North Sydney Brick and Tile Company's Tramway Act of 1902 (NSW)

An Act to authorise the construction and con­	Brick and T ile
North Sydnhiy

tinuance of a tramway-line from the North	CoMrANY’.S
Tramway.

Sydney Brick mid Tile Company’s W orks in the borough of W illoughby, across H erbert- street in the said borough, and connecting w ith the Milson’s Point to Hornsby Railway. ____ *y %j

[24 /̂i December, 1902.]

T X rilE llE A S John Bode Ma^ncy, Herbert Oswin Weynton, and Prcambio.

Edward Bobcrt Lanceley, carrying on business under the stylo of tl>o North Sydney Brick and Tile Company, have established Avorks for the manufacture of bricks and tiles on certain lands belonging to tlic said company, and having a frontage to Ilcrhert- street in the borough of Willoughby: And in order to facilitate communication between the said brick and tile works and tlie Milson’s Point to Hornsby Ptailway, the said John Bede Magney, Herbert OsAvin Weynton, and EdAÂ ard PLobert Lanceley are desirous of constructing a traniAÂ ay from tbeir said brick and tile Avorks to the said railAÂ ay : And Avhereas part of such proposed tramAvay is intended to be made upon and across Herbert-strect aforesaid, being a public

V V

street

48 Act, 1902.

North Sydney Brick and Tile Company’s Tramway.

street within the said borough : And the municipal council of the said borough has consented to the construction of such proposed tramway across the said street; but the same cannot be made without legislative authority : And whereas otlier part of the said tramway is to be made on land vested in the Railway Commissioners, who have consented thereto : And whereas the development and extension of the said brick and tile works are likely to prove beneficial to the general public, and the traffic on the Milson’s Point to Hornsby Railway would be increased thereby : Be it therefore enacted by the King’s Most Excellent Majesty, by and with the advice and consent of the Legislative Council and Legislative Assembly of New South M^ales in Parliament assembled, and by the authority of the same, as follows :—

Authority to 1. I t shall bc lawful for the said John Bede Magney, Herbert

construct tramway. Qswin Wcynton, and Edward Robert Lanceley to make, construct,

and continue a tramway across Herbert-street aforesaid, from and connecting with a tramway to be constructed by the said John Bede Magney, Herbert Oswin Weynton, and Edward Robert Lanceley upon their said lands fronting Herbert-street aforesaid, and to continue the said tramway from Herbert-street aforesaid into and upon the lands vested in the Commissioners for Railways, at a point on the Milson’s Point to Hornsby Railway shown in the Schedule hereunder written, and to effect a junction between the said tram-line and the said railway such tramway to be as nearly as possible in the line described in the said Schedule, but so that the same shall not occupy at any part

, thereof upon the said Herhert-street a greater space in breadth than eight feet or upon the said lands of the said Commissioners except the junction of the said railway a greater space in breadth than eight feet. And all plans, tracings, and specifications of the said tramway shall first be submitted to and approved by the said Commis­ sioners so far as any part thereof shall affect or concern the property of the said Commissioners. All works necessary in connection with the junction of railway line to be done by the Railway Commissioners

,

at the expense of the said John Bede Magney, Herbert Oswin Weynton,

and Edward Robert Lanceley.

Authority to connect

2. I t shall be lawful for the said John Bede Magney, Herbert Oswin Weynton, and Edward Robert Lanceley, and their respective workmen and servants to enter upon the Railway Commissioners’ property at a point on the Milson’s Point to Hornsby Railway shown in the Schedule hereunder vH tten ; and the said John Bede Magney, Herbert Oswin Weynton, and Edward Robert Laneeley shall have all rights of ingress and egress to and over the surface of the said street and the said lands of the said Railway Commissioners as required for the construction, completion, repair, maintenance, and use of the said tramway ; Provided that nothing herein contained shall impair or

with raUwsy.

be

i -

Act, 1902.

North Sydney Brick and Tile Company's Tramway.

he held to impair the lawful authority of the borough of Willoughby, or of any corporation, company, or jierson to make all entries and exercise all otlier powers necessary for the construction, maintenance, and preservation of gasworks, ivaterworks, sewerage works, and other works lawfully constructed underground.

3. The tramway shall he laid across the said street at the Level of line,

general level of such street.

4. The said John Bede Magney, Herbert Oswin 'Weynton, and Maintemmce.

Edward Bohert Lanceley shall maintain in perfect order and repair the

said tramway and the space between the rails of the said tramway, and for the space of one foot six inches on each side of such rails where the said tramivay crosses the said street.

5. The said John Bede Magney, Herbert Oswin Weynton, and Repairs.

Edward Bobcrt Lanceley shall immediately repair any damage Avhich may during or by reason of the construction or repair of the said tranway he occasioned to any seivcr, drain, or gas or ivater main, or other property, and shall also repair all damages ivliich may he occasioned by the ivorking of the said tramway in the said street.

6. I t shall he lawful for the said John Bede Magney,HerbertToempioyiiorse-

Oswin Weynton, and Ikhvard Bolicrt Lanceley, subject as aforesaid,

to use upon tlie said tramway liorse-powcr, and carriages, trucks, waggons, or otlier vehicles to he drami thereby, and to carry and convey upon the said traiuAvay bricks, tiles, and other products, goods, and merchandise produced, used, or required by the said John Bede Magney, Herbert OsAvin Weynton, and EdAvard Bobert Lanceley, in or in connection Avith or arising out their said business.

7. Nothing in this Act shall he deeiued to authorise the said No imthority to enter

John Bcdc Magney, Herbert OsAvin Weynton, and EdAvard Bobert

consent in Avriting in every instance of the said Commissioners for

Lanceley to take or enter upon any land belonging to tin; Commissioners property without

for Baihvays, or to alter or interfere Avith the raihvay from Milson’s

Baihvays.

8. The said Commissioners shall, from time to time, at the Railway

expense of the said John Bede Magney, Herbert OsAvin "Weynton, and

EdAÂ ard Bobcrt Lanceley, erect such signals and fences incident to the appoint watcUmen,

junction, cither upon their own lands, or upon the lands of the said John

Bede Magney, Herbert OsAA'in 'VTeynton, and EdAAurd Bobert Lanceley,

and may from time to time appoint and remove any such Avatchmen

or other persons as may be necessary for the pi’evention of danger to,

or interferi'nce Avith, the traffic at or near the junction.

9. In the event of the said John Bede Magney, Herbert Oswinincaseofncsiocuousc Weynton, and Edward Bobert Lanceley neMecting to Avork tbe said auatcrki toW’omc th.; ,, , . a - t , proiic' ity of tlie Railway

tramAvay lor a continuous period ol tAVO years, then ail material and commissioners,

plant belonging thereto AAdiich shall bc or lie Avithin the boundaries of

d the

50 Act, 1902.

North Sydney Brick and Tile Company's Tramway.

the land owned by the Railway Commissioners shall, at the expiration of the said term of two years, he and become the absolute property of the said Commissioners, who shall have the power to take up, remove, and dispose of the same as they may think fit.

Right of Crown	10. At any time after ten years from the passing of this Act the Governor, with the advice of the Executive Council, may, if he think fit, purchase such tramway upon giving to the said John Bede Magney, Herbert Oswin Weynton, and Edward Robert Lanceley six months’ notice in writing of his intention so to do. If the amount tendered for the purchase of the property he considered inadequate by the said John Bede Magney, Herbert Oswin Weynton, and Edward Robert Lanceley, the amount shall be ascertained by assessment in terms of the Public Lands Acquisition Act.
to acquire tramway.
Rights to lapse
if works not	11. The said John Bede Magney, Herbert Oswin Weynton, and Edward Robert Lanceley shall not be entitled to any of the rights and privileges conferred upon them by this Act unless they shall have commenced the said tramway within the period of six months and completed the same within the period of two years from the passing of this Act.
carried out.
Government Railways
Act, 1901, not affected.	12. Nothing herein contained shall alter, repeal, or otherwise affect the Government Railways Act, 1901.
Interpretation,	13. The words “ John Bede Magney, Herbert Oswin Weynton, and Edward Robert Lanceley,” shall, wherever used in this Act, be taken and held to include not only the said John Bede Magney, Herbert Oswin Weynton, and Edward Robert Lanceley, but also their heirs, executors, administrators, and assigns, and all the rights, powers, privileges, benefits, and advantages conferred by this Act shall be transferable by any instrument in Avriting.
Short title.	14. The Act may for all purposes be cited as the “ North Sydney Brick and Tile Company’s Tramway Act of 1902.”

SCHEDULE.

The railway will commence at a point on the western boundary of Herbert- street, about forty-five links northerly from its intersection with the north-western boundary of Westbourne-street, and will proceed thence in a north-easterly direction for about one chain and twenty-five links along a curved line, having a radius of about seven chains across Herbert-street, to its eastern boundary, which is also a portion of the western boundary of the land occupied by the railway from Milson’s Point to Hornsby ; it will continue thence in a north-easterly direction along a continuation of the same curved line for a distance of about two chains across a portion of the said land occupied by the said railway from Milson’s Point to Hornsby; and thence in a northerly direction along a curved line, having a radius of about eight chains for a distance of about four chains, to a junction with the down line of rails of the said railway from Milson’s Point to Hornsby, at a point near the home signal about twenty chains northerly from Saint Leonards Station.