Pennant Hills Tramroad Act 1854 No pht (NSW)

s i tuate a t P e n n a n t Hi l l s in t he coun ty of Cumber land in t he Colony of N e w South Wales for t he purpose of forming repa i r ing and amend­ ing t h e publ ic s t reets and places in t he city of Sydney which is l ikely to prove beneficial to t he inhab i t an t s of t he said city a n d t h e publ ic advan tage is a t present especially concerned in p romot ing t h e increase and

An Act to enable the Commissioners for the City

of Sydney to construct a Tramroad from the

Quarry at Pennant Hills to the Parramat ta

River. [2nd December, 1854.]

W H E R E A S the Commissioners for the city of Sydney obta in a

supply of b lue me ta l or stone from a cer ta in publ ic Q u a r r y

and facility in t he supply of such me ta l or s tone from the said Quar ry if t he same could he conveyed by a Tramroad or Tramway from such Qua r ry to t he P a r r a m a t t a River and i t is necessary to pass over cer ta in lands already g ran ted by the Crown to several persons and whereas i t is deemed expedient to author ize t he said Commissioners to form such Tramroad or T r a m w a y over t he lands hereinafter described upon paymen t of reasonable compensat ion to t he owners of such land for such quan t i ty thereof as may be occupied thereby Be i t therefore! enac ted by H i s Excel lency the Governor of N e w South W a l e s wi th t he advice and consent of t he Legislat ive Council thereof as follows—

1. I t shall be lawful for t he Commissioners for t h e ci ty of Sydney to make and cont inue a T ramroad or T r a m w a y from the P a r r a m a t t a River aforesaid to the sou thern boundary of t h e said Q u a r r y a t P e n n a n t Hi l l s aforesaid in t he l ine described in t he Schedule he reun to annexed m a r k e d A so t h a t such road or way shall no t occupy in any par t thereof a grea te r space in b r ead th t h a n twenty-five feet i nc lud ing the supports a b u t m e n t s a n d foundat ions thereof b u t reserv ing to the Commissioners t h e power to deviate from the descript ion in t h e said Schedule to the ex ten t of two chains on ci ther side of t he proposed Tramway .

2. The rails of so m u c h of t he said Tramroad or T r a m w a y as

shall pass a long or over any publ ic roads shall no t be raised above two • inches above t he level of t he said road and t h e said Commiss ioners : shall have no fur ther r igh t to t h e soil of the land benea th t h e surface t h a n shall be requis i te for t he format ion and repai r of t he said road

by cu t t i ng e m b a n k i n g or otherwise.

3. The g round and soil of so m u c h of the site of t he said T ramroad or T r a m w a y as passes over the lands of such persons as may be t aken or used by the said Commissioners or the i r successors in pu r suance of t he provisions of th i s Ac t toge ther wi th such r igh t of ingress upon t he adjacent land as shall be necessary for the m a k i n g and repair thereof shall he vested by v i r tue of th is Ac t and wi thou t t h e necessity of any deed of conveyance of the l and in t he said Com­ missioners and the i r successors for t h e purpose of a Tramroad or T r a m w a y for the i r use a n d the use of the i r lessees and t enan t s and the i r servants officers workmen and cont rac tors subject to t he provisoes hereinbefore conta ined A n d provided fur ther t h a t a t t h e j unc t i on or crossing of t h e said Tramroad or T ramway wi th or over any h ighway the said Commissioners shall erect and main ta in proper and efficient gates for the safety of t h e passengers and traffic on t h e said h ighway.

1. The said Commissioners or the i r successors shall pay to t he

said par t ies whose land shall be so t aken or used by t h e said Commis­ sioners as aforesaid t he sum of twen ty pounds per acre and in t he like propor t ion for any less quan t i ty for such land of t he said par t ies as t he said Tramroad or Tramway inclusive of t he suppor ts a b u t m e n t s and foundations thereof shall occupy b u t in case the said par t ies shall deem the said price or compensat ion insufficient i t shall be lawful for t h e m wi th in t he space of six m o n t h s from the pass ing of th is A c t to apply to H i s Excel lency t h e Governor to appoin t and he shall there­ upon appoint accordingly Commissioners to inqu i re in to and assess t h e same in l ike m a n n e r as is enacted and directed in t he case of a road th rough pr ivate proper ty proclaimed by the Governmen t unde r and by v i r tue of a n Ac t of t he Governor and Legislat ive Council passed in t h e fourth year of the re ign of H i s la te Majesty K i n g

Wi l l i am the F o u r t h int i tuled " An Act for making altering and " improving the Roads throughout the Colony of New South Wales and
" for opening and improving the Streets in the Towns thereof" A n d for
t h e purpose of such assessment t he said Commissioners or any two of t h e m shall have and possess all the powers vested in t h e m or any two

of

of t h e m by t h e said A c t and the l ike duties powers a n d regu la t ions

shall a t t ach a n d apply to t h e par t ies j u ro r s witnesses a n d o thers

occupied	a n d concerned in re la t ion the re to and in case t h e price
assessed	on such inqu i ry be in excess of t h e sum awarded by th is A c t

such excess shall in addi t ion to t he pr ice awarded by th is A c t be paid by t h e said Commissioners or the i r successors accordingly toge ther wi th t h e costs of i nqu i ry b u t if t h e pr ice awarded upon t h e said inqu i ry shal l no t exceed the s u m awarded by th is Ac t t h e costs of the inqu i ry shall be paid by the par t i es demanding t h e same t h e a m o u n t of which costs shall be assessed and t h e person or persons by and to w h o m t h e same shall be pa id shall be ascer tained by t h e order of t h e said Commissioners and shall be recoverable by act ion of debt if n o t

paid on demand p u r s u a n t to such order.

5. The said Commissioners or the i r successors shall if r equ i red

there to by any of t h e par t ies whose lands m a y be so t a k e n as aforesaid or the i r heirs or assigns m a k e and comple te and from t i m e to t ime keep in repa i r a good and subs tant ia l fence u p o n each side of so

m u c h of t he said T ramroad or T r a m w a y as shall pass on t h e l and of

t h e said par t ies dividing t h e same from t h e l and adjacent a n d if a n y damage shall be commit ted to or upon such adjacent l and in t h e m a k i n g or r epa i r ing or u s ing of t h e said T ramroad or T r a m w a y by

t h e said Commissioners or the i r officers agents servants w o r k m e n or

cont rac tors they shall for thwith m a k e good t h e same and if t h e said

Commissioners or the i r successors shal l m a k e default in erec t ing or

keep ing repa i red t h e said fence t h e said par t ies or the i r he i r s or

assigns shall be at l iber ty to erect or repa i r t he same as t h e case m a y

be and recover t he expense necessari ly incur red the re in by act ion of debt and if t h e said Commissioners or the i r successors shall fail to m a k e good or compensate any such damage as aforesaid commi t t ed

by t h e m or the i r officers agen t s servants w o r k m e n or contrac tors in

t he m a k i n g repa i r ing or us ing of t h e said Tramroad or T r a m w a y t h e same m a y be recovered from t h e m or the i r successors as special damages by act ion of debt.

S C H E D U L E A.

D E S C R I P T I O N of L i n e for a Tramroad from P e n n a n t H i l l s Quarry to the Parramat ta R i v e r .

1.     T h e d a t u m is a peg at h i g h water mark upon the north bank of the Parramat ta l l i v c r

and opposite a small wharf at R e d	B a n k .
2 . T h e l ine leaves the da tum w i t h a north-west course through the Sobiaco E s t a t e	2 2

cha ins 3 5 l inks then i n a north-east course 3 2 cha ins 4 5 l inks to the centre of a
creek forming the boundary l ine between the Sobiaco E s t a t e and Mr. Elder 's land.

3 .     T h e n on Mr. Elder 's l and in a north-east course 1 2 chains 2 0 l inks a north-west course 2 0 cha ins 2 4 l inks to the centre of a creek d iv id ing the lands of Mr. E l d e r and Mrs. B o w e r m a n .

4 . T h e n i n a north-west course upon Mrs. Bowerman's land 1 5 chains 3 0 l i n k s t h e n in a

north-east course 2 5 cha ins 2 5 l inks to south fence of Parramatta Road.

5 . T h e n in a north-east course across the Parramat ta Road 1 chain 5 0 l inks .

6 .     T h e n through Mrs. Durden ' s land in a north-east course 6 chains G5 l i n k s to the wes tern

boundary of Mr. Fearon's Road.

7. T h e n across Mr. Fearon's private road 3 5 l inks in a north-east course.
8 . T h e n in a north-east course G chains 1 0 l inks upon Mrs. Durden's land.

9 .     T h e n in a nor ther ly course 8 cha ins 8 0 l inks to Mrs. Durden ' s northern boundary fence.

1 0 .      T h e n in a norther ly course through G o v e r n m e n t land 1 9 chains 7 0 l i n k s to a peg in the

Quarry.

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