Penrith Nepean Bridge Company Act 1851 No pnb (NSW)
| 198 | 15*̂ VIC. | 1851. |
'Penrith Nepean Bridge Company.
| S r c S v . | incorporate a Company to be called “ The Penrith Nepean Bridge Company” and to enable the said Company to erect and maintain a Bridge over the Biver Nepean at Penrith in direct continuation of the present line of the Great Western Eoad and to take Toll thereat for a term of years and for other purposes therein mentioned. [15^ ̂December, 1851.] |
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| Preamble. | _. _. | ||
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| Pioprictors incorpo- Govcmor of Ncw South Wales with the advice and consent of the | rated by the name | |
| ||
| Nepean Bridge | ||
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that
| 1851. | 15̂ ̂VIO. | 199 |
jPenrith Nepean Bridge Company.
that name shall have perpetual succession and a common seal and hy Seal.
that name shall and may sue and he sued plead and be impleaded
answer and he answered unto defend and he defended in all Courts
| and places whatsoever and the said (jompany shall from time to time | t™ nal'e |
| and at all times have full power and authority to constitute make by-laws. ordain and establish such by-laws regulations and ordinances as may be deemed necessary for the good rule and government of the said company Provided that such by-laws be not inconsistent herewith or with any laws in force in this Colony or repugnant to the laws oi‘ England. |
2. And be it enacted That the capital stock of the company
hereby established shall be six thousand pounds sterling and shall be simres of five iioumis
divided into twelve hundred shares of five pounds each and such
shares shall be numbered begimiing Avith number one and so on in
regular arithmetical progression ascending whereof the common excess
or difference shall ahvays be one and every such share shall always he
distinguished by the number to bo applied to the same and the said
shares shall be and are hereby vested in the persons hereinhefore
named and in such other persons as shall take shares in the said
company and their successors and their several and respective
executors administrators and assigns and upon taking any share every
subscriber shall pay to the manager or other proper officer of the said
company the sum of two shillings and sixpence sterling for ever share
Avhich shall be so taken and shall pay the remaining amount of every
such share to such person or persons and in such parts or proportions
as the directors of the said company shall deem necessary and from
time to time call for and require Provided always that no such call amount of payment.
shall exceed the sum of ten shillings for or in respect of any one share
and that no call or calls be made but at the distance of two months at
the least from another and that notice of every such caU shall be given
in the New South Wades Government Gazette and in one or more of
tlie newspapers published in the city of Sydney thirty days at the least
before the day appointed for the payment of the same and on the
demand of the holder of any share the company shall cause a certificate
under the seal of the said company of the proprietorship of such share
to be delivered to such shareholder and the same shall be according to
the form in Schedule A to this Act annexed or to the like effect and
that the said shares shall be and be deemed personal estate and trans- Share to fie personal
| ferable and transmissible accordingly and that every such share shall | ' ’ |
| entitle the holder thereof to a proportionate part of the profit and |
| dividends of the said Company. | .' |
3. And he it enacted That the said company shall as soon as Kegister of share-
| j 1 | 1 | T | j T | Ti ' j * | 1 | 1 1 | £* | j-1 | liolucrs to Ijc koptt |
the same can be done cause the names additions and addresses of the several proprietors of shares in the capital stock of the said company together with the number of shares to which they shall be respectively entitled and also the proper number by which every such share shall be distinguished and the amount of the subscriptions paid thereon to be fairly and distinctly entered in a register book to be kept in the office of the said company for that purpose and to be called “ Tbe llcgister of Shareholders” to the end that each proprietor for the time being and his interest in the company may be known and that Avhen and so often as any change of ownership in such shares shall take place by transfer or otherwise such change of ownership shall be duly entered in the said book.
4. And be it enacted That it shall be lawful for the proprietor shares may he sold,
of any share in the said undertaking and his executors or adminis trators to sell and dispose of any share to whieh he shall be entitled therein subject to the provisions herein contained and the form of conveyance of shares may be in the folloAving words or to the lik<!
effect
| 200 | 15 ̂ VIC. | 1851. |
Penrith Nepean Bridge Company.
eifect Tarying the names and descriptions of the contracting parties as
the case may require—
| Form of conveyance. | “ | I | of | in Consideration of |
| “ paid to me hy | of |
“ do hereby bargain sell assign and transfer to the said “ share {or shares os the case may be)
| “ numbered | of and in the Penrith Nepean |
“ Bridge Company to hold unto the said
“ his executors administrators and assigns subject to the
“ same conditions as I held the same immediately before
| “ the execution hereof | And I the said |
“ do hereby agree to accept and take the said share {or “ shares) subject to the same rules orders restrictions and
| “ conditions | As witness our hands and seals the |
| “ day of | in the year of our Lord one thousand |
| “ eight hundred and | ” |
and in every such case the said deed or conveyance being duly executed shall be delivered to the Secretary or other proper officer of the said company to be kept by him- and the said secretary or other proper officer shall enter a memorial of such transfer and sale for the use of the said company in a book to be kept for that purpose and shall endorse such entry on the conveyance and shall on demand deliver a new certificate to the purchaser and for every such entry together Avith such endorsement and certificate the company may demand any sum not exceeding two shillings and sixpence and on the request of the purchaser of any share an endorsement of such transfer shall be made on the certificate of such share instead of a new certificate being granted and such endorsement being signed by the secretary or other proper officer of the said company shall be considered in every respect the same as a new certificate and until such transfer shall be so delivered to the secretary or other proper officer as aforesaid the vendor of the share shall continue liable to the company for any calls that may be made upon such share and the purchaser or purchasers of the share shall not be entitled to receive any share of the profits of the said undertaking or to vote in respect of such share.
| Evidenee of property | 5. And be it enacted That a certificate of the proprietorship of g^j^ company Under the seal of the said company as aforesaid shall be admitted in all Courts as prima facie evidence of the title of any shareholder his executors administrators or assigns to the share therein specified. |
| in shares. | |
| No share to he trans- | 6 . And be it enacted That no shareholder shall sell or transfer any share which he shall possess in the said company after any call shall have been made by the said directors for any sum or sums of money in respect of such share unless he at the time of such transfer shall have paid or discharged to the manager of the said company or to such other person as the directors shall authorize to receive the same the whole and entire sum of money which shall have been called for in respect of such share so to be sold and transferred. |
| ar7eat.'̂ *”**̂ |
Company not bound 7. Aiid be it enacted That the said company shall not be bound
of trusts *rnTespect to SCO to the exccution of any trust implied or constructive to which
of shares.any of the said shares may be subject and the receipt of the party in
whose name any such share shall stand in the books of the said company or if it shall stand in the name of more parties than one the receipt of one of the parties named in the register of shareholders shall from time to time be a sufficient discharge to the said company for any dividend or other sum of money payable on account of any such share notwithstanding any such trusts to which such share may then be subject unless the said company shall have notice of such trusts and the said company shall not be bound to see to the application
| of the money paid upon such receipt. | 8. |
| 1851. | 15° VIO. | 201 |
Penrith Nepean Bridge Company.
8. And be it enacted That tlie several persons who have sub-Subscribers to tiic
scribed or who shall hereafter subscribe any money towards the said seutativos\Tpay'us'
undertaking or their legal representatives respectively shall pay the appointed by the
sxuns respectively so subscribed or such portions thereof as shall from
time to time be called for by the directors of the said company at
such tunes and places as shall be appointed by the said directors and
with respect to the provisions in this Act contained lor enforcing the
payment of calls the word “ shareholder” shall extend to and include Term “ simrchoidei ’
the personal representatives of such shareholder. rcpieseota-
y. And be it enacted That it shall be lawful for the directors Power to make caiu,
of the said company from time to time to make such calls of money hoUer̂ ami'obiis'u-
upon the several shareholders in respect of the amount of capital *‘on to pay.
subscribed or owing by them respectively as they shall deem neces
sary provided that thirty days notice at the least be given of each
and every such call and that successive calls be not made at less than
the prescribed interval of two months as aforesaid and that no call
exceed the prescribed amount aforesaid and that every shareholder
shall be liable to pay the amount of the calls so made in respect of
the shares held by him to the persons and at the times and places
from time to time appointed by the said company or the directors
thereof.
10. And be it enacted That if before or on the day appointed interest to bo pai.i
for such payment any shareholder shall not pay the amount of any call to which he is liable every such shareholder shall be liable to pay interest for the same at the rate of seven pounds per centum per annum from the day appointed for the payment thereof to the time of the
| actual payment. | ' |
11. And be it enacted That it shall be lawful for the said com- Power to receive
pany if they think fit to receive from any of the shareholders who shall shlreiiddCTr*
be willing to advance the same all or any part of the moneys due uj)on
their respective shares beyond the sums actually called for.
12. And be it enacted That if at any time ajipointed by the Po'̂ ertosuedefauit-
| said company or the directors thereof for the payment of any call any | S | ’liarUioidors. |
| shareholder shall fail to pay the amount of such call to which he shall be liable it shall be lawful for the said company to sue such share holder for the amount thereof in any Court of law or equity having competent jurisdiction and to recover the same rvitli interest as afore said from the day on whicli such call was payable. |
13. And be it enacted That the production of the register of Pefister of tus
shareholders required to be kept in the, office of the said company shall he pjrima facie of such defendant’s being a shareholder and of the number and amount of his shares.
| 11. And be it enacted That if any shareholder shall fail to pny any call payable by him together with interest if any shall have accrued | inm-re.-u-mny |
foueitcd.
due thereon the directors of the said company at any time after the expiration of tAvo months from the day appointed for payment of such call may if they shall think fit declare the share in respect of which such default shall hai'c been made forfeited and that Avhetlicr the said company shall have sued for the amount of siudi call or not.
15. And be it enacted That before declaring any share forfeited Twcuty-ono days the directors of the said company shall cause notice of their intention "f intontio'!“to''^“ to declare such share to bo forfeited to be left at or transmitted by 'pciaro fbaro
post to the usual or last knoAvn place of abode of the person appearing by the register of shareholdcj’s required to be kept in the office of the said company to be the proprietor of such share and if the holder of any such share shall be beyond the limits of this Colony or if his or their usual or last place of abode be not known to the said directors or if the interest in any share shall be known to the said directors to have become transmitted otheinvise than by transfer and so the address
| 2 c | - | o | f |
| 202 | 15̂ VIC. | 1851. |
Penrith Nepean Bridge Company.
of the party to whom the said share may for the time being belong shall not be known to the said directors the said directors shall give public notice of such intention in the New South JNales Government Gazette and also in one or more of tlie newspapers published in the city of Sydney and the several notices aforesaid shall he given twenty- one days at least before the said directors shall make such declaration of forfeiture.
| Forfeited shares may | 16. And he it enacted That after such forfeiture as aforesaid it shallbe lawful for the said directors to sell the forfeited share or shares either hy public auction or private contract and if there he more than one forfeited share then either separately or together as to them shall seem fit and any shareholder may purchase any forfeited |
Eyidenoe of proprie- share SO sold as aforesaid and the receipt of the ofiicer of the said com- torship in purchaser pauy authorized hy the directors to receive ]iayment of the price of
| of forfeited shares, | share shall Constitute a good title to such share and a certificate of proprietorship shall he delivered to such purchaser and thereupon he shall he deemed the holder of such share discharged from all calls made prior to such purchase and he shall not he bound to see to the application of the purchase money nor shall his title to such share he affected by an irregularity in the proceedings in reference to such sale. |
| No more shares to | 17 - And bc it cuacted That the said company shall not sell or |
he sold than arc transfer more of the shares of any such defaulter than shall be sutfi-
arreSsandexpfnses. ciciit as nearly as cau he ascertained at the time of such sale to pay the arrears then due from such defaulter on account of any calls together with the interest payable in respect thereof and the expense attending such sale and declaration of forfeiture and if the money pro duced by the sale of any such forfeited share be more than sufficient to pay all arrears of calls and interest thereon due at the time of such sale and the expenses attending the declaration of forfeiture and sale thereof with the proof thereof and the certificate of proprietorship to the purchaser the surplus shall on demand be paid to the defaulter.
On payment of
| arrears before sale | 18. And be it enacted That if payment of such arrears of call vested in the said company shall have been sold as aforesaid such share shall revert to the party to whom the same belonged before such forfeiture in such manner as if such call had been duly paid. |
| shares to revert to | and interest and expenses he made before any shares so forfeited and |
| the party. | |
| On payment of | |
| £3,000 company | 19. And he it enacted That so soon as the capital stock of the three thousand pounds paid up and not before it shall he lawful for the said company and they are hereby authorized and empowered by themselves their agents deputies ofiicers and workmen to construct and build or cause to be constructed built and completed a good substantial bridge not less than twenty-six feet wide over the River Nepean from the spot where the road diverges at a right angle to descend to the present ferry on the eastern hank of the said river in a direct line across to the western hank continuing thereby the Great Western Road in a straight Line to Emu Plains in the county of Cook and to dig and make proper foundations in the said river or on the hanks thereof and to cut remove and carry away all roots of trees beds of gravel sand mud or other impediment whatsoever which may in any way interrupt or hinder the erecting or completing the said bridge and generally to do and execute all and every other act matter and thing required and necessary convenient or useful for erecting building preserving protecting and repairing the said bridge and the course or channel of the said river and making such proper embankments ways and approaches thereto as may he required according to the true intent and meaning of this Act. |
| authorized to com | said company shall have been actually subscribed for and the sum of |
| mence work. | |
| Power to company to |
| construct a bridge j . i - x i i r | 20. And be it enacted That it shall be lawful for the said com- |
on land described in pany their agents deputies otflcers and workmen to make construct
| . | and |
| 1851. | 15*̂ VIC. | 203 |
J?enrith Nepean Bridge Company.
| the same shall require to be on the land and within the lines described jlmefwoodrfff.'*̂ * in tlie Sclicdule hereto annexed marked B the property of one Daniel | and build whatever portion of the said bridge or the road to or over schedule b the not occupy in any part thereof a greater space in breadth than eighty feet including the abutments supports and foundations thereof Pro vided always that the said bridge shall be constructed and brought into use within the term of three years from the passing of this Act. |
21. And be it enacted That the ground and soil of the said site of such portion
| portion of land so required for the purposes of the said bridge aiid | ny****̂'̂ |
contained within the lines so set out in the Schedule aforesaid tegether witiiout conveyance,
with such right of ingress upon the adjacent land as shall bc necessary
tor the erecting constructing and building the said bridge and for tin;
repair thereof shall be vested by virtue of this Act and without the
necessity of any deed of conveyance of the land in the said company
for the purpose of the said bridge and roadway for their use and the
use of their servants agents deputies and workmen subject to the
provisoes bereinbeforc contained.
22. Provided nevertheless and be it enacted That the said com- Compensation to be pany shall pay to the said Daniel James Woodriff at the rate of twenty wooddffariiopw pounds per acre for such land of the said Daniel James Woodrilf as acre.
the said bridge and roadway including the supports embankments abutments and foundations thereof shall occupy but in case the said Daniel James Woodriff shall deem the said price or compensation insullicient it shall be lawful for him within the space of twenty-four calendar months from the passing of this Act to apply to His Ex cellency the Governor to appoint and he shall thereuj)on appoint accordingly Commissioners to inquire into and assess the same in like manner as is enacted and directed in the case of a road through private property proclaimed by the Government under and by virtue of an Act of the Governor and Legislative Council passed in the fourth year of the reign of His late Ma,jcsty King William the Pourth intituled “ An Act for making altering and improving tlie Hoads “ throughout the Colony of New South Wales and fo r opening and “ improving the Streets in the Towns thereof” and for the purpose of such assessment the said Commissioners or any two of them shall have and possess all the powers vested in them or any two of tliem by the said Act and the like duties powers and regulations sliall attach and apply to tlu' parties jurors witnesses and others occupied and concerned in relation thereto and in case the price assessed on such inquiry l)c in excess of the sum awarded by this Act such excess shall in addition to the price awarded by this Act be paid by the said company accordingly together with the costs of the inquiry but if the price awarded upon the said inquiry shall not exceed the sum awarded by this Act the costs of the inquiry shall be paid by the parties demanding the same the amount of which costs shall be assessed and the person or persons by and to whom the same shall be paid shall Ije ascertained by the said Commissioners and may be recovered by action of debt if not paid on demand pursuant to such order.
23. Provided also and l3e it enacted That the said company Fence to be made
shall make and complete and from time to time keep in repair a good com'̂ nv
and substantial two-railed fence at a distance of one rod upon each side of bridge!
side of so much of the said bridge or roadway as shall pass on the
land of the said Daniel James Woodriff dividing the same from the
land adjacent and if any damage shall bc committed to or upon such
adjacent land in the building erecting constructing or repairing the
said bridge by the said company they shall forthwith make good the
same and if the said company shall make default in erecting or
keej)ing repaired the said fence the said Daniel James Woodrilf his
heirs
| 204 | Ib^ YIC. | 1851. |
jPenrith Nepean Bridge Company.
heirs or assigns shall he at liberty to erect or repair the same as the case may be and recover the expense necessarily incurred therein by action of debt.
| iir nnnâ 'o/b̂ ̂ | ciiacted That tlic immediate government and |
| board of'luicot̂ ors. | management of the affairs of the said company shall be vested in seven directors who shall be proprietors of at least thirty shares each and who shall be chosen by the shareholders of the said company in the manner hereinafter proAvded but not less than three directors shall |
Quorum for business, constitute a boai’d for the transaction of business of which the chairman shall always be one except in case of sickness or necessary absence in which case the directors present may choose one of their number as chairman in his stead that the chairman shall vote at the board as a director and in case of there being an equal number of votes for and against any question before them the chairman shall have the casting vote.
| Xo vote under four | 25. And bc it enacted That no shareholder shall be entitled to |
| Siiarcs one vote for |
| four sliares and a | vote in the deliberations of the said company who shall not be pos |
| vote for every addi | sessed of four shares at the least in the capital stock of the said company |
| tional eight. | and that every shareholder who shall be possessed of four or more shares in the said company shall for the first four shares lie entitled to one vote and for every additional number of eight shares to one additional vote Provided that no shareholder shall be entitled to more than ten votes in the said deliberations and all shareholders may |
| Vote by proxy. | vote by proxy if they shall see fit provided such proxy be a shareholder and do produce from the shareholder whom he shall represent or for ndiom he shall vote an appointment to the following effect and in this form— |
| “ I {or we) | of | do hereby nominate |
| Form of proxy— limited to each | “ and appoint | one of the proprietors of the |
| particular meeting. |
“ Penrith Nepean Bridge Company to be my proxy in my “ name and in my absence to vote and give my assent to “ or dissent from any business matter or thing relating to “ the said company that shall be mentioned or proposed at “ the general or special assembly of the said company to be
| “ holden on the | day of |
“ or any adjournment thereof if I shall not be pi*esent in “ such manner as he shall think fit for the benefit of the said “ company In witness whereof I have hereunto set my
| “ hand this | day of | 18 |
And every question of election of public officers or other matters or things wiiich shall be proposed discussed or considered at any public meeting of the said company under the authority of this Act shall be determined and decided by the majority of the votes and proxies then and there present Provided ahvays that the same person shall not vote as proxy for any number of persons wiio shall be together pro prietors of more than three hundred shares.
| Votes of lunatics and | 26. And be it enacted That if any shareholder be a lunatic or idiot such lunatic or idiot may vote by his committee and if any share holder bc a minor he or she may vote by his or her guardian and every such vote may be given either in person or by proxy. |
| minors. | |
| First general meet | 27. And be it enacted That whenever six hundred shares of the aforesaid the first general meeting of the shareholders for putting this Act in execution shall be held at some convenient place within the liorough of Penrith between the hours of ten in the forenoon and four in |
| ing of the share | |
| holders to organize | said capital stock shall have been subscribed and the deposits paid as |
| the oomiiany. | |
| Fifteen days notice | the afternoon of wdiicli meeting not less than fifteen days notice shall be |
| to be given. | given by advertisement in the New South Wales Government Gazette wA in one or more of the newspapers published in the city of Sydney which |
notice
| 1851. | 15° VIC. | 205 |
Penrith Nepean Bridge Gompang.
notice three or more of the said shareholders are hereby authorized to giA'o and tlicre shall he held in each and every year after the present year two general meetings of the shareholders to he convened upon the fii'st Wednesday in the months of January and July in each year at the hour of eleven in tlie forenoon in the said borough or at such other hour or place as the said company at tlie preceding general meeting shall from time to time direct and appoint of 'whicli future general meeting not less than iiftecn days notice shall he given hy such pulilic advertisements as hereinhefore mentioned or in such other manner as the said company at their respective general meeting shall direct and at such hrst general meeting the shareholders then present shall hy themselves or their jiroxies proceed to elect hy the majority of votes of shareholders at tlie time possessed of not less than four shares each sev('n persons out of such shareholders as at the time of such election shall rcsjicctivcly ho possessed in their own right of not less than thirty shares each in tlie said company to he directors to manage and conduct the alFairs of the said company and the directors so chosen shall choose out of their numher one who shall he the chairman of the said company Provided always that the omission to meet as here- omissim: t... mcett
inhefore required shall work no forfeiture hut the sharelioldcrs may he '
afterwards called together Ijy the directors of the said company for
tlie time being.
2S. And h(' it enacted That at each general meeting which Retirement of
shall he held in the month of July in eacli year two direetttrs shall rt'tire from ofilce such retirement to he decided hy lot until all tlie lirst set of directors in oflicc at the first general meeting shall have so retired and then in each succctxling year the directors who shall have been longest in office shall retire and so on from time to time during the continuance of the said company and at every such general meeting in the month of July in each and every year the shareholders then present hy themselves or their proxies shall elect two new directors in the place of the directors who shall have so retired in the manner hereinhefore provided for the election of the first set of
| directors | Provided always that ev'ery director who shall hy rotation ni'i;ctois retiring |
or otherwise go out of oflicc on any general day of election shall r"iciectcd!'''’*
he cligilile to lie immediately re-elected a director of the said companv
and any director who shall at any time he re-elected shall ho deemed
to hav(! been in office only from the time of such re-election and that
all the first set of directors shall have so retired before any new or
re-elected director sliall retire.
29. And he it enacted That in case any general mecthig of the oiivctm- to conthm,;
conrpany at which a new director ought to have been chosen
have been adjourned from any cause whatever and a new director
shall not have been chosen at such meeting then and in every such
case the directors in office for the time being shall continue and have
full power to act until a new director shall he duly chosen.
30. And he it enacted That every vacancy in the oflicc of
director occasioned hy death resignation disqualification or removal or uii within twi
hy any other means than hy going out of office hy rotation as afore
said shall lie filled up hy the election of a iicw director at a special
general meeting of the shareholders to he convened hy the hoard of
directors for that purpose within two calendar months next after such
vacancy shall occur and every shareholder who shall he elected to
supply any vacancy in the office of director occasioned hy the death
resignation disqualification or removal of any director as aforesaid
shall continue in office so long only as the person in whose place or
stead lic may he elected would have been entitled to continue in
office if such death resignation disqualification or removal had not
happened.
| 206 | VIO. | 1851. |
Fenrith Nepean Bridge Company.
No person concerned
| in contracts under | 31. Provided always and be it enacted That no person being be capable of being a director of the said company and no director shall be capable of bemg interested in any contract with the company during the time he shall be a director. |
| company shall bo | concerned or interested in any contract under the said company shall |
| capable of being a | |
| director. | |
| Directors to appoint | |
| officers. | 32. And be it enacted That the said directors shall have the power of nominating appointing and discharging all and every the oflhcers and persons connected with the said company at such salaries or rates of remuneration as to the said directors shall seem proper and shall have the management and superintendence of the affairs of the said company and they may lawfully exercise all the powers of the said company except as to such matters as are directed by this Act to be transacted by a general meeting of the company hut the exercise of all such powers shall he subject to the by-laws rules and regulations of the said company and the shareholders shall have power from time to time to alter and amend or to make such rules by-laws and regula tions for the good government of the said company and of such bridge works and property hereinbefore mentioned and for the due collection of the tolls to be hereinafter reserved and for the well governing the workmen and other persons employed by the said company and for regulating the securities to be required from the officers and persons who shall be entrusted with the moneys of the said company as to the major part of the shareholders shall seem meet which said rules by-laws and regulations being put into writing under the common seal of the said company shall be published in the New South Wales Government Gazette and also in one or more of the newspapers pub lished in the city of Sydney and shall be binding upon and observed by all parties and shall be sufficient in any Court of law to justify all persons who shall act under the same. |
| Call of extraordinary | 33. | ]je it enactcd | That it shall be lawful for not less than |
| mê eting 0 the com- | shareholders holding in the aggregate two hundred shares by writing under their hands at any time to require the said directors to call an extraordinary meeting of the said company and such requi sition shall fully express the object of the meeting required to be called and shall be left at the office of the said company and forthwith upon the receipt of such requisition the directors shall convene a meeting of the shareholders and if' after fifteen days after such notice the directors shall fail to call such meeting the shareholders aforesaid qualified as aforesaid may call such meeting by giving thirty days |
| ' | public notice thereof in the New South Wales Government Gazette and in one of the newspapers published in the city of Sydney. |
Fifteen days notice
| of all meetings of | 34. And be it enacted That fifteen days notice at the least of all meetings whether general or extraordinary shall he given by advertisement in one of the newspapers published in the city of Sydney which notice shall specify the place day and hour of meeting and every notice of an extraordinary meeting shall specify the pur pose for which such meeting is called. |
| company. | |
| Tolls granted to tlie | |
| company. | 35. And in consideration of the great charges and expenses which the said company must necessarily incur in erecting building completing and sustaining in good repair the said bridge and the road over the same Be it enacted That upon the proper completion thereof within three years from the passing of this Act and provided the same be kept in proper repair by the said company it shall be lawful for the said company their servants agents or tenants during the residue of the term of thirty-three years hereinafter specified for the continuance of this Act to ask demand recover and receive at a toll- bar or gate to be erected on or at the said bridge the tolls to be here after determined by the directors of the said company provided such tolls shall in no case exceed the tolls specified in the third Schedule |
marked
| 1851. | 15*̂ VIC. | 207 |
'Penrith Nepean Bridge Company.
marked C annexed to this Act and no higher tolls shall he charged demanded or received than such as are specified in the said Schedule for each and CÂ ery person animal cart carriage dray wagon and other vehicle Avhich shall pass over such hridg(\
36. And he it enacted That it shall he lawful for the said com- Liberty to erect toii-
pany to erect or cause to he erected a toll-har or gate at upon or near ooiiectors^^^”'*̂
to such part of the said bridge as to the said company shall seem
expedient and to collect and receive the aforesaid tolls thereat or to
nominate and appoint some fit and proper person to attend the said
toll-har or gate to collect and receive the tolls thereat ProAuded that
at the expiration of this Act the said bridge toll-house land premises
and appurtenances shall he and from thenceforth he deemed to he
public property and vested in the Crown accordingly.
37. And be it enacted That toll shall not be demandahle or Exemption oi Go-
taken hy virtue of this Act for any horses or carriages of or belonging J w y ^ °n
to the Governor of the said Colony for tin; time being or to anv person miUtmy police and
in actual attendance upon him or lor or in respect oi any horse beast he roads from pay-
carriage or other vehicle couA^cying any clergyman in the discharge of
his duty or any other person or persons going to or returning from
the proper church chapel or other place of Avorship of the person or
persons riding or driving the same nor for any clcrgAunan or minister or other person or persons going to or returning from his her or their proper place of worship on Sunday Christmas Day or Good Triday nor for or in respect of any horse beast carriage or other vehicle carrying the Post Office mails nor from any of Her Majesty’s officers and soldiers being in proper staff regimental or military uniform dress or undress nor from any policeman or constable carrying his staff of office or in his proper dress in respect of themselves or their horses nor for any carriages or horses belonging to Her Majesty or employed in her service when conveying persons baggage arms or ammunition or returning therefrom nor for any person or persons horse beast carriage or other vehicle employed in the repairs of the public roads or bridges Aidiilst engaged in carrying on such repairs or drawing materials for the same.
38. And be it enacted That it shall and may he lawful for the Toils may be let.
said company to demise and to farm let the tolls demandahle under and by virtue of this Act at or upon the said bridge and the lessee or lessees shall have the same powers of demanding collecting and taking the said tolls as are hereby given to the said company.
| 39. And he it enacted That the said lessee or lessees during such time as the said tolls shall be so leased to them as aforesaid shall | ’ ’ |
| and may nominate and appoint such other person or persons as he she or they may think necessary to collect demand and take the tolls so demised leased and farmed and such person or persons so appointed as aforesaid shall and may use all means and methods for the recovery thereof in case of non-payment or evasion as the said company and such lessee or lessees might or could do under and hy virtue of this Act. |
40. And he it enacted That in case the tolls demandahle at or in c.iso of non-
| person or persons and the lessee or lessees shall neglect or refuse to and occupiers rc- perform the conditions on which the same shall he so let or in case the rent or rents agreed to bc paid hy such lessee or lessees or any Peace, part thereof shall he in arrear for the space of ten days next after the day on Avhich the same ought to he paid or the term for which such lessee or lessees held the same shall in any manner become void or have expired and the lessee or lessees neglect or refuse to delh^er up possession to the said company it shall and may he lawful for any | upon the said bridge shall be demised hy the said company to any !JvoidanL°iossecr of the directors of the said company hy warrant under his hand and |
seal
| 208 | 15° VIC. | 1851. |
Fenritli Nepean Bridge Company,
seal to order a constable or other peace officer with such assistance as may he necessary to enter upon and take possession of the said bridge and the toll-house at or thereon and all appurtenances thereto belonging and to remove and put out such lessee or lessees and the collectors keepers servants or other person or persons who shall he found therein together with his her or their goods from the possession thereof and from the collection of the tolls thereof and the lease contract or agree ment for the same shall tlienceforth cease and be utterly void to all intents and purposes except as to the conditions or agreements con tained therein on the lessee’s part and behalf and which shall or may have been broken and the same tolls and toll-house may be given let or demised to any other person or persons and may in the meantime be collected by the said company their servants or agents in that behalf.
Table of tolls to be
| affixed to toll-house | 41. And be it enacted That the said company are hereby required during the whole time that he or they shall take or continue to be the lessee or lessees of the said tolls to put up or cause to be put up and continued in some conspicuous place at or near the toll- gate or at or upon the toll-house at or on the said bridge a table in distinct legible black letters on a board with a white ground containing at the top thereof the name of the bridge and also a list of the tolls pay able at the said bridge distinguishing severally the amount of tolls and the different sorts of cattle beasts carriages or other vehicles for which they are severally to be paid where there shall be any variation therein and that the said company and the said lessee or lessees during the whole time that he or they shall continue to take or be the lessee or lessees of the said tolls shall place on some conspicuous place near to such board the Christian and surname of the collector or keeper of the said tolls who shall be on duty for the time being and shall continue the same during the whole time such collector or keeper of the said tolls shall be on duty and shall change the same on every change that may take place in such collector or keeper on duty to the names of the collector or keeper that may succeed as often as any such change may take place And if the said company while they shall take the said tolls or their lessee or lessees shall neglect or refuse to put up such table of tolls as aforesaid or to cause the name or names of the said collector or keeper of such toils for the time being to be put up as aforesaid or if the collector or keeper of such tolls be not in attendance at all times by day and by night at the jjlace at which he is stationed or ought to be or shall demand or take a greater toll from any person than he is hereby authorized to do or shall refuse to permit and suffer any person or persons to read or shall in any manner hinder or prevent any person or persons from reading the inscription on the said boards or the name or names so fixed up as aforesaid or shall refuse to tell his Christian and surnames to any person or persons who on paying the said toll shall demand to know the same or any of them or upon the legal toll being tendered or paid shall unnecessarily detain or wilfully obstruct hinder or delay any passenger or passengers from going through the toll-gate at or upon the said bridge then and in each and every such case the said collector or collectors of the said tolls shall forfeit and pay for every such offence any sum not exceeding- forty shillings to be recovered and applied as hereinafter mentioned. |
| together with name | required and the lessee or lessees of the said toils shall and arc hereby |
| of ccflloct(ir. | |
| Persons refusing to | |
| pay maj' be pre | 42. And be it enacted That if any person liable to the payment of any of the said tolls under this Act shall after demand neglect or refuse to pay the same or any part thereof it shall be lawful for the person having right or authority at the time to collect the same to prevent such j>erson or persons from passing through the said toll- gate and to shut close and fasten the same and to keep and continue the same closed and fastened imtil the said toll be paid. |
| vented passing. |
| 1851, | 15̂ VIO. | 209 |
Fenritli Nepean Bridye Company.
43. And be it enacted That all cattle horses sheep and otlicr Cattle horses or
beasts for which toll is demandahle and jiayahlc under this Act shall by°k?’sscê or
he counted by the lessee or collector of tolls or keeper of the said "ate ijeC’re passing,
under this Act heforc such cattle horses sheep or other heasts shall
pass over the said bridge.
44. And he il, enacted That if any person or persons shall resist Pcnait}' on passing or make forcible opposition against or sliall assault any person or
| persons having right or authority to collect the said toll in the exi'cu- | ' ” |
| tion of their duty or shall pass through tlu' toll-gate at or upon the said liridge or shall drive or cause to he driven any cattle horse sheep or other beast for Avhich toll shall he payabh' through the said toll-gate without paying the h'gal toll to which In* or they is or are liable every such person shall foi- every such offence forfeit and pay a sum not exceeding five pounds to be recovered and applied as hereinafter mentioned. |
45. And be it enacted That if any lessee or collector of tolls u' lessee or collector
under this Act or any keeper of a gate on the said bridge shall upon pasTengerŝ orir
the legal toll being tendered or paid unnect'ssarily or for any unreason- insolent to be lined,
able time detain or Avilfully obstruct hinder or delay any passeugtn* or
jiassengers or his or their horses beasts carriages carts and other
vehicles from passing over the said biadge or if any such lessee or
collector of tolls or keeper of any gate on the said bridge shall make
use of any uncivil scurrilous threatening or almsivt' language or
behaviour to any traveller or passenger* travellers or passengers over
the said bridge then and in t'ach and ('very such case the said lessee or
collector of tolls or ket'petr of a gate on the said bridge shall forfeit and
pay for every such offence any sum not exceeding five pounds to hi*
recovered and applied as hereinafter directed.
46. And he it enacted That if anv person or persons shall Persons destroying
injury to the said bridge with intent and so as thereby to rtmder such felony.
bridge or any part thert^of dangerous or impassable every such offender
shall be deemed guilty of felony and being convicted thereof in any
unlawfully and maliciously pull down or in any way destroy or do any i” aeemelf guUtrot’ on the roads or other public works of the Colony for sucli term as tlie said Court shall think fit.
47. And be it enacted That if any person or persons whosoever Penalty for injuring
sliall Avilfully or maliciously injure pull or cut down pluck uji throw "!̂ te\̂ irany
down hreak level or otherwise damage demolish or destroy any toll-he said biuige.
gate chain post rail har wall or other fence or fences lamp or lamps
belonging to the toll-gate at or upon the said bridge or table of tolls
put up thereat or any part of the said bridge then and in each and every
such case the person so offending shall forfeit and pay for evc'ry such
offence a sum not exceeding ten pounds over and above tlu' damage
occasioned thereby to be recovered and applied as hereinafter men
tioned.
| 48. And he it enacted That it shall he lawful for any one or more Justice or Justici's of the Peace to hear and determine; in a summary way all offences committed against the tnu' intent and meaning of this Act (except in cases of fi'lony hereiubefore mentioned) and for that purpose to summon before him or them any party or parties accused of b('ing an offender or offenders against the same and in case the party accused shall not appear on such summons or offer reasonable excuse for his default then and in every such case any .such Justice or Justices is or are hereby authorized and required to proceed to make inquiry touching the matters complained of and to examine any witness or witnesses who shall he offi'red on either side on oath which oath every such Justice is herehy authorized to administer and after hearing the parties who shall appear and the witnesses offered on | of tiio Peace |
| 2 D | either |
| 210 | VIC. | 1851. |
Fenrith Nepean Bridge Company.
either side such Justice or Justices shall convict or acquit the party or parties accused and if the penalty or money forfeited or directed to ho paid in any conviction be not duly paid forthwith then every such J ustice or J ustices shall on tlie non-payment of the penalty or sum of money directed to be paid and the charges thereon by warrant under his or their hand and seal or hands and seals commit every such offender or offenders to some one of tlu ̂ common gaols of the said Colony for any period not exceeding three months Provided always that no person or persons shall he convicted of any offence or offences eontrary to the provisions of this Act in a summary way as aforesaid after the expiration of three months from the time when any such offence or offences shall have been committed.
| Application of | 49, And bc it enacted That one moiety of all penalties or sums of money recovered under this Act shall be paid to tlie informer and the other moiety to Her Majesty Her Heirs and Successors for the public uses of the Colony and for the support of the Government thereof. |
| penalties recovered. |
Conviction not to be 5Q. And 1)0 it eiiactcd That no summary conviction under this
form or removable by Act sliali be quashed loi* Want OI lorm or be removed or removable by
| certiorari. | ’ | writ of certiorari or otherwise into the Supreme Court and no warrant or commitment shall he held void hy reason of any defect therein pro vided that it he therein alleged that the party has been convicted and that there he a good and valid conviction to sustain the same. |
| Half-yearly | 61. And he it enacted That the directors of the said company shall at each of the half-yearly general meetings make dividends of the surplus tolls and profits arising to the said company after deduct ing therefrom the costs charges and expenses of the said company as well as of the repairs of the said bridge toll-gate or toll-house belong ing to them as for the salaries and allowances of the several officers and agents and for such other purposes connected with the said com pany as may he deemed proper by the said directors consistent with the by-laws rules and regulations of the said company, |
| to be made. | |
| Receipts of guardians | |
| of minors &c. to be | 52. And he it enacted That if any money be payable from the said company to any shareholder or other person being a minor idiot or lunatic the receipt of the guardian of such minor or the receipt of the committee of such idiot or lunatic shall be a sufficient discharge to the said company. |
| good disohai-ges. | |
| Portion of profits | |
| may be reserved | 53. And be it enacted That before apportioning the profits to fit set aside therefrom such sum as they may think proper to meet contingencies or for improving or repairing the said bridge toll-gate or anything connected therewith and may divide the balance only among the shareholders. |
| before declaring | he divided among the shareholders the said directors may if they think |
| dividends. | |
| No dividend to be | |
| paid on siiares in | 54. And be it enacted That no dividend shall be paid in respect of any share imtil all calls then due in respect of such and every other share held hy the person to whom such dividend may be payable shall |
| arrear. | |
| Execution against | have been paid. |
dividends of profits
55. And he it enacted That if any execution either at law or in equity shall have been issued against the property or effects of the said company and if there cannot he found sufficient whereon to levy such execution then such execution may he issued against any of the share holders to the extent of their shares respectively in the capital of the company not then paid up Provided always that no such execution shall issue against any shareholder except upon the order of any Court in which the action suit or other proceeding shall have been brought or instituted made upon motion in open Court after sufficient notice in writing to the persons sought to he charged and upon such motion such Court may order execution to issue accordingly and for tlie purpose of ascertaining the names of the shareholders and the amount
_
sbareliolders to the
extent of their
unpaid sliares.
of
| 1851. | 15*̂ VIC. | 211 |
Penrith Nepean Bridge Company.
of capital remaining to be paid up on their respective sliares it shall be lawful to any person entitled to any su(!h execution at all r('asonabl(! times to inspect the register of sharehohhu’s required to be kept in the office of the said company as aforesaid without fee Provided furthc'r siiarchoidcrs net
that nothiug lierein contained shall extend to charge or make lialile 1̂“ onn'rortû^̂^̂^
any shareholder of the said company or his real or personal estate mipaia siiarcs.
with or for any debt or demand whatever due or to bc êomc due from
or by tbe said company or in anywise relating to the said undertaking
for any of the matters or things authorized iu this Act to be made
done or completed beyond the extent of his shares in the capital of the
said company not then paid up any law custom or usage to tin; contrary
tliercof in anywise notwithstanding.
50. And be it enacted That if by means of any such execution shareiioidors to to
any shareholder shall have paid any sum of mouey lieyond the amount
then due from him in respect of calls he shall forthwith be reimburst'd due.
such additional sum by tlu; directors out of tlie funds of the company.
57. And be it enacted That it shall be lawful for the said I’owcv to raise a
company by order oi any general niecting oi tlie said company to £9,000.
raise any further sum or sums of money not exceeding altogether nine
thousand pounds in addition to the said capital of six thousand pounds
for erecting building completing and maintaining tlie liridgo toll-gate
and toll-house hereby autborized and the said company are hereby
authorized and empowered to raise any such further sum or sums by
contribution amongst themselves or by the admission of other persons
as subscribers to the said company and by issuing new shares of five
pounds each to such contributors or subscribers but so that each such
contributor or subscriber shall not pay a less price than five })ounds
for each new share and that all such new shares shall bc and bc deemed
| personal estate and be transmissible accordingly and every person who | . |
| shall contribute and ])ay up on or in respect of such new shares or who may become entivlcd thereto and their several and respective successors executors administrators and assigns shall be and are hereby declared to bc owners or propriidors of shares in the said company and shall hccome united to and incorporated Avith the said company. |
5S. And be it enacted That all the money to bc raised by the Application of
said company by A'irtue of tins Act shall be laid out and applied in the™“““̂ to be uused.
lirst place for and towards the payment distdiarge and satisfaction of
all costs charges and expenses incurred in applying for obtaining and
passing this Act and of all other expenses preparatory or relating
thereto and all the residue and remainder of such money shall be
applied iu and towards the erecting building completing and maintain
ing the said bridge toll-gate and house at near or on the same and
other the purposes of this Act.
51). And bc it enacted That the chairman of the said company Names of propnctois
shall within thirty days from and after the first day of -lanuary in each and every year or as soon thereafter as may be practicable cause a true and correct list of the names of all the persons aa I io shall bc then existing proprietors or sbareholdc'rs of the said company with their respective places of abode and descriptions verified by a declaration to be made by such chairman in pursuance of the Act of the Governor and Legislative Council 1) Victoria Jao. 1) to be recorded in tbe office of the liegistrar General of the said Colony and the same shall be open for inspection at all reasonable times by any person requiring the same on the payment of a fee of one; shilling for each such inspection and if any I’enaity for nogicct.
such chairman shall omit or neglect to cause such list to bc recorded in manner aforesaid or shall Avilfully falsify any such list In; shall be subject and liabh; to a penalty of fifty pounds to be recovered by an action of debt in the Su])remc Court or any other Court of competent jurisdiction of tlu*. said Colony or its dependencies by any person wbo
shall
| 2 1 2 | 15’ VIC. | 1851. |
Tcnrith Nepean Bridge Company.
shall sue for the same Provided that such action be commenced within two years from the time tlie offence shall be alleged to have been committed.
arTrocorded̂ ô’blT'’’* ciiacted That cvciy person whose name shall he
deemed proprietors. SO recorded as aforesaid shall he thereby considered taken and held
prima facie to be a proprietor or shareholder of the said company and shall he liable as such until a new list of the names of the proprietors or shareholders of the said company shall he recorded as aforesaid or until he shall have retired from and given notice in the New South TVales Government Gazette of his retirement from the said company Provided however that nothing herein contained shall bc dt^cmed to absolve any person from liability on account of any debts incurred by the said company during the time such person remained a proprietor or member of the same or to render any individual proprietor or member of the said company liable for any debts incurred by the said company except so far as he may be liable under the provisions of this Act.
The Government to
| have tljc right of | 61. And be it enacted That it shall be lawful for the Governor |
purchasing theof the said Territory for the time being with the advice of the Executive
tenancerat a fixcir' Council thei’cof at any time after the expiration of seven years from price. the completion of the said bridge to purchase the same with all its
appurtenances in the name and oji the behalf of Her Majesty or Her Successors upon giving to the said company three calendar montlis notice in writing of the intention so to do and upon payment to the said company of a sum equal to the whole sum expended in erecting and completing the said bridge and its appurtenances together Avith a
rioviso that a premium thereon of ten per cent. ProA'ided ahvavs that the said com- tlie costs of the bridge pany sliall Avitliin one calendar month after the completion of the said of the Coira*iai bridge file in the office of the Colonial Secretary of the said Colony a
| Secretary. | truc and faithful account in detail of all costs and expenses occasioned by and incident to the erection of the said bridge and verified hy the declaration of the chairman of the said company and that the amount of such costs and expenses shall be the sum upon Avhich the said |
| Company may sell at premium shall bc estimated | Provided also that at any time during |
| tenn̂ ’of twrtŷ ^̂ | tlic contiiiuaiice of the said term of thirty-three years if it be considered |
| years. | expedient and a general meeting of the said company shall have authorized the same it shall be laAvful for the said company to sell and dispose of the said bridge and its appurtenances and to assign the interest of the said company in the same to Her Majesty and Her Successors upon such other terms as may in such case be agreed upon betAveen the said company and the Governor of the said Colony for the time being and that upon the completion of such sale the right of the said company to demand and take tolls and their liability to keep and maintain the said bridge in repair under this Act shall cease and determine. |
| Power to dis.3oive | 62. And be it enacted That at any time after the expiration ®f tliii’ty-three years from the passing of this Act it shall be laAvful for the Governor for the time being of the said Colony with the advice of the Executive Council thereof by advertisement in the Government Gazette of the said Colony to dissolve and determine the said corpo ration and thereupon the said corporation of the Penrith Nepean Bridge Company shall ipso facto be dissolved and cease. |
| thfrty-Xce*y | |
| Duration of Act. | 63. And be it enacted That this Act shall continue and be in force thirty-three years Provided that unless the said bridge shall be properly built and perfected Avithin three years after the passing of this Act this Act shall thereupon cease to be in force and the said company bc ipso facto dissolved. |
| Righ^ of the Crown | 0 4 . And bc it onactcd That nothing in this Act contained shall |
| ® | • | |)e deemed to affect or apply to any right title or interest of Her |
Majesty
| 1851. | 15 ̂VIC. | 213 |
Fenrith Nepean Bridge Company,
Majesty Her Heirs and Successors or of any body or bodies politic or corporate or of any other person or persons excepting such as arc mentioned herein or of those claiming by or under him or them.
()5. And be it enacted That this Act shall be deemed and taken TiusActtobedeemed
to be a public Act and shall be judicially taken notice of as such by “
all Judges Justices and others without being specially pleaded.
SCHEDULE A.
I'OJl.M OF CERTIFICATE OF SHARE.
P enritu N epean Reidge Companv.
| T lii.s is to errtify that A. R. of | i.s tho propriotor of the | share (or share,'.) |
| numbered | of the Penrith Nepean Bridge Company subject to the rcgulations |
| of the said company | Given under the common .seal of the company the | <lay of |
| in the year of our Lord one tliousand eight hundred and | . |
SCHEDULE E.
WOODRIFF’S LAND,
Al/li that parcel of land situated on the bank of the Nepean River in the borough of Penrith and county of Cumberland bounded on the east by the roadway of the Western Road on the north and south by westerly continuations of the north and south boundaries of the Western Road and on the west by the Nepean River and comprising by admeasurement perches more or less.
SCHEDULE C.
TABLE OF TOLLS.
s. d.
| For every person crossing tho bridge in any manner | ... | . | 0 1 |
| „ | horse marc gelding ass or mule drawing or not drawing | 0 | 4 |
| 0 t) | |||
| „ | o.x or head of neat cattle drawing |
| „ | ,, | in a drove | 0 | 1 |
| „ | sheep lamb pig or goat | ... | ... | 0 n |
| „ | carriage on .springs with two wheels | . | u 6 |
| „ | carriage on springs with four wheels | . | 1 0 |
| , , | vehiel(! with two wheels without spring.s | 0 4 | |
| „ | vehicle with four wheels without .springs | u 8 |
No double toll to bc charged on Sunday nor shall the above tolls bc dcmandablc more
than once a day.
An
0
0
0