Saywell’s Tramway Act of 1884 No say (NSW)

1884. 47 VIC.

ScnjioelCs Trmmoay.

An Act to aiitliorize the construction and savuklis

maintenance oi a iraniway irom tJic pro-	—
])oscd Bay-street Station on tlû lllaAvarra Railway to and alon^* Lady Robinson’s Beach, [iitli Mnvch, 1884.]

1^7][EE,EA S it is proposed by tiic Govevninoiit of Xew South rroamiiio.

Wales to make aud eonstruct on tlio lino of railway now in course of construction betweem Sydiu'y and Illawarra a platform or station at or near Bay-street sueb street bein" witliin the Municipality of Mk'st Botany And wliercas Saudridge Bark consisting of about one luindrcd aci’cs of land aud adjoining Lady Bobinson’s Beaeli is situated near to tlic said pro])osed ])latform or station and Tlioinas Saywell of Sydm;y merchant is the proprietor of the said ])ark And whereas it is desirable that a b(dter mode of access from and to the said platform or station and Sandridg(' Park and Lady Bobinson’s Bcacli should be; provided I'or excursionists and others And Avliereas the said Thomas Saywell is desirous of constructing a tramAvay from the said platform or station and connecting rvith the said Illawarra Bailway through certain private lands referred to in the Schedidc; to this Act thence across the Bocky Point Boad along Bay-street to Sandridge Park thence by a line parallel to Lady Bobinson’s Beach through Sandridge Park to lM‘Crae-str(!et And Avliereas the whole of the said proposed tramway route is within the Municipality of IVcst Botany and the Municipal Conncil thereof and the owners of such prh'ate lands have consented to the construction and maintenance of such ])i’oposed tramway but such tramway cannot be made Avithout Legislative authority And A\hereas the increased facilities of com­ munication and trallic Avhich Avonld result from tlu; construction of the said proposed traniAvay to Sandridge Park and Lady Bobinson’s Beach Avonld be for the public convcmienco and benefit and it is d('sirablc to authorize by Legislative enactment tlu' construction and maintenance of the said proposed traniAA’ay subject to the provisions hereinafter contained Be it therefore enacted by the Queen’s most Excelhmt Alajesty by and Avith the advice and consent of the Lc'gislative Council and LegislatAe Assembly of X cav South 'Wales in Parliament assembled and by authority of the same as folloAvs;—

VV

1. It shall be laAAd'ul for the said Thomas SayAAxdl his lieirs AuUiority to con-

exccutors administrators or assigns upon the terms and conditions and	i'"'""'*.'-
subject to the provisions licrtnnafter contained to make and construct
a traniAvay for coiiAa'ying passengers and their luggage and other
goods and merchandise from a point on the lint' of raihvay from
Sydney to IllaAvarra at or near the platform or sttition to be eon-
struettid at or near Bay-street Avithin the Mainicipality of "West Botany
and thence by the lines described in tlu' Schedule to this Act and to eiVeet
if necessary a junction bthweeu the said line of tramway and the said
line of raihvay from Sydney to IllaAvarra in accordance Avith s(!ction
ninety-nine of the “ Covernment PaihAvays Act of 18oS” and to lake and
use so much of the said Bocky Point Boad Bay-street or lands lad'erred
to in tlie said Schedule as may be rc(piired for tlie ])urposes of such

tramway but so that the same shall not occupy in any part of the	'
said road or street a greater space; in breadth than eight feet six inches nr in tlu; said private lands a greater space in binadth than fifteen feet including the support and foundations tho'cof Provided that the said

traniAvay

4:7« VIC. 1884.

SaywelVs Trmmvay.

tramway shall he constructed and brought into use witliin two years from tlie passing of this Act and the same shall he constructed in a proper and workmanlike manner Provided further that this authority shall not extend heyond thirty years from the passing of this Act.

Entry upon street	2. The said Thomas Saywell his heirs executors administrators or assigns shall have all necessary rights of ingress and egress to and over the surface of the road street and land aforesaid and all such other rights as arc required for the construction repair completion and use of the said tramway provided that nothing herein contained shall impair or he held to impair the lawful authority of the municipal district of West Botany or of any other corporation company or person to make all entries and exercise all other powers necessary for the construction maintenance and preservation of gas-works water-works sewerage-works and other works lawfully constructed underground.
&c.
Gttuge.	3. The gauge of the said tramway shall he the same gauge as the Government Tramways.
Level.	4. The tramway shall throughout its course over or along the Bocky Point Boad and Bay-street aforesaid he laid at or about the general level of the said road and street and througliout tlie whole extent of the said tramway shall ho laid with rails subject to the approval of the Municipal Council of West Botany and the said Thomas Saywell liis heirs executors administrators or assigns may Avith the consent of the said Council alter and improve the levels of the said road or street Provided that all expenses incurred in tlie reformation of the said road or street so altered and improved shall be Ijorne by the said Thomas Saywell his heirs executors administrators or assigns unless otherwise agreed upon.

Tramway to be open 5. The said traniAvay shall he open to public use upon payment

to public. of the tolls or charges following that is to say—

Por passengers a sum not exceeding threepence per liead each way.

For goods a sum not exceeding one shilling and threepence per

ton (exclusive of the expense of loading or discharging).

Maintenance of 6. The said Thomas Saywell his heirs executors adminisGators

roads. and assigns shall maintain in perfect oi'der and repair the said tram­ way and the pavements of the same between the rails of the said tramway and for the s])acc of one foot six inches on each side of such rails and furthermore shall erect and maintain all necessary causcAvays in connection AA’ith the said tramAvay.

Repair of dainage to 7. The said Thomas SayAVcll his heirs executors administrators

sewers, &c. and assigns shall immediately repair any damage AAdiich may during or by reason of the construction of the said traniAvay he occasioned to any server or drain or gas or Avatcr main or other property and shall also repair all damages Avhich may be occasioned by the Avorking of the said traniAvay.

Locomotives to be 8. It shall l)e laAvful for tlic said Thomas SayAvell his heirs

employed.

executors administrators and assigns subject as aforesaid to use and employ locomotive engines or other moA’ing poAver and carriages and Avaggons to he draAvn or propelh'd tlierehy and to carry and convey upon the said traniAvay all such passengers and goods as shall he offered for that purpose and to cliarge the tolls and charges in respect thereof as above specified .Provided that all such tolls and charges he at all times charged equally to all persons and after the same rate in respect of all passengers and of all goods of the same description and no reduction or advance in any such tolls shall Ix' made eitlu'r directly or indirectly in favour of or against any particular Conqiany or person travelling upon or using the said tramway.

Liability of carriers.

9. Nothing in this Act contained shall extend to charge or

make liable the said Thomas SayAA cll his heirs executors administrators

and assigns further or in any other case than Avere according to the

laws

1884.   4̂ T VIC.

SaywelVs Tramway.

l;i\vs of this Colony stagc-coach proprictoi’s and common carriers Avould he liahlc ]ior shall extend in any degree to deprive the said Thomas Saywell liis heirs executors administrators and assigns of any protection or privilege which common carriers or stage-coach pro- ])rictors may he entitled to hut on the contrary the said Thomas Saywell his lieirs executors administrators and assigns shall at all times he entitled to the henefit of every such protection and privilege.

10. The tolls shall he paid to such })orsons and at such places Toils to be paid as

u])on or near to the tramway and in such manner and under such regulations as the said Thomas Saywell his heirs executors adminis­ trators or assigns shall appoint.

11. I t shall he lawful for the said Thomas Saywell his lieirs for use

executors administrators or assigns from time to time subject to the approval of the Municipal Council of IVt'st Botany and subject to the ])rovisions and restrictions in this Act contained to make regulations for the following purposes that is to say—■

Tor regulating the times of the arrival aud departure of the cars and carriages and the number of persons limited to he carried therein respectively.

Tor regulatimr tlie loading or unloading of such cars and carriages. Tor preventing the smoking of tobacco and the commission of any

nuisance in or upon such cars or carriages or any of the

tramway stations waiting-rooms or jn’emises.

And generally for regulating the travelling upon or using and working the said tramway and the maintenance of good order and i!or regulating the conduct of the tramway otlicers and servants and for providing for the due management of the said tramway and the protection thereof and the cars carriagi's and waiting-rooms offices and premises from trespass and injury.

But no such regulation shall authorize the closing of the said tramway between sunrise and sunset except at any time Avhen in consequence of any of the works being out of rejiair or from any other sufficient cause it shall be necessary to close the said tram’way or any part thereof.

Provided that such by-laws he not rejmgnant to the laws of the Colony or to the provisions of tliis Act and a copy of such by-laws shall be given to every officer and servant of the said Thomas Saywell his heirs [executors administrators or assigns employed on the said traniAvay or alfected by such hy-laA\'s and sucli hy-lan s shall specify penalties Avhich shall in no case exceed the sum of ten pounds to he proceeded for and recovered under the provisions of the Act eleven and tAvehm Victoria chapter forty-three Provided always tliat such hy-laAvs must he fii’st approved of by tin; Attorney-General of the Colony for tlie time being ProAuded ahvays that the said Tliomas Saywell his heirs executors administrators or assigns or his or their employees or servants shall Avhen using

■

or Avhen upon tin', premises of tin; said railway he liable and

subject to th(' llailway hy-laAvs.

1 2 . The })roduction of a coyiy of the New South IVales Croccrw-Evidence of by-laws.

vuml Gazelle containing such by-laws shall he sufficient evidence of

such liy-laAvs in all proceedings under the same.

1 3 . I t shall l)(i laAvful for the Secretary oi“ I’ulilic Works on Power for the OoTcm-

hehalf of tin; Governnu'nt and also for the lilunicijial Council of West

Botany at any time by notice in writing to require the said ThomasUotany to jmrchaeo

Sa\ Avell his heirs ('xccutors administrators or assigns to sell and there­

upon the said Thomas Saywell shall sell to the Government or

Municiyial Council of Ml'st Botany as the case may he the said

tramway

4:T VIC. 1884.

Sayivell’s Tramway.

traimvay upon tlic terms of paying the then value (exclusive of any allowance for past or future profits of the said tramway or any compensation for compulsory sale or other consideration whatsoever) of the said tramway and all lands buildings works materials and plant of the said Thomas Saywell his heirs executors administrators or assigns suitable to and used by him or them for the purposes of the said tramway such value in case of difference to he ascertained by appraisement in manner directed by the twenty-third section of the “ Crown Lands Ocicupation Act of 1S61” and sub ject to the terms and conditions therein contained Provided that the “ Minister” in tl.e said Act shall for the purpose of appraisement under this Act mean the Secretary for Public Works for the time being in case of a sale to the Government as hereinbefore ])rovidcc] and shall mean the Mayor or the Council Clerk or any Alderman or oflicer of the Municipal Council of West Botany appointed by such Council in case of a sale to the said Municipality of ACest Botany And Avhen any such sah? shall have been made to the said Government the said traiuAvay lands buildings works plant materials and premises shall vest in the Com­ missioner of Baihvays Avho shall have all the rights powers and authorities of the said Thomas Saywell his heirs executors administrators and assigns in respect of the said tramway so sold and shall also have the rights powers and authorities and be subject to the provisions conditions and obligations conferred and imposed by the “ Bedfern to Hunter-street Tramway Act of 1879” Provided always that the words “ Municipality of M^est Botany” shall for such purposes be read as substituted for the Avords “ Municipal Council of the City of Sydney” Avlicimwer the said Avords occur in the said last-mentioned Act And Avhen any such sale shall have been made to the said Munici})ality of MTst Botany the said traniAA'ay lands buildings Avorks inaterials plant and premises shall A'est in the said iMunicij)ality of AVest Botany and the said MAinicipality shall have all the rights poAÂers and authorities and be subject to the conditions proA'isions and obligations conferred and imposed by this Act including the liability to sell to the Govern­ ment if so required by notice under this section.

Short title. 14. This Act may be cited for all purposes as “ SavAvell’s

TramAvay Act of 18S4.” '

THE SCIIEDELE HEEEIXBEEOEE EEFEREED TO.

A ll that proposed Tramway situated [at West Botany in tlio parish of Saint Goor"o

county of Cumberland and Colony of Xcw South "Wales be the hereinafter mentioned

several dimensions a little more or less.

Description of proposed Tramway from Bay-street Station Illawarra Eailway along

Bay-street to Sandridge Park Lady Eobinson’s Beach Botany Bay.

Commencing at Bay-street Station Illawarra Eailway thence by a curved line (about si.': chains radius) south-easterly seven chains eighty links to centre of Eocky Point Eoad (passing partly through the land of Mr. AValtz’.s) th(mcc across that road to Bay-street and along that street 1o a ])oint south-easterly ninety-two chains eighteen links thence by a curved line tbrougli Sandridge Park north-easterly to McCrae-streot Provided that uo part of such line shall be less than one hundred feet distant from higli- Atater-mark