditions and subject to the provisions hereinafter
contained, to make and construct a tramway and light railway for
conveying passengers and their luggage and other goods and mer
chandize from a point at or near the northern terminus of the afore
said North Shore Cable Tramivay, and thence by the lines descrilied
in tlic Schedules A and B to this Act, and to ctfect through com
munication between the said North Shore Cable Tram.way ami Manly
And the same shall be constructed in a proper and Avorkmanlike manner. Provided that the construction of the said traniAvay and light railAvay shall be commenced Avithin six months from the passing of tliis Act, and that AA'ithin tAAcHc months from the passing of this Act four miles at least of the permanent Avay of the said traniAvay and light railway shall be completed, and that Avithin eighteen months from the passing of this Act the aaIioIc of the permanent Avay of the
said
| 30 | 52" VIC. | 1889. |
North Sho7'e, Manly, and Pittwater Tramioay and Pailway.
said tramway and light railway, between Saint Leonards and Manly, shall be completed, and in the event of the works provided by this Act or any of them not being commenced and carried out to the satisfaction of the Engineer-in-Chief for Eailways, or other officer charged by the Government with the construction of railways, within the times in this Act prescribed, all the works and property of the said Clement Alban Benbow and Leslie Johnston, their heirs, executors, administra tors, or assigns, in connection with the said tramway or light railway, shall go and belong to the Government, to he disposed of as tlu'. Governor, with the advice of the Executive Council, may direct; and as regards lands resumed or obtained in connection with the said tram way or light railway works, the same shall revert to the former owners thereof as of their former estate. Provided further that the authorities, powers, and privileges gh'en by this Act shall not extend beyond thirty years from the passing thcrc'of.
| Punt. | 2. I t shall be lawful for the said Clement Alban Benbow and Leslie Johnston, their executors, administrators, and assigns, to use and employ a steam punt to supply the connection between the points of such tramway on the shores of Middle Harbour, and to charge tolls, to be approv(;d by the Governor, with the advice of the Executive Council. And in the event of a bridge being constructed across Middle Harbour the said Clemeut Alban Benbow and Leslie Johnston, their heirs, executors, administrators, and assigns, shall Imvc no claim for compensation by reason of their being deprived of the use and enjoy ment of the said steam punt and their right to charge tolls in connection therewith. |
| Entry upon | 3. The said Clement Alban Benbow and Leslie Johnston, their heirs, executors, administrators, or assigns, shall have all necessary rights of ingress and egress to and over the surface of the streets and lands before referred to, and all such other rights as are required for the construction, repair, completion, and use of the said tramway and light railway. Provided that nothing herein contained shalt impair or be held to impair the lawful authority of any of the Municipal Districts through which such tramway and light railway may run, or of any other corporation, company, or person to make all entries and exercise all other powers necessary for the construction, maintenance, and j)rcservation of gasworks, water works, sewerage Avorks, and other works laAvfiilly constructed under ground. |
| streets. |
| Eeinstutement of | 4. The said Clement Alban BenhoAV and Leslie Johnston, their |
| streets, &c. | heirs, executors, administrators, and assigns, shall not be at liberty to enter upon, break up or erect AVOrks upon any streets Avithin any Municipality Avithout ten days’ previous notice in Avriting to sucli M unicipality; and Avhen the said Clement Alban BenboAV and Leslie Johnston, their heirs, executors, administrators, and assigns, shall open or break up the road or pavement of any street, or any scAver, drain or tunnel, they shall Avith all convenient speed complete the Avork for Avhich the same shall be broken up, and fill in the ground and reinstate and make good the said road or paA’ement, scAver, drain, or tunnel so opened or broken up, and carry away the rubbish occasioned thereby. And the said Clement -Uhan BenhoAV and Leslie Johnston, their heirs, executors, administrators, and assigns, Avhilst any such road, pavemeut, soAver, drain or tunnel shall be so open or broken up, sliall cause the same to be fenced and guarded, and shall cause lights, suincient for tlu', Avarning of passengers, to h(; set up and maintained against or near such road, paA'cment, scAver, drain or tunnel AA’lierc the sanu! sliall he so opened or broken up for cA'cry night during Avhich )lu' same shall |
| Penalty for delay, | continue opi-n or broken u]i. IT the said Chnnent Alban BenboAv and |
| &c., in reinstating | |
| streets, &c. | Leslie Johnston, their heirs, executors, administrators, and assigns open or break up any road, pavement, scAver, drain or tunnel without giAung |
| • | such |
1889. 52“ VIC.
North Shore, Manly, and Fithcater Tramway and Mailicay.
STicli notice as aforesaid, or if they make any delay in com]:)leting any such work or in filling i)i tlic ground or reinstating and making good tlic road or])avemont, sewer, drain, or tunnel so opened or broken up, or in carrying away the rubhisli occasioned by the work, or if the said Clement Alban Benbow and Leslie Johnston, their heirs, executors, adminis trators, and assigns neglect to cause tlic place where such road or jiave- ment, sewer, drain or tunnel has beo]i broken up, to be fenced, guarded and lighted, the said Clement Alban Benbow and Leslie Jolinston, their heirs, executors, administrators, and assigns shall incur a }icnalty not exceeding fifty pounds for every such olfence, and the said Clement Alban Bimbow and Leslii' Johnston, their heirs, executors, adminis trators, and assigns shall incur an additional penalty of five pounds for each day during wliicli any such delay as aforesaid shall continue.
5. The gauge of the said tramway and light railway shall be â mgo.
four feet eight and a half inches.
6 . The said tramway and light raihvay shall, throughout its i.cvei.
course, be laid at or about the general level of the said streets and lands, and throughout tlic whole extent of tlie said tramway and light railway sliall be laid witli rails, sulijeet to the approval of the Commissioner for Baihvays or tlie Bailway Commissioners.
7. AlTicre the said liglit railway Irom Manly A’illage to 1 itt- erossings.
water, Broken Bay, shall cross any public biglnvay or parish road on
a level, tlic said Clement Alban Benbow and Leslie Jolinston, their heirs, executors, administrators, or assigns shall erect, and at all times maintain, good and sufficient gates across such road on each side of the said light railway, where the same shall communicate thereAvith, and shall employ proper persons to open and shut such gates, and such gates shall be kept constantly closed across such roads on both sides of the light railway, except during the time ndicn horses, cattle, carts, or carriages passing along the same shall have to cross such light railway, and such gates shall be of such dimensions and so constructed as, Avhen closed, to fence in the said light raiLvay and in'CA'cnt cattle or horses passing along tlie road from entering ujAon the light railway, and the persons cntrustc'd Aidth the care of sucli gates shall cause the same to bo closed as soon as sucli horses, cattle, carts, or carriages shall liaA C passed through the same, under a penalty of forty shillings for CA'cry (hd'ault therein. Provkhxl ahvays that it shall be hiAA'ful for the Baihvay Commissioners, in any case in AAdiieh he shall be satisfied that it A\ill be more conduciAi; to the public safety that the gates on any level crossing OA cr any such road shall be kept closed across the said light raihvay, to order that such gates shall be kept so closi'd instead of across the road. And in such case; such gates shall be kept constantly closed across the said light railway, except Avhen engines or carriages passing along the said light railAAuy shall have occasion to cross such road in the same manner, and under the like penalty as abo e directed Avith respect to the gates being kept closed across tlie road.
8. The said Clement Alban BenboAV and Leslie Johnston, their works for beiu'iii of
heirs, executors, administrators, and assigns shall make, and at all
times thereaftx'r maintain for the accommodation of the OAvners and
occupiers ol' lands adjoining (he said light raihi ay, that is to say—
Such and so many conA'enient gates, bridges, arches, culverts, and Gates, bridges, &c.
passages OAcr, under, or by the sidi's ol', or leading to or from the said liglit raihvay as shall be necessary for the ])urpose of making good any interruptions caused by the said light raihvay to the iis<‘ of the lands through AAdiich the said light raihvay shall be made, and such Avorks shall be made forth-
| Avith after the part of the said light raihvay passing OA-er | ' |
| such lands shall havi' been laid out or formed, or during the |
| form ation | thereof. |
Also
| 52̂ ̂ VIC. | 1889. |
North Shore, Manly, and Fithcater Tramway and Railicay.
| Fences. | Also sufficient posts, rails, hedges, ditches, mounds, or other fences for separating the land taken for the use of the said light raihvay from the adjoining lands not taken, and protecting such lands from trespass, or the horses or cattle of the owners or occupiers thereof from straying thereout hy reason of the said light railway, together -with all necessary gates made to open towards such adjoining lands and not towards tlic said light railway, and all necessary stiles, and such posts, rails, and other fences shall he made forthwitli after the taking of any such lands, if the owners thereof shall so require, and the said other works as soon as conveniently may he. |
| Drains. | Also all necessary arches, tunnels, culverts, drains or other passages, either over or under or hy the sides of the said light railways, of such dimensions as will ho sufficient at all times to convey the water as clearly from the lands lying near or affected hy the said light railway as before the making of the said light railway, or as nearly so as may he, and such Avorks shall be made from time to time as the said light railAAuy Avorks proceed. |
Provided alAA'ays that the said Clement Alhaii PenhoAV and Leslie Johnston, their heirs, executors, administrators, or assigns shall not he required to make such accommodation Avorks in such a manner as Avould prevent or ohstrvict the Avorking or using of the said*light railway, nor to make any accommodation Avoi’ks Avith respect to which tlie OAvners and occupiers of the lauds shall haA'C agreed to receive, and shall liaA'c been paid compensation instead of making thorn.
Pt’naity on person
| omitting to fasten | 9. If any person omit to shut and fasten any gate set up at |
| gates. | either side of the said light railAAuy for the accommodation of the OAVuers or occu2)icrs of the adjoining lands so soon as he and the carriages, cattle, or other animals under his care lia o jJassod through the same, he shall forfeit for every such offence any sum not exceeding ten pounds. |
| Maintenance of |
| roads. | 10. The said Clemeut Alban BeuhoAV and Leslie Johnston, their |
heirs, executors, administrators, and assigns shall maintain in perfect order and repair the said tramAvay and light raihvay, and the pavements of the same hetAveen the rails of the said tramAvay and light railway, and for the space of one foot six inches on each side of such rails.
| Repair of damage | 11. The said Clement Alban Benbow and Leslie Johnston, their |
| to sewers, &c. | heirs, executors, administrators, and assigns shall immediately repair any damage Avhich may, during or hy reason of the construction of the said tramAvay and light raihAuy, he occasioned to any seAver, or drain, or gas, or Avater main, or other j)roperty, and shall also rejAair all damages Avhich may he occasioned by the AVOrking of the said tramAvay and light raihvay. |
| Running pow’ers | |
| to the Railway | 12. The Ptaihvay Commissioners shall, at all times hereafter, upon tAA'clve hours notice iiiAvritingto the said Clement Alban Benbow and Leslie Johnston, their heirs, executors, administrators, or assigns, liaA-e the right to run locomotiv'cs, carriages and trucks, whether loaded or otherAvise, on and along the said tramway and light railway, and for such period or periods, or at such time or times as the said Baihvay Commissioners shall in the said notice specify. Provided that the said BaihAuy Commissioners shall pay to the said Clement Alban BenhoAV and Leslie Johnston, their heirs, executors, administraiors, or assigns, such rates or tolls for the exercise of such rights as aforesaid, as the Governor, with the adA'ice of the ExecutiA’e Council, shall from time to time determine. |
| Commissioners. | |
| T-Ocomotives (o | 13. I t shall he laAvhd for and incumbent upon the said Clement Alban Benbow and Leslie Johnston, their heirs, executors, adminis trators, and assigns, subject as aforesaid, to provide, use, and employ |
| be employed. |
locomotive
1889. 52° VIC.
North Shore, Manhj, and Fittioater Tramioay and Nailicay.
locomotive engines or cables or other moving power, and carriages and waggons, to bo drawn or propelled thereby, and to carry and convey upon the said tramway and light railway all such passengers and goods as sliall be olfered for that pnr])ose, and to charge the tolls and charges in respect thereof as hereinafter provided. Provided that all such tolls and charges be at all times chargi'd ecjually to all persons and after tbo sanu' rate in respect of all passengers and of all goods of the same description, and no reduction or advance in any such tolls shall he made eitlu'r directly or indirectly in favour of or against any particular Company or person travelling upon or using the said tram way and light railway.
14. The said Clement Alhan Benbow and Leslie Jolinston, their Liability of carriers,
heirs, executors, administrators, or assigns, shall be responsible for all injuries caused liy the negligtmt or improper construction, maintenance, or working of the said tramway and light railway, and all claims in respect of such negligence and improper conduct may be enforced against the said Ch'ment Alban Benbow and Leslie Jolinston, tlunr heirs, executors, tidministrators, or assigns. Provided that the damtigcs Avhich may be recovered against tbc said Clement Alban Benbow and Leslie Jolinston, their heirs, executors, administrators, or assigns, in res])oct of any such claim, shall, in addition to all other remedies for their recovery, he a first charge upon the tolls, fares, or charges charged for the carriage of passimgers on the said tramway and light railway, and upon all property used in and upon and necessary for the Avorking of the said traniAvay and light raiLvay.
15. I t shall he laAvful for the said Clement Alban BenboAV and 'tciis
Leslie Jolinston, tbeir heirs, (‘xecutors, administrators, or assigns, to charge fares for the carriage of all passengers and goods to and fro and iqion the said tramu'ay and light railway hy and Avith the sanction of the BaiLvay Commissioners and at rates to he approved of by them.
10. I t shall he hiAvful for the said Clement Alban BenboAV and Ecs"iat.i(ms for use
Leslie Jolinston, their heirs, executors, administrators, or assigns, from time to time, subject to the approval of the Baihvay Commissioners, and subject to tlie provisions and restrictions in this Act contaiiu'd, to make regulations for tlu' folloAving purposes, that is to say—
Por regulating the times of the arrival and departure of the carriages and trains and the nnniher of persons to be carried then'in.
Por regulating tbc loading or nnloading of carriage's.
Por preventing the smoking of tobacco and the commission of any
nuisanee in or upon such cariiages or any of the railway
stations, Avaiting-rooms, or premises.
And generally for regulating the travelling upon or using and
Avorking the said traniAvay and light raihiay, and the main tenance of good ord('r, and for regulating tln̂ conduct of the railway officers and senwants, and for providing for the duo management of the said traniAvay and light raihiay, and the protection thereof, and the carriages and Avaiting-rooms, offices, and premises from trespass and injury.
But no such regulation shall authorize the closing of the said
tramway and light raihvay hetAvecn sunrise and sunset, except at any time Avhen in consequence of any of the Avorks bc'ing out of repair or from any other sufficient cause it shall be necessary to close the said traniAiay and light railway or any part thereof. ' *
ProA'ided that such hy-laAvs be not I'epugnant to the hiAVS of the Colony or to the provisions of this Act, and a copy of such by-laAA's shall he given to every officer and servant of tlu' said Clement Alhan Ih'iibow and Leslie Johnston, their heirs, executors, {plminislrators, or assigns, employi'd on the said
| (? | tramway |
| 34 | 52° VIC. | 1889. |
North Shore, Manly, and Fittimter Tramway and Failway.
tramway arul light railway or affected hy such by-laws, and such hy-lau's shall specify penalties which shall in no case exceed the sum of ten pounds.
Provided always that such hy-laws must he first approved of hy
the Governor with the advice of the Executive Council.
Provided always that the said Clement Alban Benbow and Leslie Johnston, their heirs, executors, administrators, or assigns, or their employees or servants shall, when using or when upon the pixmiises of the said tramway and light railway, he liable and subject to the Government Railway by-laws.
| ETidenco of by-laws. | 17. The production of a copy of the New South Wales Gazette containing such hy-laws shall he sufficient evidence of such hy-laws in all proceedings under the same. |
| Compensation for | 18. Where the land necessary for the j)urposes of such tramway and light railway consists Avholly or partly of land alienated hy or not the property of the Crown, or is not Crown Land as defined hy this Act, the owners thereof shall ho entitled to receive such sum of money hy way of compensation for the land taken for such purposes as shall be agreed upon or otherwise ascertained, under the provisions liercinafter contained. |
| private lands. | |
| Conversion of estate | |
| of proprietor of | 19. The estate and interest of ewery person entitled to lands legal or equitable estate therein, shall, upon duo payment of the amount of compensation tendered hy Clement Alban Benbow and Leslie Johnston, their executors, administrators, and assigns, or assessed, as hereinafter provided, he deemed to have been as fully and effectually conveyed to Clement Alhan Benbow and Leslie Johnston, their executors, administrators, and assigns, as if the same had been con veyed hy the persons legally or equitably entitled thereto hy means of the most perfect assurances in the laAV. And every person shall, upon making out his title iu respect of any portion of the said resumed lands, he entitled to compensation on account of such resumption in manner hereinafter provided. |
| resumed land into a | required under tliis Act or any portion thereof, and whether to the |
| claim. | |
| Compensation clause. | 20. If Avithin tAventy-eight days after the passing of this Act the persons through whose lands the said tramAvay and light railway shall pass, or any of them, and the said Clement Alhan BenhoAV and Leslie Johnston, their heirs, executors, administrators, or assigns, shall not agree as to the amount of compensation to he paid hy the said Clement Alhan BenhoAv and Leslie Johnston, their heirs, executors, administrators, or assigns, for the said lands belonging to the said parties or any of them, or for any damage that may he sustained hy them hy reason of the execution of the Avorks, or if any other question as to compensation shall arise under this Act the amount of sucli compensation shall he settled hy arbitrators in manner hereinafter |
| Appointment of | mentioned, that is to say— |
| arbitrators. | Unless both parties shall concur in the appointment of a single arbitrator, each party on the request of the other party, shall nominate and appoint an arbitrator to whom such dispute or other matter shall he referred, and every appointment of an arbitrator shall he executed hy such party, and such appoint ment shall he delivered to the arbitrator or arbitrators and shall he deemed a submission to arbitration on the part of the party hy Avhom the same shall he made, and after any such appointment sliall liain been made neither party shall haA'C poAA'cr to reA'oke the same Avithout the consemt of the other, nor shall the death of cither party operate as a revocation, and the award of such arbitrators or umpire if appointed as hereinafter provided shall he final, and if for the space of fourteen days after any such dispute or other |
matter
1889. 52« VIC.
North Shore, Manly, and l^itiwater Tramioay and Hallway.
matter sliall have arisen, and after a request in writing shall have been served hy the one party on the other party to appoint an arbitrator, such lastmcntioncd party fail to appoint such ai’hitrator, then, upon such failure, it shall he lawful for the Attorney-General for the time being of the said Colony on the application of the party who has himself appointed an arbitrator to appoint such arbitrator to act on behalf of both parties, and such arbitrator may proceed to hear and determine the matter which shall he in dispute, and in such case the award or determination of such single arbitrator shall be final and conclusive.
21. If before the matter so referred shall be determined, any vacancy in arbitra-
| arhitrator appointed hy either party shall die, or become incapable, or | supplied, |
| refuse, or for fourteen days neglect to act as arbitrator, the party by whom such arbitrator was appointed may nominate and appoint in writing some other person to act in his place ; and if, for the space of seven days after notice in writing from the other party for the purpose, ho fail to do so, the remaining or other arbitrator may proceed alone, and every arbitrator so to he substituted as aforesaid, shall have the same powers and authorities as were vested in the former arbitrator at the time of such, his death, refusal, neglect, or disability as aforesaid. |
2 2 . Where more than one arbitrator shall have been appointed. Appointment of
such arbitrators shall, before they enter upon the matters referred to them, nominate and appoint hy writing under their hands an umpire to decide any matters on which they shall differ, or which shall be referred to them under the provisions of this Act, and if such umpire shall die, or refuse, or for seven days neglect to act after being called upon to do so by the arbitrators, they shall forthwith, after such death, vefusal, or neglect, appoint another umpire in his place, and the decision of every such umpire on the matters so referred to him shall he final.
23. If in either of the cases aforesaid the arbitrator or arbitrators Attorney-General to
| shall refuse, or for seven days after request of either party to such | umpu-e on |
| arbitration neglect to appoint an umpire, it shall bo lawful for the Attorney-General for the time being, on the application of either party to such arbitration, to appoint an umpire, and the decision of such um]iire on the matters on which the arbitrators shall differ or which shall he referred to him under this Act shall he final. |
2 1 . If Avhere a single arbitrator shall have been appointed such in case of death of
arbitrator shall die or become incapable, or shall refuse, or for four- Xtter’̂ to begl” ̂
teen days neglect to act before he shall have made his award, the de noro.
matters referred to him shall be dtffermined by arbitration under the
provisions of this Act in the same manner as if such arbitrator had
not been appointed.
2 5 . If where more than one arbitrator shall have been appointed, i f either iubitrator
either of the arbitrators shall refuse, or for fourteen days neglect, to act, the other arbitrator may proceed alone, and th® decision of such other arbitrator shall be as effectual as if he had been a single arbitrator appointed by both parties.
2 6 . I f Avhere more than one arbitrator shall have been appointed, i f arbitrators fail to
and where neither of them shall refuse or neglect to act as aforesaid,
such arbitrators shall fail to make their award within twenty-one days days the matter to
after the day on which the last of such arbitrators shall have been
appointed for that purpose by both of such arbitrators under their
hands, the matters referred to them shall be determined by the umpire
to be appointed as aforesaid.
27. The said arbitrators or their umjiire may call for the pro- powers of arbitrators
duction of any documents in the possession or power of either party,
Avhich they or he may think necessary for determining the question in dispute, and may examine the parties or their Avitnesses on oath, and administer the oaths necessary for that purpose.
| • | 28. |
| 52̂ VIC. | 1889. |
North Shore, Manly, and Pittwater Tramway and Railway.
Arbitrators or umpire
| to make a declaration | 28. Before any arbitrator or umpire shall enter into the con I, A.B., do solemnly and sincerely declare that I will faithfully and honestly, and to the best of my skill and ability, hear and determine the matters referred to me under the provisions of the “ North Shore, Manly, and Pittwater Tramway and Railway Act of 1888.” |
| for faithful discharge | sideration of any matters referred to him, he shall, in the presence of |
| of duty. | a Justice of the Peace, make and subscribe the following declaration, that is to say,— |
| Made and subscribed in the presence of | A.B. |
Penalty for mis
| conduct. | and such declaration shall be annexed to the award when made, and if any arbitrator or umpire having made such declaration shall wilfully act contrary thereto, he shall be guilty of a misdemeanour. |
| bow to be borne. | |
| Cost of arbitration | 29. All costs of any such arbitration and incident thereto to be settled by the arbitrators shall be borne by the said Clement Alban Benbow and Leslie Johnston, their heirs, executors, administrators, or assigns, unless the arbitrators shall award the same or a less sum than shall have been offered by the said Clement Alban Benbow and Leslie Johnston, their heirs, executors, administrators, or assigns, in which case each party shall bear his own costs incident to the arbitration, and the cost of the arbitrators shall be borne by the parties in equal pro portions, unless the amount awarded shall be one-fourth less than the amount claimed, in which case the whole costs shall be paid by the claimant. Provided that if either ])arty shall be dissatisfied with the costs allowed by the arbitrators as aforesaid, the costs may be taxed by the Prothonotary or other proper officer of the Supreme Court, and the amount allowed by such officer shall be the amount of costs to be paid. |
| Awird to be delivered |
| to C. A. Jlenbow and | 30. The arbitrators shall deliver their aAvard in Avriting to the |
| L. Johnston. | said Clement Alban Benbow and Leslie J ohnston, their heirs, executors, administrators, or assigns, Avho shall retain the same, and shall forth with, on demand, at their own expense, furnish a copy thereof to the other party, and shall at all times, on demand, produce the said award, and alloAV the sanu' to be inspected or examined by such party or any person appointed by him for that purpose, and the amount aAvarded shall be paid Avithin sixty days after the publication of such award. |
| Submission may be | |
| made a rule of Court. | 31. The submission to any such arbitration may bo made a rule of the Supreme Court on the application of either of the parties. |
| Award not void | |
| through error in | 32. No aAAard made Avitli respect to any question referred to irregularity or error in matter of form. |
| form. | arbiti’ation under the proA’isious of this Act sliall be set aside for |
■
General power of
| entry. | 33. Subject to the provisions of this Act, it shall be lawful for Clement Alban Benbow and Leslie J ohnston, their executors, adminis trators, and assigns, and for any officer there duly authorized in that behalf, and for all persons employed in the carrying out of any authorized Avorks, and for any person authorized by Clement Alban BenboAV andLeslie J ohnston, their executors, administrators, and assigns, to enter upon the lands of any person whomsocA^er which Clement Alban Benbow and Leslie Johnston, their executors, administrators, and assigns may require to purchase or take, and to take possession and appropriate the same for the purposes of this Act or of the execution of any such authorized Avorks. |
| power to purchase |
| lands by agreement# | 34. Notwithstanding anything hereinbefore contained, it shall |
be laAvful for Clement Alban BenboAV and Leslie Johnston, their executors, administrators, and assigns, if they think fit, to agree with the OAvners of any lands, the acquisition of Avhich is authorized by this Act, and Avith all parties having any estate or interest in such lands or by this Act enabled to sell and convey the same for the absolute purchase, for a consideration in money of any such lands or such parts thereof as shall be thought proper, and of all estates and interests in such lands of AAdiat kind soever.
1889. 52̂ ̂ VIC.
North Shore, Manli/, and Pittwater Tramioay and Railway.
35. I t shall 1)0 lawful for all parties being seized, possess(>d of, or p^irties un()i!r d is
entitled to any such lands or any estate or int('rcst therein to sdl and
c-onvey or release the same to Clement All)an Eenhow and Lc'slie exercise other
Johnston, their executors, administrators, and assigns, and to enter
into all necessary agreements for that purpose, and particularly it shall
he lawful for all or any of the following parties so seized, possessed, or
entitled as aforesaid, so to sell, coirvcy, or release, that is to say, all cor
porations, tenants in tail or for life, married women seized in their own
right or entitled to dower, guardians, committees of lunatics and idiots,
trustees or feoffees in trust for chaiatablc or other purposes, executors
and administrators, and all parties for the time-being entitled to tlic
receipt of the rents and profits of any such lands in possession or snhji'ct
to any estate in dower, or to any lease for life, or for lives and years, or
for years or any less interest, and the power so to sell and convey or
release as aforesaid, may lawfully he exercised hy all such parties other
than married women entitled to doAver or lessees for life or for lives,
and years or for years, or for any less interest, not only on behalf of
themselves and their respective heirs, executors, administrators, and suc
cessors, hut also for and on behalf of every pci-son entitled in ri'vcrsioii,
remainder, or expectancy after them, or in defeasance of the estates of
snch parties, and as to such married Avomen, whether they he of full age
or not, as if they Avere sole and of full age, and as to such guardians on
behalf of their Avards, and as to such committees on behalf of the
lunatics and idiots of Avhom they arc the committees respccti\'cly, and
| that to the same extent as such aaIvcs, AAards, lunatics, and idiots, ri'sjM'c- | . |
| tivcly conld have exercised the same power under the authority of this Act, if they had rcspectiAmly been under no disability, and as to sucli trustees, executors, or administrators on behalf of their cestui que trusts whether infants, issue unborn, lunatics,yi?)»e covert, or other persons, and that to the same extent as such cestui trust respectlA'cly could IniAm exercised the same poAvers under the authority of this Act, if they had respectively been under no disability, and the poAver hereinafter givim to release lands from any rent-charge or incumhrance, and to agrei' for the apportionment of any snch rent-charge or incumhranci', shall extend to, and may laAvfully be exercised by CA'cry party hereinbefore enabled to sell and convey or release lands to the said Clement Alhan Benbow and Leslie Johnston, their executors, administrators, and assigns. |
3G. The said Clement Alban Benbow and Leslie Johnston, their Compensation for
heii's, executors, administrators, or assigns shall make compensation •'■"'poniry, Avrongful or negligent performance by the said Clement Alban Benbow and Leslie Johnston, their heirs, executors, administrators, or assigns of any of the matters or things hereby required to be performed by them or otherwise.
and satisfaction to he ascertained and recovered in case of diiference recurring injuries,
in the manner hereby provided for i emporary, permanent, or recurring
injury, and all other damage, loss, costs, charges, and inconvenience
37. I t shall be laAvful for the Secretary for Public Works on powor for iim
| behalf of the Government at any time, by notice in Avriting, to require | to |
or assigns shall sell to the Government, as the case may he, the said tramAvay and liglit railAAmy upon the terms of paying the then value (exclusive of any alloAvance for past or future profits of the said tramAvay and light raihvay or any compensation for compulsory sale or other consideration Avhatsoevcr) of the said traniAvay and light raihvay, and all lands, buildings, Avorks, materials, and plant of the said Clement Alban BenboAV and Leslie Johnston, their heirs, executors,
the said Clement Alban Benbow and Leslie Johnston, their heirs, unTraiiwa™''*''̂ administrators,
executors, administrators, or assigns to sell, and thereupon the said
administrators.
| 52" VIC. | 1889. |
North Shore, Manly, and Pittwater Tramway and Pailway.
administrators, or assigns, suitable to, and used by him or them for the purposes of the said tramway and light railway, such value, in case of difference, to be ascertained by arbitration in the manner pro vided by the Arbitration Act thirty-one Victoria number fifteen. And when any such sale shall have been made to the said Government, the said tramway and light railway, lands, buildings, works, materials, plant, and premises shall vest in the Railway Commissioners, who shall have all the rights, powers, and authorities of the said Clement Alban Benbow and Leslie Johnston, their heirs, executors, administrators, and assigns in respect to the said tramway and light railway so sold.
| Eecovery of | 38. All penalties imposed under this Act or under any by-laws made in pursuance thereof shall be recoverable in a summary way before a Stipendiary or Police Magistrate or any two Justices of the Peace. |
| penalties. | |
| Shoit title. | 39. This Act may be cited for all purposes as the “ North Shore, Manly, and Pittwater Tramway and Railway Act of 1888.” |
SCHEDULES.
| SCHEDULE A. | , |
Tram-line from North Shore to Manly Beach.
The tram-line will start from the east side of Miller-street at tlie intersection with Falcon-street, and proceed alonp; Falcon-street to east side of Merlin-street; thence across allotment number four, marked on county map as belonging to Mrs. A. M. Thompson, entering at the south-west corner and leaving at the north-east corner thereof ; thence along the Great Military Hoad and the lower Spit Eoad to the waters of Middle Harbour.
2. After crossing the said waters, the main line will proceed along the newly- formed road until it reaches the fourth angle therefrom, when it will be necessar3' to extend the road five chains into land marked on the county map as belonging to J. Fisher, in order to form a reversing line ; thence along the main Manly Eoad to a point seven chains east of the south-west angle of land shown on county map as belonging to .1. H. Jones, from which point it will proceed through said land belonging to supposed owner for a length of ten chains and across a Government reserve No. C 683690, dedicated fifth May, one thousand eight hundred and seventy-six ; thence through lands marked on county map as belonging to J. T. Gray and T. Holt, junior; thence across West-street through A'. Zahel’s property to and across Wood-street, through Zahel’s property and across Condamine-street, through V. ZaheTs property and across Boyle- strecit; thence through Land marked on county map as belonging to J. M. Illidge and across Hill-street, and along a street forming the northern boundary of the Manlv' Cemetery to the western boundary of land marked on the county map as belonging to AF. Watkins ; thence through the said land to the north-east angle of said land; thence along the road to the south-west angle of land marked on the map as belonging to .T. Farrell; thence along a reserved but fenced in road, bidwcen said land and land marked on county map as belonging to H. G. Smith to the junction with the Pittwater Eoad, and along said Pittwater Eoad into Afanly and terminate near the steamers’ wharf. Subject to power for the said Clement Alban Benbow and Leslie .Johnstoji, their heirs, executors, administrators, or assigns, to deviate to the extent of fifty feet from either side of the above lines, subject to the approval of the Eailway Commissioners.
SCHEDULE B.
Manly Beach to Bitticater—Light Bailtvay or Tram.
Commencing at the junction with the North Shore and Manly tram-line, situated five chains east of south-west angle of land m.arked on county map as belonging to J. Farrell; thence through south-west angle of said land and across a road into and through lands marked on county map as belonging to Thomas M‘Clclland and H. G. Alleyne, through Government reserve and across Curl Curl Lagoon into and through lands marked on county map as belonging to J. H. Palmer, across a road into and through land marked on county map as belonging to John Wheeler and W. Tobin, across a road into and through land shown on county map as belonging to John AVheeler, where the road will be required to be diverted half a chain to the east of present position across
the
| 1889. | 52" VIC. | 39 |
Hunter-street Newcastle Extension.
the Manly to Pittwater Eoad, into and through lands marked on county map as belong ing to W. F. Parker and AF. Nicholson, into and through the subdi^dsioll known as the Glreondalo Estate, across a Government road along Pittwatcr to Manly Eoad, which road at thii* point will be diverted one chaiir to the w'estward for the length of eight chains into land marked as belonging to AV. Eedman ; thence through lands belonging to James AVhcolcr and James Jenkins to the southern boundary of the Atount Eamsay Estate ; thence through lands belonging to C. E. PEller, for a length of four chains, and thence along Ocean-street to its intersection with Loftus-street; thence through lands belonging to C. E. Fuller to Narrabcen Lagoon, across the said lagoon into and through lands belonging to J. PA Collins ; thence through lands shown on county map as belonging to E. Jenkins and J. Jenkins, where the Pittwater to Maidy Eoad will have to be diverted for a length of twenty-six chains to the w est; thence through land shown on county map as belonging to J. C. Iledomaii; thence through Government reserve No. C 40-20 SO roll i.xxr i.xx, across the Pittwater Eoad; thence into and through the property marked on county map as the Mona Ando Pistate ; thence across the head waters of an arm of Pittwater ; thence along the foreshores of said Mona  alo ])roperty, across an inlet from Pittwatcr ; thence into and through lots si.x and seven, section E of Newport subdivision, across Eeaconsfield-street, across allotments five, six, seven, eight, section Pt same subdivision, across Queen’s-parade, across Kings-street and Trafalgar-square and Gladstonc-stroei, into and through allotments five to seventeen, section J of the same subdivision of Newport, which will bo the terminus. Subject to power for the said Clement Alban Benboxv and Leslie .lohnston, their hoir.s, executors, administrators, or assigns, to deviate (o the extent of lifty feet from cither side of the above line, subject to the approval of the Eailway Coramissiouers.
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