Pyrmont Bridge Company Act 1855 No pbc (NSW)
An Act to incorporate " The Pyrmont Bridge
Company" and for other purposes therein
mentioned. [15th December, 1855.]
WH E R E A S a jo in t stock company called C o m p a n y " has been lately established at Sydney in t h e Colony of N e w South Wales unde r and subject to t he rules regula t ions and provisions conta ined in a cer tain deed of se t t lement bear ing date t h e second day of J u l y in the year of our Lord one thousand e ight h u n d r e d and fifty-five p u r p o r t i n g to be a deed of se t t lement of t h e
said company A n d whereas by the said deed of se t t lement t h e several par t ies the re to have respectively and m u t u a l l y covenanted and agreed t h a t they and such other persons as should become propr ie tors of shares in t h e said company as there in provided should become a company u n d e r t h e n a m e of " The P y r m o n t Br idge C o m p a n y " for cons t ruc t ing
and ma in t a in ing a br idge across Dar l i ng H a r b o u r in P o r t J a c k s o n in
t h e said Colony from t h e M a r k e t W h a r f in t he city of Sydney to Union-s t ree t P y r m o n t in t he said ci ty capable of a d m i t t i n g vessels of all classes whe the r naviga ted by steam or otherwise to pass and repass t h r o u g h the same A n d for m a k i n g and ma in t a in ing a br idge or
viaduct across Blackwat t le Swamp in t he said ha rbour from P y r m o n t to t h e Glebe A n d all necessary roads and approaches to such bridges and viaducts and for t he connect ion thereof wi th the said br idge from Marke t - s t r ee t to Union-s t ree t aforesaid A n d for connect ing such
br idge wi th t h e P a r r a m a t t a and Ba lmain Roads respectively at some
convenient points and wi th t h e t e rminus of t h e Sydney Ra i lway on
B a r l i n g H a r b o u r A n d for t he erect ion of offices workshops cranes weighing and other machines s team-engines appl iances and conve niences necessary for t he const ruct ion a n d purposes of such br idges w h e n cons t ruc ted or any of t h e m A n d for t he purchase and h i re of one or more t u g s or vessels to be employed in connect ion wi th t h e said br idge from Marke t - s t r ee t to Union-s t ree t aforesaid and otherwise in and about t h e said ha rbour A n d for t h e acquis i t ion of profits t o be derived from tolls to be t aken at such br idges and roads or any of t h e m A n d it was by t h e said deed of se t t lement agreed t h a t t he capi tal of t he said company should consist of fifty t housand pounds divided in to t en thousand shares of five pounds each or so m u c h thereof as m i g h t from t ime to t ime be necessary a n d of such fur ther sum or sums no t exceeding t h e sum of one h u n d r e d thousand pounds as m i g h t there after be raised by the creat ion a l lo tment and sale of new shares as there in provided A n d whereas by the said deed of se t t lement provision has been made for the due m a n a g e m e n t of t he affairs of t he company by
" The P y r m o n t Br idge
by directors to be from t ime to t ime elected and appointed by t h e shareholders of t h e said company A n d whereas t he said company is desirous of be ing incorpora ted and i t is expedient t h a t t he said com p a n y should be incorporated accordingly subject to t he provisions hereinaf ter contained 13c it therefore enacted by H i s Excel lency the Governor of N e w South Wales w i th the advice and consent of t h e Legislat ive Council thereof as follows—
1. Such and so many persons as have a l ready become or at any t ime or t imes hereafter shall or may in t he m a n n e r provided by and subject to t h e ru les regula t ions and provisions conta ined in t h e said deed of se t t lement become proprie tors of shares of or in t h e capi tal for t h e t ime be ing of t he said company shall (subject nevertheless to t he condit ions regula t ions and provisions hereinafter contained) be one body poli t ic and corporate in n a m e a n d in deed by the n a m e of " The P y r m o n t Br idge Company" and by tha t n a m e shall and may sue and be sued by any persons whe the r members of t he said corporat ion or not and shal l and may implead and bo impleaded in all Courts whatsoever a t law or in equi ty and may prefer lay and prosecute any ind ic tment informat ion and prosecut ion against any person whomsoever for any steal ing embezzlement fraud forgery or other c r ime or offence and in all i nd ic tmen t s informations and prosecut ions i t shall be lawful to s ta te t he money goods effects bills notes securities or other p roper ty of t h e said company to be the money goods effects bills notes securit ies or o ther p roper ty of t he said corporat ion and to designate t he said com pany by i ts corporate n a m e whenever for t he purpose of any al legat ion of an in ten t to defraud or otherwise howsoever such designation shall be necessary and the said corporat ion shall have pe rpe tua l succession and a common seal and the said common seal m a y be al tered varied and changed from t ime to t ime a t t h e pleasure of t he said corporat ion.
2. The several laws rules regula t ions clauses and agreements contained in t h e said deed of se t t lement or to be made unde r or by v i r tue or in pu r suance thereof shall be deemed and considered to be and shall be t he by-laws for the t ime being of t he said corporat ion save and except in so far as any of t h e m arc or shall or m a y be a l tered varied or repealed by or are or shall or may be inconsis tent or incom pat ible w i th or r e p u g n a n t to any of t h e provisions of th i s A c t or of any of t h e laws or s ta tu tes now or hereafter to be in force in t h e said Colony b u t no ru le or by-law shall on any account or p re tence whatsoever be m a d e by t h e said corporat ion e i ther unde r or by v i r tue of t he said deed of se t t lement or of th i s Act in opposit ion to t he genera l scope
| or t r u e in t en t a n d mean ing of th i s A c t or of any of t h e laws or | s ta tu tes |
in force for t h e t ime be ing in t he said Colony Provided t h a t a t r u e copy of t h e said deed of se t t lement and of any by-laws to be made by v i r tue or in pu r suance thereof a t tes ted by th ree of t he directors of the company shal l be registered at t h e office for t he regis t ra t ion of deeds in t h e Supreme Cour t of t he said Colony before t h e same shall be of any val idi ty whatever as t h e by-haws of t h e said corporat ion.
3. I t shall be lawful for t he said corporat ion from t ime to t ime
| to ex tend i ts capi tal by the creat ion a l lo tment a n d disposal of | new |
| shares in t h e m a n n e r set for th and subject to t h e rules regula t ions | and |
| provisions contained in t he said deed of se t t lement . |
4. The capi tal or jo in t stock and all t he funds and proper ty of t he said corporat ion and the several shares therein and the profits and advantages to be derived therefrom shall be and be deemed personal estate and be t ransferable and t ransmiss ible accordingly subject to the
| regula t ions of t h e said deed of | se t t lement . |
5. The corpora t ion shall no t be bound in any m a n n e r by any
t rus t s or equi table interests or demands affecting any shares of t he capital s tanding in the n a m e of any person as t h e ostensible propr ie tor
thereof
thereof or be requi red to t ake any not ice of such t rus t s or equi table in teres ts or demands b u t t h e receipt of t he person in whose n a m e t h e shares shall s tand in t he books of t h e corporat ion shall no twi ths tand ing such t rus t s or equi table in teres ts or demands and not ice thereof to t h e said corporat ion be a good valid and conclusive discharge to t he corpo ra t ion for or in respect of any dividend or o ther money payable by the said corporat ion in respect of such shares in accordance wi th t he regu lat ions in t h a t behalf contained in t he said deed of se t t lement and a t ransfer of t h e said shares as directed by the said deed by t h e person in whose name such shares shall so s tand shall no twi th s t and ing as afore said be b ind ing and conclusive as far as may concern t h e said corpo rat ion against all persons c la iming by v i r tue of such t rus t s or equitable interests or demands Provided always t ha t no th ing there in contained shall be deemed or t aken to interfere wi th or abr idge the r igh t and power of a Court of Equ i ty to res t ra in t he paymen t of any such dividend or o ther money payable thereafter by t he corporat ion in respect of any such shares or the transfer thereafter of any such shares or to direct t he p a y m e n t of such dividends or o ther money by t h e corporat ion or t he t ransfer of such shares by t h e person in whose n a m e they may s tand to such other person as such Cour t may th ink (it.
G. I t shall be lawful for t he said corporat ion and they are hereby author ized and empowered to m a k e and construct a good and substant ia l br idge of not less t h a n th i r ty feet in width across Dar l ing H a r b o u r from the M a r k e t W h a r f to or nea r to Union-s t ree t aforesaid wi th all necessary piers landing-places bui ld ings engines works and conveniences and upon t h e complet ion of t h e said br idge wi th roads and approaches there to to receive and t ake t he tolls for t h e use thereof hereinafter specified and author ized to be t aken and from and after such complet ion as aforesaid to m a k e and con t inue a road from such bridge t h r o u g h the Ul t imo Es t a t e to Blackwat t le Bay aforesaid and to erect a good and substant ia l br idge or v iaduct across t he same to the Glebe and to m a k e and cont inue a road from the said br idge or viaduct to t h e Glebe R o a d at one or more points and from the Glebe Road aforesaid to the P a r r a m a t t a Road a t or near to Camperdown and to the Ba lmain R o a d a t Le ichard t Town and also to m a k e a b ranch road from
the P y r m o n t end of t he said br idge across Dar l i ng H a r b o u r to the
t e r m i n u s of t he Sydney Rai l road Provided t h a t before any such br idge or viaduct shall be commenced to be bui l t a p lan and specifica t ion thereof shall be laid before and approved by the Governor and Execut ive Council and provided fur ther t ha t no br idge or viaduct erected by the said corporat ion shall be so const ructed as to obs t ruct the navigat ion of Dar l ing H a r b o u r aforesaid. 7. Before commenc ing any such br idges roads and works as aforesaid by th is Act author ized to be m a d e the said corporat ion shall by some qualified engineer to be by t h e m appointed cause to be m a d e a proper survey or surveys over or t h r o u g h which it is proposed t h e same should be cons t ruc ted with a m a p describing the houses bui ldings g rounds and premises requi red to be used or t a k e n for t he purposes aforesaid toge ther wi th a book of reference in which shall be entered the names of t he owner or proprie tor (if known) of each and every por t ion of t he said sites and lands on or t h r o u g h which it is proposed to cons t ruc t t h e said bridges roads and works and the n a t u r e and qual i ty t he state of cul t ivat ion t he inclosures (if any) and the quan t i ty of such land which shall or m a y be required for such bridges roads and works respectively.
8. I t shall be lawful for t he said corporat ion the i r directors surveyors engineers agents and workmen and all o ther persons by t h e m author ized and they are hereby empowered to en te r in to and upon all or any lands of any person a t or near the site of t he intended
works
works a n d to survey and t ake levels of same or of any p a r t thereof and to s take or otherwise ascer ta in and set out t he l ines and superficial areas of t he proposed works and roads in a n d over t h e said lands or such pa r t s thereof as m a y he necessary for the laying out m a k i n g cons t ruc t ing and t h e convenient operat ion of works roads mat te r s and conveniences as are hereby authorized to he made and also to t ake all such steps as shall be found necessary to ascer ta in t he n a t u r e of t h e soil and subs t ra ta of such lands or any pa r t thereof for all or any of t h e purposes aforesaid t he said corporat ion their agents and w o r k m e n doing as l i t t le damage as m a y he in t he execut ion of such survey and if r equ i red so to do m a k i n g full satisfaction in m a n n e r hereinafter men t ioned to all persons interested in any lands which shall be injured by such survey or by any steps which m a y be t aken to ascer tain t h e n a t u r e of t h e soil or the subs t ra ta of such lands as aforesaid and th is A c t shall be sufficient to indemnify t he said corporat ion and all other persons for w h a t they or any of t h e m shall do by v i r tue of the powers hereby g ran ted in t he execut ion of such survey and examinat ion as aforesaid.
9. Al l maps plans and books of reference re la t ing to such survey or surveys as aforesaid shall for t h i r ty days before t h e commencement of t he format ion of any such br idges works and roads as arc hereby author ized to be made or any pa r t thereof be kep t in t h e office of t he said corporat ion a t Sydney and all persons shall and may have free l iberty and permission to view and examine the same a t all convenient
| t imes after t h e publ icat ion of t h e notice hereinafter | ment ioned . |
10. W h e n and so often as t he said corporat ion shall have deter mined upon m a k i n g any br idges works and roads as aforesaid t he said corporat ion shall by adver t isement in t h e New South Wales Govern
ment Gazette a n d in one or more of t he Sydney newspapers a t least
t h i r t y days before t h e commencement of t he formation of any such bridges works and roads respectively give notice t h a t they in tend to m a k e t h e same or such pa r t thereof as t he said corporat ion may t h i n k fit in accordance wi th the said survey and the m a p or p lan and book of reference.
1 1 . A copy of t he m a p or p lan and book of reference re la t ing
to every such survey or surveys shall t h i r t y days before t he commence m e n t of t h e formation of any such bridges works and roads as are hereby author ized be t r ansmi t t ed to t he Colonial Secretary and shall be by h i m laid before t h e Governor and his Execu t ive Council .
| 12. I t shall be lawful for t he company by the i r directors agents officers surveyors and w o r k m e n and all o ther persons by t h e m au tho |
rized to t ake and appropr ia te to t he use of the said company and for t h e purposes of th is A c t such of t h e lands so as aforesaid s taked or otherwise ascertained or set out and shewn in t h e said m a p or p lan and book of reference as t hey shall t h i n k necessary for t he m a k i n g and cons t ruc t ing and t h e convenient operation and use of t he said br idges works and roads hereby author ized to be made and const ructed wi thout any previous agreement w i th t he owner or occupier of t he said lands t he said company the i r agents and w o r k m e n doing as l i t t le damage as m a y be in t he execut ion of t h e powers hereby gran ted A n d the said company if requi red to do so m a k i n g full compensat ion in m a n n e r hereinafter ment ioned to all persons in teres ted in any lands which shall be t aken used or in jured for all damages to be by t h e m sustained in or by t he execut ion of t h e power hereby granted.
13 . W h e n the corporat ion shall have finally de termined on the appropr ia t ion for t h e purposes of th i s Ac t of such l and as shall have been so shewn in t he said m a p or p lan and book of reference subject to such modifications as shall have been requi red by t h e said Governor and Execu t ive Council t he said corporat ion shall by adver t isement in
3 N the
t h e Government Gazette a n d in one or more of t he Sydney newspapers give not ice t h a t such appropr ia t ion has been so de termined upon in accordance wi th t h e said m a p or p lan or book of reference subject to such a l tera t ions as shall have been m a d e there in upon such final de te rmina t ion and the said m a p or p l an and book of reference and a n amended m a p or p lan or book of reference if any a l tera t ion shall have been m a d e the re in shall be kep t in t h e office of t he said corporat ion at Sydney and all persons shall have free l iber ty to view and examine the same a t all convenient t imes after t h e publ icat ion of the last ment ioned adver t i sement and such last ment ioned adver t isement shal l be deemed an act of final appropr ia t ion of t he lands de termined to be t aken .
14. W h e n any lands which t h e company are by th is Ac t
author ized to t a k e wi thou t t he previous consent of t he owner or occupier shall have been set out t a k e n and appropr ia ted for t h e purposes here in men t ioned such lands and the fee simple a n d inher i tance thereof and all t h e estate use t ru s t and in teres t of all persons there in shall thenceforth be vested in and become the sole proper ty of t h e said company for t he purposes of th is A c t for ever and i t shall n o t be necessary to obta in a conveyance from the owners or persons in teres ted in such lands to t he said corporat ion.
15 . The owners and all persons in teres ted in any lands t a k e n appropr ia ted used or prejudiced by the corporat ion the i r officers agents or workmen u n d e r any of t h e provisions here in contained and all per sons who shall have susta ined any loss or damage wha tever in or by t he execut ion of th is A c t shall be ent i t led to reasonable compensa t ion
for t h e loss or in jury sustained by t h e m and such compensat ion shal l
be ascer ta ined assessed and awarded as hereinafter ment ioned P r o vided t h a t such compensat ion shall be c la imed wi th in t h e per iod of
two years from t h e da te of t he adver t i sement hereinbefore r equ i red of
t he in ten t ion of t h e corporat ion to m a k e such pa r t of t he said works
hereby author ized as shal l have occasioned t h e t a k i n g and appropr ia t ion of t he lands in which t h e c la imant was in teres ted.
16. A n d in case t h e corporat ion and c la imant shall no t agree
as to t he s u m to be paid for such compensat ion as aforesaid the a m o u n t to be paid shall be de te rmined in t h e Sup reme Cour t by an action for damages to be b rough t by t he c la imant agains t t he corporat ion or upon an issued agreed to by the c la imant and corporat ion respectively provided t h a t in all cases in which a n act ion shall be b r o u g h t in t h e Supreme Cour t in respect of any claim for such compensat ion as afore
said it shall be lawful for t h e corporat ion to plead any tender which they m a y have m a d e in ba r of such act ion on pay ing in to Cour t in t h e
usua l way according to t h e prac t ice of t h e Cour t t h e a m o u n t of m o n e y
tendered or to pay in to Cour t such s u m of money as t h e corporat ion shall t h i n k fit and to plead such p a y m e n t in ba r of t h e fu r ther ma in tenance of such act ion and whichever p a r t y shall succeed in such act ion or upon such issue as aforesaid shal l be ent i t led to costs to be awarded and recovered according to the prac t ice of t he Cour t .
17. I n es t imat ing t h e purchase money or compensat ion to be
paid by t h e corporat ion in any of t h e cases aforesaid regard shall be h a d by t h e j u r y no t only to t h e value of t he land to be purchased or t a k e n by t h e corporat ion b u t also to t h e damage (if any) to be sustained b y the owner of t h e lands by reason of t h e severing of t he l ands t a k e n from t h e o ther lands of such owner or otherwise injuriously affecting such o ther lands by the exercise of t h e powers of th i s A c t and they shall assess t h e same according to wha t t hey shall find to have been t h e value of such lands estate or interest at t h e t ime notice was given of such lands be ing requi red for t h e br idges roads and o ther works and the said j u r y in assessing such compensat ion a re author ized and
empowered
empowered and shall t ake in to considerat ion t he enhancement in value of t h e adjoining land belonging to t he pa r ty to w h o m compensat ion is to be m a d e by the increased facilities of access or otherwise by reason of t h e m a k i n g of such bridges roads and other works in reduct ion of such compensat ion.
18. "Where such inqui ry shall re la te to t he value of lands t aken and appropr ia ted by the corporat ion and also to compensat ion claimed for injury done or to be done to t h e lands held the rewi th the j u r y shall deliver the i r verdict separately for t h e sum of money to be paid for t h e t ak ing of t h e lands requi red for t he works or of any in teres t the re in be longing to t h e pa r ty w i th w h o m the quest ion of d isputed compensat ion shall have arisen and for t h e sum of money to be paid by way of compensation for t h e damage (if any) to be sustained by t h e owner or occupier of t h e lands by reason of any act m a t t e r or t h i n g otherwise injuriously affecting such lands by t h e exercise of t he powers of th is Act .
19. I t shall be lawful for t he said corporat ion to purchase and hold a n d for any person to convey to t he said corporat ion any lands o ther t h a n the lands hereby author ized to be t aken wi thout t h e previous consent of t h e owner or occupier which m a y be convenient ly a n d advantageously used in connect ion wi th t h e said landing-places piers br idges a n d other works or otherwise in carrying out the purposes and objects of th i s Ac t .
20. Before i t shall be lawful to p u t in force any of t he powers hereinbefore conferred in relat ion to t h e purchase of lands otherwise t h a n by agreement for the objects and purposes of t he said bridges works and road not less t h a n four thousand shares shall have been actual ly subscribed for and the s u m of t en thousand pounds paid u p .
2 1 . A certificate unde r t h e hands of two Jus t i ces of t he Peace
in P e t t y Sessions certifying t h a t t he prescribed n u m b e r of shares have been t aken and the requi red sum been paid u p shall be sufficient evidence thereof and on the appl icat ion of t h e said corporat ion and t h e product ion of such evidence as t he Jus t i ces shall t h i n k proper and sufficient such Jus t i ces shall g ran t such certificate accordingly.
22. A t any t ime after t he pass ing of this A c t t h e said corpora
t ion shall absolutely sell and dispose of all superfluous lands purchased and t aken by t h e m as aforesaid and apply t he purchase money ar is ing from such sales to t h e purposes of th i s Ac t or as provided by t h e deed
| of se t t lement of t h e said | corporat ion. |
23. I t shall be lawful for t h e said corporat ion from t ime to
| t ime and at all t imes hereafter to ask demand t ake recover and receive | to and for t he use and benefit of t h e said corporat ion all such tolls |
| a n d ra tes as m a y be established from t ime to t ime by the said corpora t ion no t exceeding the tolls or ra tes specified in t he Schedule annexed to th i s A c t unless t h e increase shall have been previously approved by t h e Governor Genera l and Execut ive Council to be payable by and in respect of passengers vehicles cat t le sheep horses and live stock crossing t h e said br idges or any of t h e m and also to t ake wharfage; or o ther ra tes or r emunera t ion from vessels us ing any piers landing-places wharfs or places to be const ructed by the corporat ion u n d e r the pro visions of th i s A c t Provided t h a t t h e corporat ion shall a t all t imes pro vide s team vessels or s team t u g s of sufficient power or such other conveniences as shal l be approved by the Governor General and Execu t ive Council to warp or tow in to and out of t h a t p a r t of Dar l ing H a r b o u r which lies t o t he south of t he said in tended bridge vessels of all classes resor t ing the re to free of all costs to any such vessel and shal l enter in to such bond or other securi ty for the due regular and p u n c t u a l performance of such service as t he said Governor General a n d his Execu t ive Council shall require . |
24. The to ta l a m o u n t of debts engagements and liabilities of t h e said corporat ion shall no t in any case exceed the a m o u n t of capi tal stock subscribed and ac tual ly paid u p .
25. N o toll shall be demandable or t aken by v i r tue of th is A c t for or in respect of any horses or carriages of or be longing to t he Governor of t h e said Colony for t he t ime being or to any person in ac tua l a t t endance upon h i m or for or in respect of t he horses beasts car ts carr iages and other vehicles of and belonging to t h e Government and employed a t t he t ime of pass ing t h e tol l-bar or bars tol l -gate or gates a t or upon the said bridges in t h e Government service or for or in respect of any horse beast carr iage or other vehicle conveying any c le rgyman in t h e discharge of his du ty or for or in respect of any horse beas t carr iage or o ther vehicle car ry ing the Pos t Office mai ls nor shall any toll be demandable or t a k e n by v i r tue of th i s A c t from any of H e r Majesty 's officers and soldiers be ing in p roper staff or reg imenta l or mi l i ta ry uniform dress or undress in respect of themselves or the i r horses nor shall toll be demandable or t aken by v i r tue of th is A c t in respect of any carr iages or horses be longing to H e r Majesty or employed in her service when conveying persons baggage a r m s or
a m m u n i t i o n or r e t u r n i n g therefrom. 26. I t shall be lawful for t he said corporat ion to erect or cause to be erected a tol l-bar or ga te or toll-bars or gates at or upon the said br idges and roads and a t or u p o n such pa r t or pa r t s thereof as to t h e said corporat ion shall seem fit and to collect and receive t he said tolls thereat or to nomina te and appoint some fit and proper person or persons to a t t end the said tol l-bar or gate or tol l-bars or gates to collect and receive the tolls the rea t .
27. A t t h e expirat ion of t he said t e r m of one h u n d r e d years
a n d at t h e expira t ion of th i s Ac t t h e n and from thencefor th t he said br idges shall be and shall be deemed to be publ ic br idges.
28. I f t he said br idge across D a r l i n g H a r b o u r w i th t he
approaches the re to be not fully and proper ly completed w i th in th ree years n e x t after t h e pass ing of th i s A c t t h e powers given in and by t h e same shall cease and de te rmine . 29. I t shall and m a y be lawful for t he said corporat ion to demise and let to farm t h e tolls demandable u n d e r a n d by v i r tue of th i s Ac t a t or u p o n the said br idges and the said lessee or lessees shall have t h e same powers of demand ing and collecting and t a k i n g the said tolls as are hereby given to the said corporat ion.
30. The said lessee or lessees of t he said tolls du r ing such t ime as t h e said tolls shall be so leased as aforesaid shall and m a y nomina te
and appoin t such other person or persons as he she or t hey may t h i n knecessary to collect demand or t ake such tolls so demised leased and farmed and such person or persons so appointed as aforesaid shall and m a y use all means and methods for t h e recovery thereof in case of non-paymen t or evasion as t he said corporat ion and such lessee or lessees m i g h t or could do unde r and by v i r tue of th is Act .
3 1 . I n case t h e tolls demandable a t or u p o n the said br idges
shall be demised by the said corporat ion to any person or persons and t h e lessee or lessees shall neglect or refuse to perform t h e condi t ions on which the same shall be so let or in case t h e r en t or ren t s agreed to be paid by such lessee or lessees or any pa r t thereof shall be in a r rea r for t he space of fourteen days n e x t after t h e day on which t h e same ought to be paid or t he t e r m for which such lessee or lessees held t he same shall in any other m a n n e r become void i t shall and may be lawful for any Jus t i ce of t h e Peace upon compla in t made upon oath by or on behalf of t he said corporat ion by w a r r a n t unde r his h a n d and seal to order a constable or o ther peace officer wi th such assistance as shall be necessary to en te r upon a n d t ake possession of
the
t h e said br idges and the toll-house or houses a t or the reupon and all bui ld ings and appur tenances there to be longing and to remove or p u t ou t such lessee or lessees and t h e collectors keepers servants or o ther person or persons who shall be found the re in toge ther wi th his he r or the i r goods from t h e possession thereof and from t h e collection of t h e tolls in respect thereof a n d the lease cont rac t or ag reement for t h e same shall thencefor th cease a n d be u t t e r ly void to all in ten t s ami purposes whatsoever save and except as to t h e condit ions and agreements for paymen t u p to t h a t t ime of t h e r en t payable for t h e same and the o ther condit ions or agreements conta ined the re in on the lessee's p a r t and behalf and which shall or m a y have been broken and t h e same tolls and toll-houses m a y be given let or demised to any o ther person or persons and m a y in t h e m e a n t ime be collected by t h e said corporat ion or his or the i r servants and agents in t h a t behalf.
32. I n case t he lessee or t h e lessees of t h e said tolls shall on t he expira t ion of t he t e rm for which the same shall have been so let or demised to h im or t h e m neglect or refuse to deliver u p possession to t h e said corporat ion to any new lessee or lessees possession of t h e toll-house or toll-houses a t or upon t h e said br idges or e i ther of t h e m a n d all bui ldings and appur tenances there to be longing it shall and m a y be lawful for any Jus t i ce of t he Peace u p o n compla in t made upon oa th by or on behalf of the said corporat ion by w a r r a n t unde r his h a n d and seal to order any constable wi th all such assistance as shall be necessary to enter upon and t ake possession of t he tol l-houses and all bui ld ings and appur tenances t he re to be longing and to remove and p u t out such lessee or lessees collectors keepers servants and other person or persons as shall be found the re in together w i th his her or the i r goods and chat te ls from the possession thereof.
33 . The said corporat ion are hereby requi red and the lessee or lessees of t he said tol ls shall and are hereby requi red du r ing the whole t ime t h a t he or they shall t ake or cont inue to be the lessee or lessees of the said tolls to p u t u p or cause to be p u t u p and cont inued in some conspicuous place a t or near t he tol l-gate or tol l -gates or at and upon t h e toll-house or tol l-houses a t or upon the said br idges a table pa in ted in dist inct legible black let ters on a board wi th a whi te " 'round con- ta in ing a list of t h e tolls payable a t t he said br idges dis t inguishing severally t he a m o u n t of tolls and t h e different sorts of ca t t le beasts carr iages or other vehicles for which they are severally to be paid where the re shall be any var ia t ion the re in and t h e said corporat ion and the said lessee or lessees du r ing the whole t ime t h a t he or t hey shall cont inue to t ake or be t he lessee or lessees of t h e said tolls shall
place on some conspicuous place near to such board t h e chr is t ian
a n d su rname of t he collector or keeper of t h e said tolls who shall be
on du ty for t he t ime being and shall con t inue t he same dur ing the whole t ime such collector or keeper shall be on du ty and shal l change t h e same on every change t h a t m a y t ake place in such collector or keeper on du ty to t he names of t h e collector or keeper t h a t m a y succeed as often as any such change m a y t ake place and if t h e said corporat ion whi le they shall t ake t h e said tolls or the i r lessee or lessees shall neglect or refuse to p u t u p such table of tolls as afore said or to cause t h e n a m e or names of t h e said collectors or keepers of such tolls for t h e t ime be ing to be p u t u p as aforesaid or if t h e collector or keeper of such tolls shall no t be in a t tendance a t all t imes by day and by n i g h t a t t h e place a t which he is s ta t ioned or ought to be or shall demand and. t ake a grea te r toll from any person t h a n he shall be author ized to do or shall refuse to pe rmi t a n d suffer any person or persons to read or shall in any m a n n e r h inder or p reven t any person or persons from read ing the inscript ion on the said boards or the n a m e or names so fixed u p as aforesaid or shall refuse
to
t o te l l h is chr is t ian n a m e a n d s u r n a m e to any person or persons w ho shall demand to know t h e same on pay ing the said tolls or any of t h e m or u p o n t h e legal toll be ing t endered or paid shall unnecessar i ly deta in or wilfully obs t ruc t h inder or delay any passenger or passengers from going t h r o u g h the tol l -gate or toll-gates a t or upon t h e said br idge t h e n and in each a n d every such case t h e said collector or collectors of t h e said tolls shall forfeit a n d pay for every such offence any s u m no t exceeding forty shil l ings to be recovered as hereinafter provided.
34. I f any person liable to t he paymen t of t he said tolls unde r th i s A c t shall after demand neglect or refuse to pay t h e same or any p a r t thereof it shall be lawful for any person hav ing r i g h t or au thor i ty to collect t he same to p reven t such person or persons from pass ing t h r o u g h the said to l l -gate or toll-gates a n d to shu t close and fasten t h e said gates and to keep and con t inue t h e same closed and fastened.
35 . I f any person or persons shall resist or m a k e forcible opposit ion agains t or shall assaul t any person or persons h a v i n g r i g h t or au tho r i t y to collect t h e said tol l in t h e execut ion of the i r du ty or shall pass t h r o u g h the tol l -gate or tol l -gates a t or u p o n the said br idges or e i ther of t h e m wi thou t pay ing t h e legal to l l to which he or t hey is or a re l iable or shall f raudulent ly or forcibly evade or do any act whatever in order or w i t h i n t en t to evade the p a y m e n t of t h e said tol l or to l ls and whereby t h e same shall be evaded every such person shall for every such offence forfeit and pay a s u m n o t exceeding five pounds .
36 . I f any lessee or collector of tolls unde r th i s Ac t or any keeper of a ga te on e i ther of the said br idges shall u p o n t h e legal tol l be ing tendered or paid unnecessar i ly or for an unreasonable t ime de ta in or wilfully obst ruct h inder or delay any passenger or passengers with or wi thou t his her or the i r horses beasts carr iages car t s and o ther vehicles from passing over e i ther of t h e said br idges or if any such lessee or collector of tolls or keeper of a ga te on e i ther of t h e said br idges shall m a k e use of any uncivi l scurr i lous t h r e a t e n i n g or abusive l anguage or behaviour to a n y t ravel ler or passenger t ravel lers or passengers over t h e said br idge t h e n and in each a n d every such case t h e said lessee or collector of tolls or keeper of a ga te on ei ther of t h e said br idges shall forfeit and pay for every such offence any sum no t exceeding five pounds to be recovered and applied as hereinaf ter ment ioned .
37. I f any person subject or l iable to t he paymen t of any of
t h e tolls u n d e r or by v i r tue of th is Ac t shal l after demand thereof neglect or refuse to pay t h e same or any p a r t or pa r t s thereof i t shal l be lawful for t he person or persons hav ing r igh t or au thor i ty to collect
t h i n k necessary to seize and dis t rain any horse beast ca t t l e sheep such tolls by himself or themselves or t a k i n g such as he or t hey shall carr iage or o ther t h i n g u p o n or in respect of which any such to l l is imposed together w i th the i r respect ive bridles saddles gears harness or accou t rement s or any of t h e goods or chat te ls of t he person or persons so neglec t ing or refusing to pay and if t h e tol l or any p a r t thereof so neglected or refused to be paid a n d the reasonable charges of such seizure and distress and of keep ing and ma in t a in ing t h e same shall n o t be paid w i th in t h e space of one day n e x t after such seizure and distress m a d e t h e person or persons so seizing and dis t ra ining m a y sell t h e
horse beast ca t t le sheep carr iages or t h i n g s so seized and dis t ra ined or a sufficient p a r t thereof r e t u r n i n g t h e overplus of t h e money to arise by such sale if any a n d w h a t shal l r ema in unsold upon demand to t h e owner thereof after such tolls and t h e reasonable charges occasioned by such seizure distress ma in tenance a n d sale shall be deducted.
38 . I f any person or persons whomsoever shal l wilfully or
maliciously injure pu l l or cu t down p luck u p th row down b r e a k level
or otherwise damage demolish or destroy any tol l-gate or a n y chain post
ra i l
rai l wall bar or o ther fence or fences or l a m p or l amps of or be longing to any tol l-gate a t or upon e i ther of the said bridges or any house or houses erected for t h e use of any such tol l -gate or table of tolls p u t u p a t any such tol l -gate or toll-gates on the said br idges or any a rch wal l a b u t m e n t prop or fence belonging there to or any pa r t of t h e said br idges whatsoever t h e n and in each and every such case every person so offending shall forfeit and pay for every such offence a s u m no t exceeding ten pounds over and above the damages occasioned the reby to be recovered as hereinafter men t ioned one moiety of which pena l ty or penalt ies when recovered shall go to and be paid to t he informer and the other moie ty thereof wi th t h e a m o u n t of t he said damages shall be to t h e use of t h e said corporat ion.
39. Al l horses catt le sheep and other beasts for which toll shall be demanded or payable unde r th i s Ac t shall be counted by the lessee or collector of tolls u n d e r th is A c t or keeper of t he gate a t e i ther of t h e said bridges before such horses cat t le sheep and other beasts shall pass over the said br idges .
40. I t shall be lawful for any one or more Jus t i ce or Jus t ices of t h e Peace to hear and de te rmine in a summary way all offences commi t t ed agains t the t r u e in ten t and m e a n i n g of th i s Ac t and for t h a t purpose to s u m m o n before h im or t h e m any pa r ty or par t ies accused of be ing an offender or offenders against t he tone and mean ing of th i s A c t and in case t h e pa r ty accused shall no t appear on such summons or offer some reasonable excuse for his default t h e n and in every such case any such Jus t i ce or Jus t i ces is or are hereby author ized and requ i red to proceed to m a k e inqu i ry t ouch ing the m a t t e r s complained of and to examine any witness or witnesses who shall be offered on ei ther side on oath and which oath every such Jus t i ce is hereby author ized to adminis ter a n d after hea r ing the par t ies who shall appear and the witnesses offered on e i ther side such J u s t i c e or Jus t i ces shall convict or acqui t t h e pa r ty or par t ies accused and if t h e pena l ty or money forfeited or directed to be paid in any such convict ion be no t duly paid every such Jus t i ce or Jus t ices shall t he reupon issue a w a r r a n t unde r his or the i r h a n d and seal di rected to any constable or constables and the reby requ i re h i m or t h e m to m a k e distress of t he goods or chat te ls of t h e offender or offenders to satisfy such pena l ty or money forfeited or directed to be paid and the cost of t h e prosecut ion and distress and if w i th in five days from the distress be ing t a k e n the penal ty or money forfeited or requi red to be paid and costs shall no t be paid t h e goods seized shall be
| appraised and sold r ender ing t h e overplus if any after deduc t ing the |
pena l ty or sum of money requi red to he paid and t h e costs and charges of t he prosecut ion distress and sale to t h e owner or owners thereof which costs and charges shall be ascer ta ined by t h e Jus t i ce or Jus t ices before w h o m any such offender or offenders shall have been convicted a n d for w a n t of such distress t h e n every such Jus t i ce or Jus t ices shall on t he appl icat ion of any prosecutor or prosecutors and proof on oath m a d e of t h e convict ion and non-paymen t of t h e pena l ty or sum of money directed to be paid and the charges the reon by w a r r a n t unde r his or the i r h a n d and seal or h a n d s and seals commit every such offender or offenders to some one of t he common gaols of t he said Colony for any period not exceeding th ree m o n t h s Provided always t h a t no person or persons shall be convicted of any offence or offences contrary to t he provisions of th i s A c t in a s u m m a r y way before any Jus t i ce or Jus t i ces of t he Peace after t h e expira t ion of t h r e e m o n t h s from the t ime when any such offence or offences shall have been commit ted .
4 1 . N o dividend or bonus shall in any case be declared or paid
ou t of t he subscribed capi tal for t h e t ime being of t h e said corporat ion
nor
nor otherwise t h a n out of t h e declared surp lus capi ta l n e t gains a n d
profits of t h e bus iness . 42 . I n any ac t ion or suit to be b rough t by t he said corporat ion aga ins t any p ropr ie to r of any shares in t he capi tal of t h e said corpora t ion to recover any sum of money due and payable to t h e said corpo ra t ion for or by reason of any call m a d e by v i r tue of th i s A c t or of t he said deed of se t t l ement it shall be sufficient for t h e corporat ion to declare and al lege t h a t t h e defendant being a propr ie tor of such or so m a n y shares in t h e capital of t he said corporat ion is indebted to t he said corporat ion in such sum of money (as t h e call in ar rear shall a m o u n t to) for such call of such s u m of money upon such or so m a n y shares be longing to t h e said defendant whereby an action h a t h accrued to t h e said corporat ion wi thou t se t t ing forth any special m a t t e r and on t h e t r ia l of such ac t ion or suit i t shall no t be necessary to prove the appo in tmen t of t he directors who m a d e such call or any other ma t t e r s except t h a t t h e defendant a t t h e t ime of m a k i n g such call was a holder or propr ie tor of one or more share or shares in t h e capital of t he said corporat ion and t h a t such call was in fact m a d e a n d t h a t such not ice
thereof a n d of t h e t i m e fixed for t he p a y m e n t thereof was given as is directed by t h e said deed of se t t lement a n d t h e said corporat ion shall t h e r e u p o n be ent i t led to recover wha t shall appear due.
4 3 . N o t h i n g here in conta ined shall prejudice or be deemed to
prejudice a n y call made or any cont rac t or other act deed m a t t e r or
t h i n g entered in to m a d e or done by the said corporat ion pr ior t o or
u n d e r or b y v i r tue of t he said deed of se t t lement before th is A c t shall come in to operat ion b u t t h e same call contract act deed m a t t e r or t h i n g shall be as valid and effectual to all in ten t s and purposes as if th i s A c t h a d n o t been passed and m a y be enforced in l ike m a n n e r as if t h e said company h a d been incorpora ted before t h e same call contract act deed m a t t e r or t h i n g h a d been m a d e entered into or done.
44. I f any execut ion ei ther a t law or in equi ty shall have been issued agains t t he p roper ty or effects of t h e said corporat ion and if t he r e cannot be found sufficient corporate proper ty whereon to levy such execut ion t h e n such execut ion m a y be issued agains t any of t h e
shareholders to t h e ex ten t of the i r shares respectively in t h e capital of t he corporat ion n o t t h e n paid u p Provided a lways t h a t no such execut ion shall issue agains t any shareholder except upon the order of t h e Cour t in which t h e act ion sui t or o ther proceeding shall have been b r o u g h t or ins t i tu ted made upon mot ion in open Cour t after sufficient notice to t h e persons sought to be charged a n d upon such mot ion such
Cour t may order execut ion to issue accordingly a n d for t h e purpose of
ascer ta in ing t h e names of t h e shareholders and the a m o u n t of capi ta lr ema in ing to be paid upon the i r respective shares i t shall be lawful for any person ent i t led to any such execut ion at all reasonable t imes to inspect wi thou t fee t h e regis ter of shareholders requ i red by the said deed of se t t lement to be kep t in t h e office of t he said corporat ion and so m u c h of t h e share account of such shareholders as shal l be sufficient to shew t h e a m o u n t of the i r respective shares so r ema in ing to be paid u p Provided fur ther t h a t in t h e event of t h e assets of t he corporat ion be ing insufficient to mee t its engagements t h e shareholders shall i n addi t ion to t he a m o u n t a l ready pa id and to be paid upon the i r shares in t h e capi tal of t h e said corporat ion be responsible to t h e ex ten t only of a s u m equal to t he a m o u n t of the i r said shares.
45 . I f by means of any such execut ion any shareholder shall have paid any sum of money beyond t h e a m o u n t t h e n due from h i m in respect of calls h e shall for thwi th be re imbursed such addit ional s u m by t h e directors out of t h e funds of t h e corporat ion.46. The directors for t he t ime being shall have t h e custody of
t h e common seal of t he said corporat ion and t h e form thereof and all
o ther
other ma t t e r s r e la t ing there to shal l from t ime to t ime be de te rmined by t h e directors in t h e same m a n n e r as is provided in and by t h e said deed of se t t lement for t h e de te rmina t ion of o ther ma t t e r s by t he board of directors and t h e directors p resen t a t a board of directors of t h e said corporat ion shal l have power to use such common seal for t he affairs and concerns of t h e said corporat ion and under such seal to au thor ize and empower any person wi thou t such seal to execute any deeds and do all or any such o ther m a t t e r s and th ings as may be requ i red to be executed and done on behalf of t he said corporat ion in conformity wi th t he provisions of the said deed of se t t lement and of th i s Act b u t it shall no t be necessary to use t he corporate seal in respect of any of t h e ordinary business of t h e corporat ion or for the appo in tmen t of an a t to rney or solicitor for t h e prosecut ion or defence of any act ion suit or proceeding.
47 . I n case it shal l a t any t ime be t h o u g h t expedient by the said corporat ion to raise any s u m or sums of money by way of loan i t shall be lawful for t h e said corporat ion by any order of any general mee t ing of the; said corporat ion to borrow and t ake u p a t in teres t in addi t ion to t h e money which the said corporat ion are author ized to raise in extension of the i r capital as aforesaid any such sum as to t h e m shall seem m e e t and convenient not exceeding a t any t ime one half of t he a m o u n t of t h e capi tal of t he said corporat ion t h e n actually paid up and t h e said corporat ion after an order shall have been made for t h a t purpose by any general mee t ing are hereby author ized and empowered to assign the proper ty of t he said corporat ion and the ra tes ar is ing or to arise by v i r tue of th i s Ac t or any pa r t thereof ( the costs and charges of ass igning the same to be paid out of t h e said rates) as a securi ty for any such s u m of money to be borrowed as aforesaid wi th in teres t to such person or to his t rus tee as shall advance t he same all which said mor tgages or ass ignments shall be made under the common seal of t h e said corporat ion and in t h e words or to the effect following tha t is to say—
" No . " The P y r m o n t Br idge Company by v i r tue of an Ac t passed in
" t he year of the reign "of H e r Majesty Queen " Victor ia in t i tu led ' An Act to incorporate a, Company to " be called " The Pyrmont Bridge Company'" ' in considera- " t ion of t h e s u m of paid to " t he said company by
" of doth assign u n t o t h e said " his (or her ) executors admin is t ra to rs and assigns the said " company 's u n d e r t a k i n g and all and s ingular t he rates
" ar is ing by v i r tue of t he said Ac t and all t he estate r ight " t i t le and interest of in and to t h e same To hold u n t o
" t h e said his (or her ) executors adminis- " t ra to rs and assigns un t i l the said s u m of
" together wi th in teres t for t he same after t he ra te of
" for every one hund red pounds for a year" shall be fully paid and satisfied.
" Given unde r t he common seal on th i s
" day of in t h e year of our Lord 18 ."
A n d all and every t he person and persons to w h o m such mor tgage or ass ignment shall be made shall be equal ly ent i t led one wi th t he other to his her or the i r propor t ion or propor t ions of t he said ra tes and premises according to t h e respect ive sums in such mor tgages or assign men t s ment ioned to be advanced wi thou t any preference by reason of t h e pr ior i ty of da te of a n y such mor tgage or ass ignment or any other account whatsoever and an en t ry or memor ia l of every such mor tgage or ass ignment con ta in ing the n u m b e r and date thereof and the n a m e
3 0 or or names of t h e person or persons wi th t he proper addit ions to whom t h e same shal l have been m a d e and of t h e sum borrowed toge the r w i th t he r a t e of in teres t to be paid the reon shall wi th in fourteen days nex t after t he da te thereof be entered in a book or books to be kep t by t he clerk or o ther officer of t h e said corporat ion which said book or books shall and may be perused a t all reasonable t imes by any of t he pro pr ie tors or credi tors of t he said corporat ion or o ther person interested the re in w i t h o u t fee or reward and every person to w h o m any such mor tgage or ass ignment shall have been m a d e as aforesaid or who shal l be ent i t led to t h e money due thereon shall and m a y from t i m e to t ime t ransfer his r i gh t and interest t he re in to any person whomsoever which t ransfer shall or m a y be in t he words or to t h e effect following ( tha t is to s ay )—
" I (or we) of in considerat ion of t h e s u m of
" paid by of do he reby transfer
" a cer ta in mor tgage n u m b e r m a d e by t h e P y r m o n t
" Br idge Company bear ing date t h e day of " for secur ing t h e sum of and in teres t and all m y " (or our) r i gh t a n d proper ty the re in to t h e said " his (or he r ) executors admin i s t ra to r s and assigns.
" Da ted th is day of in t he year of our Lord 18 ."
A n d every such t ransfer shall wi th in twenty-e igh t days after t h e date thereof be produced to t he manage r or clerk of t h e said corporat ion who shal l cause an en t ry or memoria l to be m a d e thereof in t he same m a n n e r as t he original mor tgages or ass ignments for which t h e said c lerk shall be paid such s u m as t h e said corporat ion shall appoin t no t exceeding two shi l l ings and sixpence and after such en t ry m a d e every t ransfer shall ent i t le such assignee his executors admin i s t ra to r s a n d assigns to t he full benefit thereof and p a y m e n t thereon and i t shall no t be in t h e power of any person who shall have m a d e such t ransfer to m a k e void release or discharge t h e same or any s u m of money thereon due or the reby secured or any pa r t thereof.
48 . The in teres t of t h e money which shall be raised by mortgage; as aforesaid shall be pa id half-yearly to t h e several persons ent i t led the re to in preference to any in te res t or dividends due or payable by v i r tue of th i s A c t t o t h e said shareholders or any of t h e m and shall from t ime to t ime be fully paid and discharged or provided for before t he year ly or o ther in teres t or dividends due to t h e said shareholders or any of t h e m shall be paid m a d e or provided and in case t h e same or any p a r t thereof shall be behind a n d unpaid for the space of twenty-one days
nex t after t h e same shal l have become due a n d payable as aforesaid
a n d t h e same shall not be paid w i th in seven days n e x t after demandthereof in wr i t ing shall have been m a d e to t h e said corporat ion or left a t t h e offices of t h e said corporat ion i t shall be lawful for two or more Jus t i ces of t h e Peace in P e t t y Sessions assembled and they a re hereby requi red on reques t to t h e m m a d e by or on behalf of any mor tgagee whose in te res t s shall be so in a r rea r by an order u n d e r the i r hands to appoin t one or more person or persons to receive t h e whole or such p a r t of t h e said ra tes as a re l iable to pay such interest so due and unpa id as aforesaid and t h e money so to be received by such person or persons is hereby declared to be so m u c h money received by or to t he use of t h e person to w h o m such in teres t shall bo t hen due u n t i l t h e same toge the r with t h e costs and charges of recover ing and receiving t h e ra tes shall be fully satisfied a n d pa id and after such interes ts and costs shall have been pa id and satisfied t h e power and au thor i ty of such receiver a n d receivers for t h e purposes aforesaid shall cease a n d de te rmine or otherwise t he said in teres t so due and unpa id as aforesaid shall be sued for a n d recovered wi th costs by an act ion of debt in t h e Supreme Cour t of t he said Colony.
49. N o person to whom any such mor tgage or ass ignment shall be m a d e or t ransferred as aforesaid shall be deemed a propr ie tor of any share or shall be capable of ac t ing or vo t ing by v i r tue of such ass ignment e i ther as pr incipal or by p roxy as such a t any mee t ing of t h e said corporat ion for or on account of his hav ing len t or advanced any s u m of money on the credit of any such mor tgage or assign m e n t .
50. I n case t h e said corporat ion shall raise any s u m or sums of money by mor tgage and shall a f te rwards be requi red or be desirous to pay off and shall pay off all or any p a r t of t h e pr inc ipa l sum secured by such mor tgages or any of t h e m t h e n and in every such case i t shall be lawful for t he said corporat ion and they arc hereby author ized a n d empowered immedia te ly or a t any t i m e or t imes there after again to raise in lieu of t he pr incipal money so paid off or to be paid off by t h e m so m u c h and such sum and sums of money as they shall from t ime to t ime have paid off or be requi red or be desirous to pay off to the holders of t h e mor tgages or any of t h e m or any par t thereof and so from t ime to t i m e as often as t h e same shall happen b u t so never theless t h a t the m o r t g a g e debts of t h e said corporat ion
| shall no t | in any event exceed one- th i rd of t he a m o u n t of t he capital |
of t he said corporat ion ac tual ly paid u p .
5 1 . I t shall be lawful for t he Governor of t h e said ter r i tory
for t h e t ime be ing wi th t h e advice of t he Execu t ive Council thereof at any t i m e after t he expirat ion of seven years from t h e complet ion of t h e said br idges to purchase t h e same wi th all the i r appur t enances in t he n a m e and on t h e behalf of H e r Majesty or H e r Successors upon giving to t h e said company th ree ca lendar m o n t h s notice in wri t ing of t he in ten t ion so to do and upon paymen t to t h e said company of a sum equal to t h e whole sum expended in erect ing a n d complet ing t h e said bridges and their appur t enances and t h e roads and approaches the re to toge ther with a p r e m i u m thereon of t en pe r cent . Provided always t h a t t he said company shall wi th in one calendar m o n t h after t h e complet ion of t h e said br idges roads and appur tenances file in t h e office of t h e Colonial Secretary of t h e said Colony a t r u e and faithful account in detai l of all costs and expenses occasioned by and inc ident to t h e erection of t he said br idges roads a n d appur tenances and verified by t h e declarat ion of flu; cha i rman of t he said company and t h a t t h e a m o u n t of such costs and expenses shall be t he s u m upon
| which such p r e m i u m shall be es t imated | Provided | also t h a t | at | any |
| t ime dur ing the | cont inuance of the said t e r m of one h u n d r e d years ii | |
| it be considered expedient and a general mee t ing of t h e said company | shall have author ized t h e same i t shall be lawful for t h e said company | |
| to sell and dispose of t he said br idges roads and appur tenances and to assign the in teres t of t h e said company in t he same to H e r Majesty a n d H e r Successors u p o n such other t e r m s as m a y in such case be agreed upon between the said company and the Governor of t h e said Colony for t h e t ime be ing and t h a t upon t h e complet ion of such sale t h e r i gh t of t h e said company to demand and t ake tol ls and the i r liability to keep and ma in t a in t he said br idges and roads in repair unde r th is Act shall cease and determine . | ||
| ||
| which they a re empowered to cons t ruct by v i r tue of th is Ac t and if any such br idge viaduct or other work shall a t any t ime requ i re repa i r and such repa i r shall no t be effected within six m o n t h s after a not ice from the A t to rney Genera l of t he Colony requ i r ing t he same to bo effected shall have been served on the said corporat ion all such br idges viaducts and works shall the reupon become publ ic proper ty and may be immedia te ly t a k e n possession of by t h e Government and |
all
all notices summonses and process to be served on the said corporat ion
m a y be served u p o n the cha i rman or secretary of such corporat ion.
53 . I f t he said corporat ion shall fail to observe or comply wi th
any of t he provisions hereof it shall be ipso facto dissolved and t h e said br idges v iaducts and o ther works shall become publ ic p roper ty a n d shall be immedia te ly t aken possession of by t he Government Provided t h a t in t h e event of such br idges viaducts and o ther works
becoming publ ic p roper ty unde r th i s or t h e last p receding section of
th i s Ac t t h e said corpora t ion shall be ent i t led to demand from the Gove rnmen t by way of compensat ion such s u m of money as they m a y have ac tua l ly expended in and about t h e const ruct ion of t he said br idges v iaducts and works to be ascer ta ined as is hereinbefore provided in t he case of a purchase of t he same by the Gove rnmen t b u t
w i thou t any p r emium. S C H E D U L E .
SCALE OF TOLLS.
The sum of
F o r e v e r y foot p a s s e n g e r n o t d r i v i n g . . . . . . . . . . . . . . . . . . . . . 2 d .
„ p a s s e n g e r o t h e r t h a n t h e d r i v e r in a c a r t d r a y or o t h e r s u c h v e h i c l e . . . 2 d .
( C h i l d r e n u n d e r t e n y e a r s of a g e f r ee )
„ h o r s e a n d r i d e r . . . . . . . . . . . . . . . . . . . . . . . 3 d .
„ c a r t d r a y or o t h e r s u c h v e h i c l e w i t h t w o w h e e l s a n d d r a w n by one h o r s e 3 d .
A n d for e v e r y a d d i t i o n a l ho r se . . . I d .
„ w a i n w a g o n or o t h e r s u c h c a r r i a g e w i t h four w h e e l s d r a w n b y t w o h o r s e s 9 d .
A n d for e v e r y a d d i t i o n a l h o r s e . . . 2 d .
„ g i g c h a i s e o r o t h e r s u c h c a r r i a g e w i t h t w o w h e e l s d r a w n b y one ho r se . . . 6 d . t w o ho r se s . . . 9 d . „ coach c a r r i a g e or o t h e r s u c h veh ic l e w i t h four w h e e l s a n d d r a w n by one h o r s e 9 d .
A n d for e v e r y a d d i t i o n a l h o r s e . . . 3 d .
„ s h e e p l a m b p i g or g o a t . . . . . . . . . . . . . . . . . . . . .
„ o x o r h e a d of n e a t c a t t l e . . . . . . . . . . . . . . . . . . . . . I d .
„ h o r s e m a r e g e l d i n g ass o r m u l e . . . . . . . . . . . . . . . . . . 2 d .
0
0
0