Sydney Railway Company Act 1849 No src (NSW)

incorporate a Company to be called

The Sydney Kailway Company.”

[10̂ /i

October, 1849.]

Preamble.

T T 7 HERE AS tliG making and maintaining of railways in the

T y	Colony of New South Wales would be of great public utility

and it is deemed advisable to grant encouragement to such enter prising persons as may be desirous and willing to make and maintain such railways by granting to them an Act of Incorporation Be it therefore enacted by His Excellency the Governor of New South Wales with the advice and consent of the Legislative Council thereof That William Bradley William Bowman Thomas Barker Charles Cowper Thomas Holt the younger Arthur Jeffreys David Jones Moses Joseph Charles Kemp Roliert Lowe Samuel Lyons Archibald Michie Thomas Sutcliffe Mort Abraham Moses Charles Nicholson George Oakes John Norton Oxley Robert Porter Henry Gilbert Smith Charles Throshy William Walker Edward Weston and Adolphus William

Proprietors incorpo- Youug Esquircs and all and evtuy other person and corporation who

“̂ Thê Sydncy becomc suhsci’ihers to the said undertaking and their

way Company."

scvcral and rcspcetive successors executors administrators and assigns shall he and are united into a company for making completing and maintaining a railway or railways in the said Colony and other works by this Act authorized to be made and executed and for that purpose shall he one body corporate by the name and style of “ The Sydney Railway Company ” and by that name shall have perpetual succession and shall have a common seal and by that name shall and may sue

and be sued plead and he impleaded answer and he answered unto defend and he defended in all Courts and places whatsoever and the said eompany shall have power and authority from and after the passing of this Act and at all times hereafter to purchase and hold lands to them and their successors and assigns for the use of the said undertaking and works and generally for the purposes of carrying the provisions of this Act into effecd and also to sell and dispose of the said lands again in manner by this Act directed without incurring any penalties or forfeitures and also that the said company shall from time to time and at all times have full power and authority to constitute make ordain and establish such by-laws regulations and ordinances as may he deemed necessary for the good rule and government of the said company Provided that such by-laws regulations and ordinances he not inconsistent herewith or with any laws in force in this Colony or repugnant to the law of England.

1849.

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147

Sydney Railway Company.

2. And bo it onacted Tliat the capital stoclc of tlu3 compariy herol)y cstablisluid shall he one hundred thousand pounds sterling and into 20,000 siiares of

sliall he divided into twenty thousand shares of five pounds each and

sncli shares shall ho numbered beginning Avith nnmhcr one and so on in

regular arithmetical jorogression ascending wlutrcof the common excess

or diifia’cncc shall always he one and every such shartt shall ahvays

he distinguished by tlu; number to he apjtlicd to the same and tht;

said shares shall he and are hereby vested in the persons hereinhefort'

nanu'd and in sueli other persons as shall take shares in the said com

pany and their successors and their scvcral and respttetAc ex(!e;utors

admitiistrators and assigns and npon taking any share every suhserilx'r

sliall pay to the manager or other proper officer of the said company

the sum of five shillings stttrling for every share Avhieh shall he so taki u

and shall pay the remaining amount of every such share to such pttrsoii

or persons and in such parts or proportions as the directors of the said

eompany shall deem necessary and from time to time call for and

reijuire Provided always that no such call shall exceed the sum of ten

shillings for or in respect of any one share and that no call or calls he

made hut at the distance of three months at the least li-om anotlu'r and

that notice of every such call shall he given in the Ncio South Wales

Government Gazette and in one or more of the newspapers published in

the city of Sydney thirty days at the least before; tlu; day appointed lor

tlie payment of the same and on demand of the holder f)f any share the

company shall cause a ceidifieate under the seal of the said company

of the; proprietorship of su(;h share to be delivered to sAieh shaiadioldcr

and the same shall Ik; according to the form in the Sc-hedulc A to this

Act annexed or to the like elf(!ct and that the said shares shall he and	personal
he deemed personal estate andtransferahle and transmissible accordingly and that every such share shall entitle the holder thereof to a propor tionate part of the profit and dividends of the said company.

3. And he it enacted That the said company shall as soon as Uoiristor of siiarc-

the same can he dom; (aruse the names additions and addresses of

scvci'al proprietors of shares in the capital stock of tin; said company together with the number of shares to AAdiich they shall he rcsp('ctively entitled and also tlu' ])i'op('r number by Avhi(*h every smdi share shall he distinguished and the amount of the subscriptions paid thereon to ho fairly and distinctly (mtered in a register hook to he; k('pt in the office of the said company for that purpose and to he calhal the “ Registin’ of Shareholders” to the end that each proprietor for the time being and his interest in the com])any may he knoAvn and that AAhen and so often as any change of OAvnership in such shares shall take place by transfer or otherwise sucdi change of OAvnership shall he dnly entered in the said hook.

d. And ho it (macted

That it shall he laAvful for the proprietor Shares mny he sold,

of any share in the said undertaking and his executors or administrators to sell and dispose of any share to Avhich he shall lie entitled tlier(;in suhjf'ct to the jirovisions herein contained and the form of conveyainn of sliares may he in the folloAving words or to the like effect varying the names and descriptions of the contracting parties as the case may require—

“ I

in consideration Form of conveyance.

“ of	paid to nu; by
“ of	do hercliy bargain s(;ll assign and
“ transfer to the said

“	share for shares as the ease may he)

“ numh('r('d

of and in ‘ The Sydney

“ Raihvay Company’ to hold unto the said

“

his executors administrators ami

“ assigns suhj('cf to the same c(Anditions as T held the sanu'

“ immediately

148

13-' VIC.

1849.

Sydney Hailway Company.

“ immediately before tlie execution hereof and I the said

“	do hereby agree

“ to accept and take tlie said share for shares) subject to “ the same rules orders restrictions and conditions As “ witness our hands and seals the day of

“

A.D. 18

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 (iompany to he 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 hook to he 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 tAVO shillings and sixpence and on the request of the purchaser of any share an endorsement of such transfer sliall he made on the certificate of such share instead of a neAV certi ficate being granted and such endorsement being signed by the secretary or other proper officer of the said company shall be consi dered 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 aforcjsaid the vendor of the share shall continue liable to the company for any calls that may bo made upon such share and the purchas(;r 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.

Kviflonce of property

5. And be it enacted That a certificate of the proprietorship of

in sliares.	any share in the said company under the seal of the said company as aforesaid shall be admitted in all Courts as *primd facie* evidence of the title of any shareholder his executors administrators successors or assigns to the share therein specified but the want of such certificate shall not hinder or preA'ent the holder of any share from disposing thereof or receiving his share of the profits in respect thereof.
No share to be trans
ferred while in	6. And be it enacted That no shareholder shall sell or transfer any share Avhich he shall possess in the said company after any call shall liaA'C been made by tlie 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 autliorize to receive the same the Avhole and entire sum of money Avhich shall liaA e been called for in respect of such share so to be sold and transferred.
avrear.
Company not bound
to 8(;e to execution of	7. And be it enacted That the said company shall not be bound structive to which any of the said shares may be subject and the receipt of the party in Avhose 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 sliareholders shall from time to time be a sufficient discharge to tlie said company for any dividend or other sum of money payable in respect of such share notAvithstanding any trusts to Avhich such share may then be subject and Avhethcr or not tlie said company shall liaA'c notice of such trusts and the said company shall not be bound to sec to the application of the money paid upon such receipt.
trusts in respect of	to see to the execution of any trust AA'hether express implied or con
shares.
stock and their rep
Subscribers to the	8. And be it enacted That the scAnral persons Avho have sub undertaking or their legal representatives respectiA'ely shall pay the sums respectively so subscribed or such portions thereof as shall from time to time b(; called for by the directors of the said company at such times and places as shall be appointed by the said directors and Avith respect to the provisions in this Act contained for enforcing the pay
resentatives to pay	scribed or Avho shall hereafter subscribe any money toAvards the said
as appointed by the
directors.

ment

1849.

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149

Sydney Hailway Company.

inent of calls tlio Avord “ sliarcliolder” sliall extend to and include the

y)crsonal rcpresentatwes ol‘ ev(;ry sliai’elioldcr.

sentatives.

9. And be it enacted That it shall he lawful for the directors rower to make calls

of the said company from time to time to make such calls of inoncy

upon tlie scvcral shareholders in respect of the amount of capital obligation to pay.

suhscrilicd or owing hy them respectively as they shall deem necessary

jirovidcd that thirty days notice at the least he given of each and

every such call and that successive calls be not made ;it less than tlie

prescribed interval of three months as aforesaid and that no call

exceed the prescrilicd amount aforesaid and that every shareholder

shall he liable to pay the amount of tlie calls so made in rcsjiect of

tlie shares held hy him to the persons and at the times and ydaces

from time to time appointed hy the said company or the directors

thereof.

10. And he it enacted That if before or on the day appointed

to be paid on

1- L

over-Que Cciils.

for such payment any shareliolder shall not pay the amouni of any call to which he is liable CAUiry such shareholder shall he liahhi to pay interest for the same at the rate alloAVcd hy law from the day apy)ointed for the payment thereof to the time of the actual payment.

11. And he it enacted That it shall ho lawful for the said i’'’""'*' rc<‘eivc ad-

company it they tlunlv tit to receive irom any oi the shareholders wJio holders on interest,

shall he Avilling to adAaince the same all or any part of the moneys

due upon their respective shares beyond the sums actually called for aud upon the principal moneys so paid in adA'anec or so much thereof as from time to time shall exijced tlie amount of the calls them made upon the shares in respect of Avliich such advances sliall he made the company may pay interest at such a rate' not exceeding tlie legal rate of interest lor the time being as the shareholder paying such sum in advance and the said company may agree upon.

12. And he it enacted That if at the time appointed hv tlu;

• 1

I’l

ing shareholders.

said company or the directors thcreoi loi* the payment oi any call any shareholder shall fail to pay the amount of such call to Avhich he shall he liable it shall he laAiTiil for the said company to sue such share holder for the amount thereof in any Court of law or ciquity having competent jurisdiotion and to recover the same Avith laAvful interest Irom the day on Avhich such call Avas payable.

13. And hc! it enacted That in any action or suit to 1)(3 declarations in suits

brought hy the said company against any shareholder to recover any sum of money due and payalilc to the said company for any call it shall not 1)0 necessary to set forth the special matter but it shall be sufficient for the said company to declare and allege that the defendant is the holder of one share or more in the said company (stating the number of shares) and is indebted to the said company in such sum of money as the calls in arrear shall amount to in respect of one call or more upon one share or more (stating the number and amount of each of such calls) Avhcreliy an action hath atscrued to the said company liy virtue of this Act.

14. And h(' it enacted Tliat on the trial or hearing of such

action or suit it shall lie sufficient to prove that the defendant at the beJn'a sharchoid"?

time of making such call Avas a holder of one share or more in the

said company and tliat such call aaus made and such notice thereof

given as is directed hy tliis Act and it shall not be necessary to prove the

appointment oi' tlie directors Avho made such call nor any other matter

AvliatsocA cr and thereupon the said company shall be entitled to recover

Avhat sliall he due upon such call and interest thereon.

15. And he it enacted That the production of the register of shareholders required to hc kept in the office of the said company shall \)G pyimd facie evidence of such defendant’s being a shareholder and of the numher and amount of his shares.

share-

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Sydney Railway Company.

Shares in arrear may

16. And be it cnactcd That if any shareholder shall fail to pay payable by him together with interest (if any shall have accrued thereon) the directors of the said company at any time after the expiration of one month from the day appointed for pajonent of such call may if they shall think fit declare the share in respect of which such default shall have been made forfeited and that whether the said company have sued for the amount of such call or not.

be declared forfeited,

Notice to be given of

i7_

})e

cnactccl That before declaring any share forfeited

intention to declare ,,

„

i n

j •

j i •

• j

j •

share forfeited.	the directors ot the said company sliall cause notice ot their intention to declare such share to be forfeited to be left at or transmitted by post to the usual or last known place of abode of the person appearing by the register of shareholders required to be kept in the otiice of the said company to be tlie proprietor of such share and if the holder of any such share sliall be beyond the limits of this Colony or if his or their usual or last jilacc of abode b(' not known to the said directors or if the interest in any share shall be known liy the said directors to have become transmitted otherwise than by transfer and so the address of the party to whom the said share may for the time being liclong shall not be known to the said directors the said directors shall give public notice of such intention in the Neio South Wales Government Gazette and also in one or more of the newspapers published in the city of Sydney and the several notices aforesaid shall be given twenty- one days at least before the said directors shall make such declaration of forfeiture.
Forfeited sharc.smay
he sold.	18. And be it enacted That after such forfeiture as aforesaid it shall be lawful for the said directors to sell the forfeited share either by public auction or private contract and if there l3e more than one forfeited shaia; then citlier separately or together as to them shall seem tit and any sliareholder may purchase any forfeited share so sold as aforesaid.

Evidence of propric-

qq.

])[. it cnactcd That a, declaration in writing bv some

of forfeited shares.

Credible pcrsoii not intcrostcd m the matter made in contormity with tlie provisions of an Act of the Governoi- and Legislative Coundl of New South "Wales passed in the ninth year of the reign of Her present

9 Vic. No. 9.

Majesty Queen Victoria intituled “An A ct fo r the more effectual aholition “ <ff Oaths and Affirmations taken and made in various departments o f “ the Government o f Neic South Wales and to substitute Declarations “ in lieu thereof and fo r the suppression of voluntary and extra-judicial “ Oaths and Affidavits” that the call in respect of a share was made and notice thereof given and that default in payment of the call was made and that the forfeiture of the share was declared in manner hereinbefore required shall be sufficient evidence of the facts therein stated and sucli declaration and the receipt of the manager or other officer of the said company authorized by the directors to receive payment of the price of such share shall constitute a good title to such share and a certificate of proprietorship shall be delivered to such purchaser and thereupon he shall be deemed the holder of such share discharged from all calls due prior to such purchase and he shall not be bovind to see to the application of the purchase money nor shall his title to such share be affected by any irregularity in the proceedings in reference to such sale.

No more shares to	20.	And be it enacted That the said company shall not sell or
be sold than are

sufficient to pay offtransfer more of the shares of any such defaulter than shall lie sufficient

L rears and expenses-as nearly as can be 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 expenses attending such sale and declaration of forfeiture and if the money produced 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

1849.

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151

Sydneu Hailway Company.

tlu! expenses attending the declaration of ibrfeiturc and sale tlierc'of Avitli tlu; proof thereof and the certificate of proprietorship to the purchaser the sui*plus shall on demand be paid to the defaulter.

21. And he it enacted That if payment of such arrc'ars of call On

and interest and exjienses be made betoro any share so lorteited and siiares to revert to

vested in the said comjiany shall have been sold as aforesaid such

share sliall revert to the party to whom the same belonged before such

forfeiture in such manner as if such call had been duly paid.

22. And he it enacted That as soon as five thousand shares of On payment of

the (capital stock of the said company shall have been actually sub- ccmpany m

it̂^̂ ̂

helbre it shall he lawful for the said company and they art; hereby

authorized and empowered hy themselves their deputies agents officers

and workmen to make construct and finally complete alter and keep

in repair a railway or railways with one or more sets of rails or tracks

and all other proper works and convenitmees adjoining thereto or

(tonnccted therewith and to purchase and acquire such stationary or

locomotive steam engines and carriages wagons and other machinery

and contrivances and real or personal pro])crty as may he necessary

for the making and maintaining the said railway or railways and i'or

the transport of passengers and merchandise thereon and for otlu;r

])urposes of this Act and may hold and possess the land over which

the said railway shall pass and such adjoining lands as may hc rcquii'cd

the first of such railways to commence at or near to the city of Sydney

in the said Colony and to pass through the counties of Cumberland

and Camden to the t̂ own of Goulhurn in the county of Argyh; and

also through such other places in the county of Cumberland as may

hc deemed the most desirable route for carrying a railway totrards

scribed for and the sum of ten thousand pounds ]>aid up and not commence works, deposited in the office of the Secretary of this Colony so soon as the same shall have been determined upon.

23. And be it enacted That before commencing any line! of isefore commencing

railroad by this Act authorized to be made, the said company shall hy eompan̂ to

some qualified engineer by them to bo appointed cause to be made :uid mnpor plan (if line

taken levels and surveys of the country and lands through which such

line of railroad is intended to be carried together with a map or plan

of the said lino and of the lands tlirough wliich it is to pass and also a

book of reference in which shall he entered tlie name or names of the

owners and proprietors or occupiers if known of each and every portion

of the said land through which any such line of railroad shall pass

with a d(;scription ol‘ the said land setting forth the bearings of such

railroad the nature and quality the state of cultivation the inclosuri's

(if any) and the quai dity of such land which shall or may be required

for the purpose of making such railroad.

24. And be it enacted That when and so often as the said (Company to give

company shall have determined upon making any line ot railroad tlie tioutomakcrailroad,

said company shall by advertisement in tlu;.Ac?o South Wales Govern

ment Gazette and in one or mort; of the Sydney newspapers at least

forty days before the eoinmencement of the formation of any such

road give notice that tb.ey intt'iid to make the said railroad between

certain places therein to be specified according to a maj) or plan to be

seen in the office; of the said company at Sydney.

25. And be it enacted That the said map or plan and hook of Map and book of

reference shall be k<>pt in the office of the said company at Sydney and

{pg*"

exhibited at all (;onvenient times for public examination from tlie day said company.

of the date on which such notice shall be first published and all pc;rsons

shall and may have tree liberty and permission at all proper and con

venient times to view and examine the said map or plan and book of

reference.

152

IS^ VIC.

1849.

Sydney Mailicay Company.

Omissions in book of

26. And be it enacted That no advantage shall be taken of or of any siicli railway and other works on account of any error or omis sion in the said book of reference Imt it shall be lawful for the said company by themselves their deputies agents officers surveyors servants and workmen to enter into and upon and to take and use for the purposes of this Act any lands or grounds set out and described in the said map or plan notwithstanding any such error or omission in case it shall appear to any two -Tustices of the Peace acting for the district or place in which such lands or grounds shall be situated and be certified l>y writing under their hands that such error or omission proceeded from

impede'̂ makin ° the

the Said Company or any interruption be given to the making

railway &c.

Power to enter open

mistake.

27. And be it enacted That for the purposes and subject to

and take lands

the provisions of tliis Act it shall be lawful for the said company their successors deputies agents and workmen and all other persons by them autliorizcd and they are hereby empowered to enter into and upon the lands of any person or corporation whatsoever and to survey and take levels of the same or of any part thereof and to ascertain and stake or set out and appropriate for the purposes herein mentioned such parts thereof as may be necessary for the laying out making constructing and the convenient operation of such railways and all other works matters and conveniences as are hertiby authorized to be made and in or upon such lands or any lands adjoining thereto to boro dig cut trench em

remove materials	bank and sough and also to remove or lay take carry away and use any earth gravel stone timber or any other materials or things which may be dug or obtained therein or otherwise in the execution of any of the powers of this Act and which may be proper or necessary for making maintaining altering repairing or using any such railway and other works by this Act authorized or which may obstruct the making main taining altering repairing or using the same respectively according to the true intent and meaning of this Act without any previous agreement with the ov/ner or occupier of such lands and also to maki' or construct
construct inclined
planes tunnels &c.	upon across under or over any such railway or other works or any land streets hills valleys roads rivers canals brooks streams or other waters such inclined planes tunnels embankments aqueducts l)ridges roads ways passages conduits drains piers arches cuttings and fences
alter the course of	as the said company shall think proper and also to alter the course of
rivers &c.	any rivers canals brooks streams or watercourses during such time as may be necessary for constructing tunnels bridges or passages over or
and of roads &c.	under the same and also to divert or alter the course of any roads or ways or to raise or sink any roads or ways in order the more conveniently to carry the same over or under or by the side of any such railway and to make drains or conduits into through or under any lands adjoining such railway for the purpose of conveying water from or to such railway and also in or upon such railway or any lands adjoining or
and to erect toll
houses warehouses	near thereto to erect and make such toll and other houses warehouses
&c.	yards stations engines and other works and conveniences connected with any such railway as the said company shall think proper and also from time to time to alter repair or discontinue the l^efore- mentioned works or any of them and to substitute others in their stead and where any such railway shall pass through any woodlands or forests it shall be lawful for the said eompany to fell or remove any trees standing thereon within the distance of one hundred yards from either side of such railway which by their liability to be thrown down or from their falling naturally may obstruct or impair any such railway

Poyr to use private ^nd also to enter upon and use any existing private road being a road

rô ds

♦

o X

'	gravelled or formed with stones or other hard materials and not being an avenue or a planted or ornamental road or an approach to any mansion-house and generally to do and execute all other matters and

things

1849.

13’ YIC.

153

Si/dncy lia ilim y Company.

tilings necessary or convenient for constructing maintaining altering or repairing and using sucli railways and otlicr works by tins Act authorized they the said eompany their agtmts and workmen doing as little damage as may he in the execution of the scvcral powers to them luwehy granted and the said eompany if required so to do making full company to make

satisfaction in manner hereinafter mcntiontal to all persons and corpora- fuH satisriiction,

tions interested in any lands which shall he taken used or injured lor

all damages to be hy them sustained in or hy the execution of all oi‘

any of the jiowers luirehy granted and this Act shall lx; sulTicient to

indemnify the said company and all other persons foi‘ what they or

any of them shall do hy virtue of the powers hereby granted sidiject

nevertheless to such ]U'ovisions and rcsti-ietions as are herein eontaiiual.

28. Provided always and he it enacted That if in the exercis(! of Before roads iuter-

thc pow(irs hereby granted it he found necessary to cross cut through raise sink or use any part of any road whether carriagesroad or horse- road either puhli(; or private so as to render it impassable for or dang(!rous or extraordinarily inconvenient to passcifgers or carriages or to the persons entitled to the use thereof the said company shall before the commencement of any such operations cause a sullicient road to he made instead of tlû road to hc interfered with and shall at tlunr own ex})cnse maintain such substituted road in a state as con venient for passengers and carriages as the road so int(!rfcred with or as nearly so as may he.

29. And he it enacted That the lands to he taken or used for Broadtii of ti.o kma

the line of any railway hereby authorized to hc made shall not excH'cd |.“ii“ ay'̂ '''‘ immediate appurtenances thereof without the consent in writing of

one hundred yards in width except where greater width shall hc judged

necessary for wagons and otlusr carriages to turn remain stand in lit;

or pass (!aeh other or for raising embankments for crossing valleys or

low grounds or in cutting through high ground or for tlu; erection or

establishment of any tixed or ])ermanent machinery toll-house ware

house wharf or other erections and buildings or for excavating removing

or dej)ositing eai’th or other materials Provided always that nothing jrouses &c, noUubc

herein contained shall authorize the said eompany orany])erson acting

under tlu;ir authority to take injure or damage for the purijoses of this

the owner and occupier thereof respectively

Provided also that nothing Crown lands not to

in this Act contained shall he construed to affect the rights of tlu; permiss'ion.* tlu; said Company to enter upon or take possession of any such land without the previous permission of the Executive Government of the said Colony.

30. And bt; it enacted That after any lands shall have been sc;t bodies poiuie

out and ascertained lor making any such railway or any part thereof alllTcoî ey landt*

and ibr providing and constructing the works and conveniences hereby

authoriz(;d to he made or any of them it shall he lawful for any corpora

tion tenant in tail or for life or for any other partial or (pialilied estate

or interc;st husband f(;mme covert guardian trustee and l‘eolf(;e in trust for

charitahh; or otlu'r ])urposes committee executor and administrator and

all trustees and persons whomsoever not only for and on h(;half of tlu;m-

sehx's their heirs and successors hut also for and on behalf of tlu;

])(;rson entitled in reversion remainder or (;xpcctancy aft(;r them if

incapacitated and for aiid on behalf of their (;estui quo trust whether

infant issue unborn lunatic idiot femme covert or other ])crson and to

and for ail femmes (;overt who are or shall he seised possessed of or

interested in their own right or entitled to dower or other interest in

the same and for all and every other person and p(;rsons whomso(;ver

who is are or shall he seised possessed of or intercstc'd in any lands

which shall he set out and ascertained lor the purposes aforesaid to

contract

154

13« YIC.

1849.

Sydney Railioay Company.

contract for sell and convey the same or any part thereof unto the said company and all such contracts agreements sales convt^yances and assurances shall be made at tlu; expense of the said company and shall be made according to the following form or as near thereto as the numher of the parties and the circumstances of the case will admit (namely)—

Form of conveyance

“ I

in consideration of the

to the eompany.

“ sum of to me paid by the Sydney Hailway “ Company established and incorporated by an Act of the “ Governor and Legislative Council of New South Wales “ passed in the thirteenth year of the reign of Her Majesty “ Queen Victoria intituled ‘ An Act to incorporate a Coni- “ pany to he called “ The Sydney Baihoay Company ” ’ do “ hereby grant release and convey to the said Sydney liail- “ way Company all {describe the premises to he conveyed) “ together with all ways rights and appurtenances there- “ unto belonging and all my estate right title and interest “ in and to the same and every part thereof to hold to the “ said Sydney Railway Company and their successors for “ ever according to the true intent and meaning of the “ said Act In witness Avhereof I have hereunto set my

“ hand and seal the

day of

“ the year of our Lord

And all such conv(3yances and assurances as aforesaid shall be good valid and effectual in the law to all intents and purposes and shall operate and be as a merger of all outstanding terms of years and be a complete and effectual bar to all (jstates tail and other estates rights titles remainders reversions limitations trusts and interests whatsoever

Lands taken in pur- Provided always that after any lands which the said company arc by

bo'vested inTiieeom” this Act authorized to take without the previous consent of the pany without an}’ owuei’ 01' occupicr shall liavc been set out ascertained and appropriated

conveyance.

purposcs hert'iii mentioned such lands and the fee simple and inheritance thereof together with the yearly profits thereof and all the estate use trust and interest of any person therein shall thence forth be vested in and become the sole property of the said company to and for the purposes of this Act for ever and it shall not be necessary to obtain a conveyance from the owmer or person interested in such land.

Satisfaction to be

3 1 . And be it cnactcd That all trustees corporations and other

forlhe railway	pĉ ’̂ ons hcrcinbcfore capacitated or enabled to sell and convey lands
other works. ̂	and tlic owncr and occupier of any lands taken or used for the purpose of any railway or other works hereby authorized may accept and receive

satisfaction for the value of such lands taken or used as aforesaid and also compensation for tht; damages sustained or which may be sustained by the making or com})leting the said works and also of and by reason of the severing or dividing tlie same lands and for and on account of the detriment injury damage loss inconvenience or prtvjudice which may be sustained by such trustees corporations or other persons in such gross sums as shall be agreed upon between the said owner occupier or other person interested in the said lands and the said company and in case the said company and the several parties interested in any such lands cannot or do not agree as to the amount or value of such satis faction and compensation the same shall be ascertained and settled by surveyors to be appointed as hereinafter is directed.

Compensation for	32.	And for settling all differences which may arise between
lands taken and otlier

injuries to l)c deter	the said company and the several owners of or persons interested in
mined by surveyors.	any land whicli shall or may be t;ikcu used damaged or injuriously affected by the execution of any of the powers hereby gi*anted and for determining the amount of compensation to be paid by the said

(;ompany

1849.

13” VIC.

155

Siidney MaMway Company.

company in respect of any lands taken nsed damaged or injnriously atrc'cted :is aforc'said Be it enacted That upon tlie application of either party or in case the onaicr or person entitled to sueh compensation sliall he absent iVom the Colony or cannot hc found then npon a])]ili- calion hy the said (‘onrnany it shall he lawful for any two Justici's in Petty Sessions assemhlod in the district in which the lands taken used or injnriously affected are situated and having no interest in Ihe matter hy writing under their hands to nominate and appoint three able practical surveyors for determining what compensation shall he yiaid hy the said comyiany to the owncr or person interested in tlii' lands taken used or injuriously atfected as aforesaid and such surveyors or any two of them shall determine the same accordingly aud shall annex to their valuation a declaration in writing subscribed hy them of the correctness thei'cof and such valuation shall hc binding and VMiimthm tubefuiai.

conclusive upon all parties Provid(;d always that the said surv('yors in assessing such compensation arc authorized and cmpowc'red and shall take into consideration the enhancement in value of the adjoining land belonging to the party to whom compe-nsation is to hc. madt; hy the increased facilities of access to the difhnxmt stations and termini of the said railways in rcdiudion of such com])cnsation.

33. And he it enacted That before nutking any such aj)plication Notice to be, given

to the Justices as aforesaid cither party shall give at least ten days notice to the other of Ins or their intention to tnake such application and where the owncr or person interested in the land shall he absent from the Colony or t%annot he found notice of such intention shall hc given hy the said comj)any hy advertisement in the New South JNales Government Gazette and in one or more of the Sydney ncwsj)apcrs describing the y)rcmis('s in respect of which compensation is to hc assessed ten days at the least before making such aj)plication.

34. And he it (mactc'd That if before the said surveyors or any ju.sticcsm.'iyapimint two of them shall have; made their valuation as aforesaid any or

of”'j‘rveyOT

of the said surveyors appointed as aforesaid shall die or become iiicai)ab!e to act.

incapaltle to act in tlu' nnittor the said Justices may nominate and

appoint in writing some other surveyor to act in his place and every

surveyor so to hc substituted as aforesaid shall have the saint; powt'rs

;md authorities as wt're vested in the former surveyor at the time of

such his death or disability as aforesaid.

35. And he it taiacted That before such surveyors shall taiter Surveyors to make

u])on fhe duty of making such valuation as aforesaid they shall severally in the presence of such Justices or one of them make and suhscriht; ;i declaration at the foot of such nomination in the n ords following (that is to say)—

“ I A. B. do solemnly and sincerely declare that I will faithfully

“ imptirtially and honestly according to the best of my

“ skill and {Utility execute the duty of making the valuation

“ hereby referia'd to me.

A. B.

“ Made and subscribed

“ in the presence of

”

And if any surveyor shall corruptly nuike such declaration or having Surveyor .ictmg

made such dcclar{itiou slmll Avilfully .act contrary thereto hc sh.all he

guilty of a misdttmcanoi-.

36. And h(! it enacted That tlu; said nomination and dechinitioir Nomiiurtion drii.ua-

shall he annexed to tlu' valuation to he madx' hy such surveyors and tobrUdiVcl-cd to*

sluill hc delivered to the manager or other proper officer of the s:udm'">'>.!̂ >'‘ '’f«'mii,mn

company and shall hc preserved together therewith Ity the s{iid com-

ptiny and they shall at all times produce the said valuation and other

documents on demand to the owners of the land comprised in such

valuation and to all other parties intcrestcid therein and alloAv copies

of the same to he mach; ĥ ̂ such owncr if required.

37 .

156

13̂ VIO.

1849.

Sydney Railioay Company.

Expenses to bo borno

37. And be it enacted That all the expenses of and incident to

by company.

evciy such Valuation shall be borne by the said company.

Company to pay gg. And 1)6 it ciiacted That in all cases Avhere compensation fourteen days after Shall DO assGsscd or determined as aioresaid the directors ot the said

company for the time being shall at the next half-yearly meeting of

" ’

the said company lay before the said company the said valuation and the said company is hereby required to pay the amount of the said compensation to the party lawfully entitled thereto or to his agent duly authorized in this behalf within fourteen days next after such half-yearly meeting of the said company.

Power to make

3Q_ And be it eiiacted That the said company shall and may (if of the Colony and manage such branch railway and procure and own such carriages steamboats and vessels as may be necessary to ply on the roads or in the waters of any rivers in connection with any such railway and for that purpose shall exercise and possess all the powers privileges and authorities necessary for the making and management of the same in as full and ample a manner as they are hereby autliorized to do with respect to any such railway.

branch railways and

̂ .

own steamboats to	they deem it expedient) make a branch railway to every or any part
ply in connection
with the railway.

Gates to be main	40. And be it enacted That whenev(;r the said railways or any
tained across liigh-

ways.	of the branches thereof cross or shall hereafter cross any highway turnpike road or private road for carriages of any description on the level of such road or roads the said company shall erect and at all times maintain a good and sufficient gate on each side of such highway turnpike or other road which gates shall be constantly closed except during the time when horses cattle carts or carriages passing along such turnpike or other road shall have to cross such railways and such gates shall be of such dimensions and so constructed as when closed across the ends of such turnpike or other road to fence in the said railway and prevent cattle or horses passing along the road from
Proviso.	entering upon the railway Provided always that it shall be lawful (in case it shall he more conducive for the public safety) for the said company at their o)rn expense to carry such turnpike or other road over or under such railway hy means of a bridge or archway in lieu of crossing the same on the level.
railway.
Company to fence off	41. And be it enacted That the said company shall and they arc hereby required at their own proper expense after any land shall have been taken for the use of any railway by this Act authorized to be made sci)arate the same and keep the same constantly separated from the lands adjoining to such railway with good and sufficient posts rails hedges ditches mounds or otlicr fences and in case the owner of any lands adjoining such railway shall require the same the said company shall at the like expense make and maintain all necessary gates and stiles to enable such owner to cross the said railway.
Company's affairs to	42. And he it enacted That the immediate government and management of the affairs of the said company shall be vested in six directors who shall be proprietors of at least fifty shares each and who shall be chosen by the shareholders of the said company in the manner hereinafter provided but not less than three directors shall
bLTd of Proctors,

Quorum for business, constitute a board for the transaction of business of which the president shall ahvays 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 president 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 president shall have the casting vote.

Number of votes to	43. And be it enacted That no shareholder shall be entitled
bo given by share

holders ascertained,

to vote in the deliberations of the said company who shall not

1849.

18" VIC.

157

Sjjdney Raikcay Company.

1)(5 possessed of ten shares at tlic least in the capital stock of tlie Xu vote under ten

said company and that every shareliolder who shall be possessed of

ten or more shares in the said eompany shall for the first ten shart's ̂

he entitled to one vote and for m-ery additional numher of tiventy shTrê ’̂amra v "te

shares to one additional vote Provided that no shareholder shall he

(‘iititled to more than ten votes in the said deliherations and all share-

holders may vote hy proxy if they shall see fit provided such proxy vote by proxy,

he. a- shareliolder and do produce from tht; shareholder whom he

shall reju'C'sent or for whom he shall vote an appointment in or to the

following form or ellbct—

“ f (or we)

do herchy nominate

of t'™*y"bich

!•, i

o ii

• 1

i3 limited to each

“ constitute and appoint

one ot the proprndors particular meeting.

“ of till' Sydney Hailway Company to he my proxy in my “ name and in my absence to vote :ind give my assent to “ or dissent trom any business matter or thing relating to “ the said comjiany that shall be mentioned or proposed “ at the general or special assembly of the said company “ to hc holden the day of or any “ adjournment thert'of if I shall not he present in such “ manner as he shall think fit for the benefit of the said “ coni])any In ivitness whereof I have hereunto sot my

“ hand this	day oi'	one thousand eight
“ hundred and

,\nd every question of election of public olficers or other matters or things whieli shall he jiroposcd discussed or considered al. any public meeting of the said company under iJie authority of this Act shall he determini'd and decided hy the majority of vmtes and proxies ihenand t here present Provided always that the same person shall not vote as proxy lor any numher of persons who together shall he proprietors of more than five hundred shares.

tt. And he it enacted That if any shareholder he a lunatie or Votc.s of lunatics

idiot such lunatie. or idiot may vote by his committee and if any sluire- holder lu', :i minor ho may vote by his guardian or any one ol‘ his guardians and every such vote may he given either in person or hy proxy.

I'O. And hc it enacted That whenever fivt' thousand shart's of fust Kcnerai meet-

lh(' said capital stock shall have been subscribed and the deposits paid i"

as aforesaid the tirst general meeting of the shareholders for putting company,

this Act in execution shall be held at some convenient place within

the city of Sydney between the hours of ttai in the forenoon and four

in the afternoon of which meeting not less than fifteen days notice shall Fifteen d.iys notice

he given hy advert isement in the APfc

Wales Covernmenl Gazette

’

and in one or more of the newspapers published in the. said (dty which notice three or more of the said shareholders arc hereby autho rized to give and there shall he held in each and every year after the present year two general nicctiugs of the shareholders to ho convened upon the first Tuesday in the months of January and July in each year at the hour of eleven in the forenoon in tlu; said city or at such other hour or place as the said eompany at the preceding general mf'cting shall from time, to time direct and appoint of which future general meeting not less than fifteen days notice shall he given by public advertisement as bercin before mentioned or in such other manner as the said company at their respective general meetings shall direct and at' such first general meeting the shareholders then present hy them selves or their proxies shall proceed to elect by the majority of votes out of sueh shareholders as at the time of sueh election shall ri'spect- ividy b(! })ossessed in their own right of not less than fifty shares in the said company six persons to he directors to manage and conduct the affairs of the said company and the directors so chosen shall choose

out-

158

13̂ VIC.

1849.

Sydney Jdailioay Company.

out of their number one who shall be president of the said company

Omission to meet not Provided always that the omission to meet as hereinbefore required to work forfeiture, work no forfeiture hut the shareholders may he afterwards called

together hy the directors of the said company for the time being.

Retirement of direc

tors.

46. And he it enacted That at cacli general meeting which sliall he held in the month of July in each year one director shall retire from office such retirement to hc decided by ballot until all the first set of directors in office at the first general meeting in July shall have so retired and then in each succeeding year the director 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 a new dirf'ctor in the place of the director who shall have so retired in the manner herein before provided for the election of the first set of directors Provided

Director retirin'; always that cvcry director who shall by rotation or otherwise go out may be immediately of office ou any annual day of election shall lie eligible to he immedi-

® ■	ately re-elected a director of the said company and any director who shall at any time hc re-elected shall hc deemed to have been in office only from the time of such re-clection and that all the said first set of directors shall have so retired liefore any new or re-elected director shall retire.

Directors to continue

in office till new ones

47. And he it enacted That in ease any general meeting of the

chosen.

company at which a new director ought to have been chosen shall 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 be duly chosen.

Vacancy in the office 48 . And be it cnactcd That every vacancy in the office of

mied'̂ r̂ within'two fli'’6ctor occasioned by death resignation disqualification or removal or months. ’ * by any other means than by going out of office by rotation as hcrcin

bcfore mentioned shall be filled up by the election of a new director at a special general meeting of the shareholders to be convened by the board of directors for that purpose within two calendar months next after such vacancy shall occur and every shareholder who shall be elected to supply any vacancy in the office of director occasioned by tbc 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 he may be elected would have been entitled to continue in office if such death resignation disqualification or removal had not happened.

No person concerned

49. Provided always and be it enacted That no person being

in contracts under	conccmcd or interested in any contract under the said company shall
the company shall be .
capable of being a	be capable of being chosen a director of the said company and no
director.	director shall bt; capalde of being interested in any contract with the company during the time he shall be a director.
Directors to .appoint

engineers and other

50. And be it enacted That the said directors shall have the

oflioers.

power of nominating and appointing all and every the engineers and other officers and persons connected with the said company at such salaries or rat('s 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 company except as to such matters as are directed by this Act to be transacted by a general meeting of the company but the exercise of all such powers shall b<‘ subject to the by-laws rules

Shareholders to make regulations of the said company and the shareholders shall have and amend by-laws, power from time to time to alter and amend or to make such rules

Idy-laws and regulations for the good government of the said company and of such railways works and property hereinbefore mentioned and

for

1849.

13' VIO.

159

Sydney Railioay Company.

for the well governins '̂ of the engineer workmen and other persons employed hy the said company and foi* regulating the securities to he required of the several officers and other persons who shall he entrusted with the moneys of the said company as to the major part of the share- hohhn’s shall seem meed whicli said rules hy-laws and regulations being put into writing under the common seal of the said company

shall he quhlishcd in the New South Wales Government Gazette and py.jaws to bo pub-

also in one or more of the newspapers jiuhlished in the city of Sydney '‘shed.

and shall he hinding upon and observed by all parties and shall 1k̂

sufficient in any Court of law to justify all persons who shall act̂

under the same.

51. And hc it enacted That it shall he lawful for any number Caii of extraordinary

of shareholders holding in the aggregate one thousand 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 requisition shall fully express the object of the meeting required to ho called and shall h(! left at the office of the said company and forthwith upon tlie receipt of such requisition the said directors shall convene a meeting of the shareholders and if after twenty-one days after such notice the directors shall fail to call such meeting tlu; shareholders aforesaid ([ualilied as aforesaid may call such meeting hy giving sixty days public notice thereof in the Neio South Wales Government Gazette and in one or more of the newspapers published in the city of Sydney.

52. And be it enacted That fifteen days public notice at tlû Fifteen aays notice

least of all meetings whether general or extraordinary shall hc given pg f̂v '̂orXmUt-

hy advertisement in the Neio South Wales Government Gazette and '"ss of t'‘o company,

one or more newspapers as hereinheforc mentioned which notice shall	«
specify the place day and hour of meeting and every notice of an extraordinary meeting shall specify the purpose for which such meeting is called.

53. And in consideration of the great charges and expenses Toil grantea to tim which the said company must necessarily incur and sustain in making p^tX^f passeu- and maintaining the said railways and other the works hereby autho- ger» and property, rized to hc made Ee it enacted That it shall he lawful for the said

company from time to time and at all times hereafter to ask demand take recover and receive to and for the use and benefit of the said company a toll for and in resjiect of all passengers and property of every description which shall he conveyed or transported ujion such railways or any of their branches or in the carriages steam boats or vessels eonneeded therewith as aforesaid at such rates per mile as shall

established from time to time hy the directors of the said company that the transportation of jiersons and property the construction of (;ars and carriages the weight of loads and all other matters aud tilings in relation to the use of sueh railways and their branches shall he in (tonformity to such rules regulations and provisions as the said directors shall from time to time prescribe and direet and that such auilways and their branches may he used hy any person or persons who may comply with such rules and regulations Provided always that if the rates tolls or dues tliat may he established hy the said eompany under and by virtue of this Act shall he found excessive Scale of toils may be

it shall and may be lawful for the Legislature to reduce the said rates tolls or dues so as that the same shall not produce to the said eom]iaiiy a greater rate oJ‘ clear annual profits divisible upon the suhstnihed and paid up capital stock of the said eompany than fifteen pounds annually for every one hundred pounds of such capital and in statomcQt of

order that the true state of the said company shall he known it shall he to bc°p(Hi'\n

the duty of the president and directors thereof to file in the office of the	Secretary’s
Colonial Secretary of this Colony for the information of the Legisla

ture

160

VIC.

1849.

Sydney Mailicay Company.

mation of tlie T-egis- ture at tlic expiration of seven years after the said railway shall have

ifterthrcom̂ letfon îcen Completed as aforesaid a just and true statement and account of

of the work.

the moncvs by them disbursed and laid out in making and completing the said railway in manner aforesaid and also of the amount of tolls and revenues of the said railways and of the annual expenditure and disbursements in maintaining and keeping up the same during tlie said seven years the said several accounts and statements to he signed hy the accountant and countersigned hy the president of the said company and hy such accountant verified by solemn declaration to he made before any one of Her Majesty’s Justices of the Peace or before a notary public in the manner hereinbefore mentioned And provided also that it shall be the duty of the said president and directors of the said company once in each and every year after the expiration of the said seven years to file in the said office of the Secretary of the said Colony for tlie information of the Legislature a like statement signed hy the accountant and countersigned hy the jiresident as aforesaid.

Eight of pmciiasing

54. And bc it cnactcd That whatever may be the rate of divi-

apyirtcnaime™'	sihlc pi’ofits On the Said railways it shall he lawful for Her Majesty’s
reserved to Her	Government if it sliall think fit subject to the provisions hereinafter
Majesty’s Govern
ment.	contained at any time after the expiration of the term of twenty-one; years to purchase the said railway with all its hereditaments stock and appurtenances in the name and on behalf of Her Majesty upon giving to the said company three calendar months notice in writing of such intention and upon payment of a sum equal to twenty-five years’ purchase of the annual divisible profits estimated on the
f*°Vt	average of the seven then next jireceding years Provided that if the

0 di 1

la ion.

average rate of profits for the said seven years shall he less than the rate of fifteen pounds in the hundred it shall hc lawful for the company if they shall be of opinion that the said rate of twenty-five years’ purchase of the said average profits is an inadequate rate of purchase of such railway reference being had to the prospects thereof to require that it shall he left to arbitration in case of diiferencc to determine what (if any) additional amount of purchase money shall he paid to the said company Provided also that such option of purciiase shall not he exercised except with the consent of the company while any such revised scale of tolls fares and charges shall he in force.

Malls guards &c. fo	55.	And be it enacted That it shall he lawful for the Postmaster
be forwarded on tho

railway under the	General for the time being or his chief deputy in this Colony acting
direction of the
Postmaster General.	for and on behalf of Her Majesty’s Goverjiment hy notice in writing under his hand or under the hand of such deputy as aforesaid delivered to the said company to require that the mails or post letter hags shall from and after a day to he named in such notice (being not less than twenty-eight days from the delivery thereof) he conveyed and forwarded by the said company on their railway either hy the ordinary trains of carriages or hy special trains as need may he at such hours or times in the day or night as the Postmaster General or his said deputy shall direct together with the guards appointed and employed hy the Post master General or his said deputy in charge thereof and any other officers of the Post Office and thereupon the said company shall from and after the day named in such notice at their own costs provide sufficient carriages and engines on the said railway for the conveyance of sueh mails and post letter hags to the satisfaction of the Postmaster General or his deputy and to receive and take up carry and convey hy such ordinary or special train of candages or otherwise as need may be all such mails or post letter hags as shall for that purpose he tendered to them or any of their officers servants or agents hy any officer of tlie Post Office and also receive take up carry and convey in and upon the carriage or carriages carrying such mails or post letter hags the guards in charge thereof and any other officer of the Post Office and shall

receive

1849.

13̂ VIC.

161

Sydney llailicay Company.

recoive take up and deliver and leave sueli mails or post letter hag's guards and oflieers at such places in t he line of such railway or raihvays on such days and such hours or times in the day or night and suhject to all sueh reasonahle regulations and restrictions as to speed of travelling’ places times and durations of stoppages and times of arrival as the Postmast('r General or Ids said deputy shall in that behalf

from time to time order or direct

Provided alwavs that the rate of

I'*’*

•

exceedtbemaximum

speed to be required slialJ m no case exceed the maximum rate oi established by tim

s]>ecd prescribed hy the directors of the said company for the con- company,

veyance of passengers by their tirst class trains nor shall the company

be resjjonsible for the safe custody or delivery of any mail bags so scuit.

56. And l)c it enactf'd

b̂hat tbc said eom])any shall be ('utitled Compensation for

to such reasonable remuneration to be ]>aid by the Postmaster General (either prior to or after the eoinmencement of .such service) lie fixed and agreed on between the Po.stmastcr General or his deputy and the said company or in case of ditference of opinion between them the same shall be referred to the award of two persons one to be named by the Postmaster General or his deputy and the other by the said company and if such two persons cannot agrc'o on the amount of remuneration or compensation then to the umpirage of some thii’d jierson to be appointed by .such two first-named persons previously to their (mteriiig npon the inquiry and the said award or um]iirage as the case may be shall be binding and conclusive on the said parties and their respective successors and assigns.

or his deputy for the conveyance of such mails post letter bags mail- ment ui arbitration,

guards and other otlicers of the Post Ofllcc in manner required by

siuth Po.stmastcr General his deputy or by sueh other officer of tin;

57. And be it enacted Tliat in all references to be made under Nomination of arii- the authority of this Act the Postmaster General or his deputy or the

umpne.

said company as the ease may be shall nominate his or their arbitrator within fourteen days after notice irom the other party or in default it shall be lawful for the arbitrator appointed by the party giving noticai to name the other arbitrator and such arbitrators shall jirocced forth- Avitli in tbc reh'renci' and mak(' Iheir award therein within twenty- eight days after their appointment or otherwise the matter shall Ix' left to be determined by the umpire and if such umpire shall rcl'usi’ or neglect to proceed and make his award for the space of twenty-eight days after the matter shall have beim referred to him then a runv umpire shall be appointed by tlu' two tirst-nanu'd arbitrators who shall in like manner proceed and make his award within tAventy-eiglit days or in default be superseded and so on toiies (j?(oSes.

58. And be it enacted That wlu'iu'ver it shall be necessary for obiiRation to trans-

jiort troops along the

the public service to moAu any of the officers or soldiers o f 'H e r ... ..................

line at contract j ute.

Majesty’s forces of the line ordnance corps marines militia or police force by the said railway or 3'aihvays or any of the branches thereof tlic directors thereof shall and are hereby required to permit such forces respectively with their baggagi' stores arms ammunition and other necessaries and tilings to lie comeyed at the usual hours of starting at such prices or upon such conditions as may from time to time be contracted for between the Colonial Secretary of this Colony or such officer duly authorized for that purpose and the said company ibr the conveyance of such forces on the production of a route or ordca- for their conveyance signed by the proper authorities.

59. And be it enacted That the said company on being ouigation to permit

required so to do by Her Majesty’s Colonial Government shall lie

bound to alloAV every jierson or persons duly authorized in that behalf Jown by ifer Ma-

with serA'aiits and w orkmen at all reasonable times to enter into or	̂
upon the lands of the said comjiany and to e.stablish and lay down iqion

such

162

13° VIO.

1849.

Sydney Hailway Company.

such lands adjoining the line of the said railways or any of their branches a line of electrical telegraphs for Her Majesty’s service and to give to him and them every reasonahle facility for laying down the same and for using the same for the purpose of receiving and sending messages on Her Majesty’s service subject to such reasonahle remuneration to the company as may he agreed upon between the company and Her Majesty’s Colonial Government Provided always that suhject to a prior right of use thereof for the purposes of Her Majesty’s service such telegraph may he used hy the company for the purposes of the railway upon such terms as may he agreed upon between the parties or in the event of difference as may he settled hy arbitration.

Half-yearly divi	GO. And bc it enacted That the directors of the said company
dends of the profits

to he made.

sliall at each of the half-yearly general meetings make dividends of the tolls income and profits arising to the said company first deducting therefrom the costs charges and expenses of the said company as well as of the repairs of the works belonging to them as for the salaries and allowances of the several officers and servants and for such other purposes connected with the said company as may be deemed proper by the said directors consistent with the by-laws rules and regulations of the said comjiany.

Receipt of guardians

of minors and of

61. And be it enacted That if any money be payable from the

committees of	said company to any shareholder or other person being a minor idiot
lunatics to he good
discharges.	or lunatic the receipt of the guardian of such minor or the receipt of the committee of such lunatic shall he a sufficient discharge to the said company for the same.
A portion of the pro

fits ma}̂ he reserved

62. And be it enacted That before apportioning the profits to

before declaring	be divided among the shareholders the said directors may if they think
dividends.	fit set aside therefrom such sum as they may think proper to meet contingencies or for enlarging repairing or improving the works connected with the said railway and the branches thereof or any part of the said undertaking and may divide the balance only among the shareholders.
No dividend to be

paid on shares in

63. And be it enacted That no dividend shall he paid in respect

arrear.	of any share until all calls then due in respect of such and every other share held by the person to whom such dividend may be payable shall have been paid.
Execution against

shareholders to the

64. And be it enacted That if any execution either at law or

extent of their	in equity shall have been issued against the property or effects of the
unpaid sliares.	said company and if there cannot be found sufficient whereon to levy such execution then such execution may be issued against any of the shareholders 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 an order of the Court in wMch 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 be charged and upon such motion such Court may order execution to issue accordingly and for the purpose of ascertaining the names of the shareholders and the amount of capital remaining to be paid upon their respective shares it shall be lawful for any person entitled to any such execution at all reasonable times to inspect the register of shareholders required to be kept in the office of the said company as aforesaid without fee
Shareholders not
liable beyond the	Provided further that nothing herein contained shall extend to charge
amount of their	or make liable any shareholder of the said company or his real or
unpaid shares.	personal estate with or for any debt or demand whatever due or to become due from or by the said company or in anywise relating to the said undertaking for any of the matters or things authorized by this Act to be made done or completed beyond tin; extent of his shares in the capital of the said company not then paid up any law custom or usage to the contrary thereof in anywise notwithstanding.

1849.

13*̂ VIO.

163

Sydney Hailway Company.

65. And bo it enacted That if by means of any such execution siiarciiokicrs to he

any shareliolder shall have paid any sum ol money i>cyond the amount	beyond calls
then due from him in respect of calls he shall forthwitli be reimbursed such additional sum by the directors out of the proceeds of tlic company.

()6. And be it enacted That if any other railway company here- rower to form after to bc incorporated by law shall huild and construct any other other railway railway from any place or places in tliis Colony it shall be lawful for oomi'a'iics.

the said railway company so buildin^ and constructing the said other railway to form a junction Avith the main trunk or any hranch thert'of Avbich may bc built and constructed by tho said Sydney Railway Company at such point or points place or places as may bc desired or considered most advantageous by such railway company and the said Sydney Railway Company shall convey and transport all passengers goods chattels and merchandise of every kind so arriving at the said junction omvards and backivards at all convenient and usual times on the Sfiid trunk or any branch thereof Avithout any unnecessary delay or hinderance to their respective destinations subject to the payment of such rates tolls or dues per mile as may be paid in similar cases to tbc said Sydney Raihvay Company.

07. And be it enacted That nothing herein contained shall hi; Railway not

deemed or construed to exempt the railAA'ays by this Act authorized to provimons\')f future

b(! made from the provisions of any general Act relating to this Act

or of any general Act relating to raihvays in this Colony Avhich may ‘	'
hereafter pass during the present or any future Session of tlu' Legis- hiturt; or from any future alteration or repeal of this Act under the authority of tlu; Legislature.

68. And be it enacted That it shall bc laAvful for the said î «wcr to raise a

company to raise any turther sum or suras oi money not exct'cding sium hoi,krs or 1)3"

altogether four hundred thousand pounds in addition to tho said

admission of

1 j i

^ 1

1 new subscribers.

(capital OI one nunrlred tuousand pounds lor executing completing and maintaining the railways and other Avorks herchy authorizetd and the said company arc hereby authorized and empowered to raise any such furtlu'r sum or sums by contribution amongst themselves or by tlu' admission of oth(;r persons or subscribers to tlic said company find by issuing new shares of five pounds each to such contributors or sub scribers but so that each such contributor or subscrilu'r shall not p;iy a

li'ss jirice th.an five pounds for each neiv share and that all such new

shares shall bc and be d(;emcd personal estate and be transmissible accordingly find every corporation and j^erson aaTio shall coniribuie and pay upon or in n-spifct of such ncAv shari's or Avho mtiy become entitled thereto and their several and respective successors executoi's fidniinistrators and fissigns shall be find are hereby dei'larcd to be OAvners or jiroprietors of shares in the said company find shall becomc unitifd to and incorporated with the said company.

69. Provided ahvays and bo it enacted That Avhen and as from Pre-omi.tion (oju-o-

ncAV shares under the provisions of this Act they shall by a circular

hitter to be sent by post or othcrAAusc and addressed to (‘ach of the

then proprietors of the present shares in tho said company signify the

numher of ncAV shares proposed to bc issued and the loAvcst price

intended to be taken for the same respectively and tlu' proprietors of

such present shares shfill Avithin a period to be stated in such circuhir

letter but not less than thirty days from the sending thereof he entitled

to the option of taking fill or any of such shares so to be ncAidy created

in preference to any other person and that such of the said proprietors

of present shares avIio within such period of thirty days may signify in

time to time the directors of the said company sluili determine to issue sUmes. ” to and left for them fit ihe office of the said company their desire to

partake

164

13* VIC.

1849.

Sydnei/ Railway Company.

partake in tlie distribution of such new shares shall as between them selves he entith'd to have so many of such newly created shares allotted to them respectively as shall be in proportion to the number of present shares in the said undertaking then belonging to them respectively.

After pre-emption

had by original pro

70. And be it enacted That in case any proprietor of present

prietors new shares	shares in the said undertaking shall not within the period to be fixed
to be dî p̂osed of by
the directors.	for such purpose hy the directors of the said company (and which shall not be less than thirty days) pay the price or deposit to be required on any newly created share to be allotted to him then (and without prejudice to the remedies of the said company against any such jiroprictor or subscriber Avho shall neglect to pay on his neivly created share) it shall be laivtul for the said directors to allot any sucli share to any other proprietor or person whomsoever at such price for each such share as the said directors may think proper but not less than fiA'e pounds for the ssime respectively.
raise an aclditiojial

Proprietors may

71. And bc it enacted That in case it shall at any time he

sum if necessary by

thought expedient by the said company to raise any sum or sums of

mortgage.

money by way of loan it shall be hiAvful for the said company by any order of any general meeting of the said company to borroAV and take up at interest in addition to the money which the said company are authorized by the eleventh clause of this Act to receive and advance from the shareholders any such sum as to them shall seem meet and convenient not exceeding at any time one-third of the amount of the capital of the said comjiany then actually paid up and the said company or the directors of the said company after an order shall have been made for that purpose by any general meeting are hereby authorized and empowered to assign the property of the said company and the rates arising or to arise by virtue of this Aet or any part thereof (the costs and charges of assigning the same to be paid out of the said rates) as a security for any such sum of money to be borrowed as aforesaid with interest to such person or to his trustee as shall advance the same all which said mortgages or assignments shall bc made under the common seal of the said company and in the words or to the effect following (that is to say)—

Form of mortgage.

“ No.

“ The Sydney Hailway Comjiany by virtue of an Act passed in

“ the thirteenth year of the reign of Her Majesty Queen “ Victoria intituled ‘ A n A ct to incorporate a Company to “ be called “ The Sydney Railioay Company’” in considera- “ tion of the sum of paid to the said com-

“ pany by

doth

“ assign unto the said his {or her) “ executors administrators and assigns the said company’s “ undertaking and all and singular the rates arising by “ virtue of the said Act and all the estate right title and “ interest of in and to the same To hold unto the said “ his {or her) executors administrators and assigns

“ until the said sum of

together with interest

“ for the same after the rate of for every one “ hundred jiounds for a year shall be fully j)aid and satis- “ fied Given under our common seal this day of

“

in the year of our Lord 18

.”

And all and eveiw the person and persons to Avhom such mortgage or assignment shall be made shall be equally entitled one with the other to his her or their proportion or proportions of the said rates and premises according to the respective sums in such mortgages or assign ments mentioned to be advanced without any preference by reason of the jariority of date of any such mortgage or assignment or any other account whatsoever and an entry or memorial of every such mortgage

1849.

13*̂ VIC.

165

Hinlnei] llailwau Company.

or assii^nmcnt containing tlic number and date tlicrcof and the name or names of the person or persons with the proper additions to whom the same shall have been made and of the sum borrowed together with the rate of interest to be paid thereon shall within fourteen days next after the date thereof be entered in a book or books to be kept by the (̂ Icrk or otlier oflicer ot‘ the said company which said book or books sliall and may be ])erused at all reasonable times by any of the jiro- ])rietors or creditors of the said company or other person interested therein Avithout fee or reward and every person to Avhom any such

mortgage or assignment shall have been made as aforesaid or aa Iio

shall lie entitled to the money due thereon shall and may from time to time transfer his right and interest theri'in to any person Avhom- soever Avbicb transfer shall or may be in the Avords or to the elfect following (that is to say)—

" 1 {or Ave)

in consideration of the sum oi'

“ paid by

do hereby transfer a certain

° '

" mortgagi' number

made by the Sydney ItailAvay

“ Company bearing date the

day of

“ for securing the sum of and interi'st and “ all my (or our) right aud jiroiierty therein to the said “ bis {or her) (‘xecutors administrators aud

“ assigns

Dated this

day of

in the

“ year of our Lord 18

And every such transfer shall AA'ithin twenty-eight days after the date thereof be produced to tlu' manager or clerk of the said company Avho shall cause an entry or memorial to be made thereof in the same manner as the original mortgages or assignments for Avhich the said clerk shall be paid sueh sum as the said company shall appoint not ('xceeding tAVo shillings and sixpence and after suck entry made every transfer shall entitle such assignee his executors administrators and assigns to the full benetlt thereof and payment thereon and it shall not bo in the poAver of any person Avho skall have made such transfer to make void release or discharge the same or any sum of money t hereon due or thereby secured or any part thereof.

72. And be it enacted That the interest of the money Avhich bori.owed*̂ toT)e’paid

sliall bc raised by mortgage as aforesaid shall be paid half-yearly to in picfenenoe to

the several persons entitled thereto in preference to any interest or dividends due or payable by virtue of this Act to the said shareholders or any of tlunn and sliall from time to time be fully paid and dis charged or proA'ided for liefore tho yearly or other interest or dividends due to the said shareholders or any of them shall be paid made or provided and in case the same or any part thereof shall be behind and unpaid by the spact; of tAventy-ono days next after the same shall have become tine and payable as aforesaid and the same shall not be paid Avithin seven days next aftin- demand thereof in writing shall havi; been made to tho said company or left at the office of the said company it shall bc lawful for tAvo or more Justices of the Peace acting in and for the city of Sydney aforesaid and they are hereby required on request to them made by or on behaU' of any mortgagee Avhose interest shall bo so in arrear by an order under their hands to ap])oint one or more person or persons to receive the Avholc or such part of the said rates as are liable to pay such interest so due and unpaid as aforesaid and the money so to he rcceiA'cd by such person or persons is liereby declared to be so much money received by or to the use of the person to Avhom sueh interest shall be then due until the same together Avith the costs and charges of recovering and receiving the rates shall be fully satisfied ami paid and after such interest ami costs shall have been ])aid and satisfied the poAver and authority of such receiver and reeeiA ers for the purposes aforesaid shall cease and

determine

166

13« VIO.

1849.

Sydm y Itailioay Company.

determine or otlierwise the said interest so due and unpaid as aforesaid shall he sued for and reeovered with costs hy an action of debt in Her Majesty’s Supreme Court of New South Wales.

Mortgagees not to

73. Provided always and he it enacted That no person to whom

vote.

any such mortgage or assignment shall he made or transferred as aforesaid shall hc deemed a pro]irietor of any share or shall he ctapahle of acting or voting hy virtue of such assignment either as principal or hy proxy as such at any meeting of the said company for or on account of his having lent or advanced any sum of money on the credit of any such mortgage or assignment.

In case mortgages	74. And hc it enacted That in case the said company shall
paid off power to

raise the amount	raise any sum or sums of money by mortgage and shall afterwards he
again.	required or he desirous to pay off and shall pay off all or any part of the principal sum secured by sucli mortgages or any of them then and in every such case it shall he lawful for the said company and thciy are hereby authorized and empowered immediately or at any time or times thereafter again to raise in lieu of the principal money so paid off or to hc paid off hy them so much and such sum and sums of money as they shall from time to time have paid off or hc required or be desirous to pay off to the holders of the mortgages or any of them or any part thereof and so from time to time as often as the same shall happen hut so nevertheless that the mortgage debts of the said company shall not in any event exceed one-third of the amount of the capital of the said company actually paid up.
mortgage property

Company m.ay

7o. And he it enacted That in case Her Majesty’s Government

and tiie rates there	of the said Colony shall at any time enter into any agreement with
from as security for
dividend or interest	the said company to guarantee to the shareholders of the said company
guaranteed hy	the payment of any sum or sums of money either as a dividend or as
Government.	interest on tho paid up capital of the said company at any rate to he agr(!ed on between Her Majesty’s said Government and the said company it shall he lawful for the said company (if Her Majesty’s Government shall require the same) to assign or mortgage the pro perty of the said eompany and the rates arising or to arise hy virtue of this Aet or any ]>art thereof as a security for any such sum or sums of money as shall he so guarantc^ed to hc paid hy tlie said Government to the shareholders of the said company in pursuance of sueh guarantee.

Appliciitiou of money

76. And hc it enacted That all the money to he raised hy the

to be raised.

said company hy virtue of this Act shall he laid out and applied in the first place for and towards the payment discharge 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 he applied in and towards the purchasing of lands and grounds the making completing and maintaining of railways ways wharves quays tunnels bridges and other works and other the purposcs of this Aet.

Names of proprietors

to ho recorded in the

77. ./ind he it enacted That the manager of the said company

Registrar General’s

shall within thirty days from and after the first day of January in each

Office.

and every year or as soon thereafter as may hc practicable cause a true and correct list of the names of all the persons who shall hc then existing proprietors or shareholders of the said company with their respective places of abode and descriptions verified hy a deedaration to be made hy such manager secredary or chief clerk in pursuance of the Act of the Governor and Legislative Council mentioned in the nineteenth clause of this Act to be recorded in the office of the Registrar General of the said Colony and the same shall be open for inspection at all reason ahle times hy^any person requiring the same on the payment of a fee of one shilling for each such inspection and if any such manager shall omit or neglect to cause such list to he recorded in manner aforesaid or shall wilfully falsify any such list he shall he suhject and liable to a

penalty

1849.

13° VIC.

167

Sydney Mailway Company.

penalty of one Imndred pounds to be recovered by an action of debt in tbc Supreme Court or any otluu’ Court of competent jurisdiction of tbe said Colony or its d(ipendencies by any person who shall sue for tin; saiiK' Provided always that such action shall be commenced within two years from the time tbe offence sliall be alleged to have been (!ommitted.

78. And bc it enacted That every person whose; name; sliall be Personswhusenames

so recorded as aforesaid shall be considered taken and held to be a dee,5j®‘'rproprWon

projirietor or sbareliolder of tbe said company and shall be liable' as

such until a ne;w list of the names of tbe proprietors or sbax’ebolelers

of tbe said company shall be recorded as aforesaid or until be sliall

have; given notice in the New Soulh Wales Government Gazelle of bis

retirement from the said company Provided however that nothing

lierenn contained shall be deemeel or construed to absolve any person

from liability on account of any debts inciirre'd by the said comjiany

eluriug the; time such person remained a proprietor or member the'reof

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 tbe jirovisions of this Act.

79. And be; it cnactenl That if any person shall make and sub- False iieciaiation.

scribe any ol‘ the; elee;larations rcejuired by this Act to be made anel shall w'ili'ully make therein any false statement as to any mate;rial particular the ])ci‘son making the same; shall he eleemed guilty of a misdemeanor.

80. Anel be; it enacted That if any person shall throw any Penalty on persons

gravel stones or rubbish eir any matter or thing upon any part of any

milwâ

railway tei be made by virtue eif this Act or shall drive or permit to wander stray or be driven upon any such raihvay or the approaches thercte) any horse ass shce;p swine or other beast or cattle of any kinel eir shall wilfully obstrueit hinder or prevent any person in the execu tion of this Act or shall do any other act matt(;r or thing to obstruct the free passage of any such railway or any part thereof every person so offending in any of the cases aforesaid shall forieil. and pay to the said company for every such offence any sum not exceeding ten pounds and such penalty may be recovered in a sum- marv way by the order and adjudication of anv two Justices of the Peace on complaint to them for that purpose exhibited by the oatli or affirmation of any jicrson.

81. And be it enacted That if any person shall wilfully or Punishment tor

maliciously and to the prejudice of the said company break injure damage throw down destroy steal carry or take away any part of any railway or other works to bt; made by virtue of this iVct every such person shall be judged guilty of ielony and every person so offending and being thereof lawfully (.‘onvicted shall bo liable at tbe discretion of the Court to be transported beyond tbe seas for life or for any term not less than seven years or in mitigation of sucli punishment tho Court before wliom such person shall be tried may if they think lit award such sentence as the law directs in cases of petty larceny.

82. And be it enacted That if any person shall wilfully obstruct Penalty for obstruct

or impede any officer or agent of the said company in the execution

of Ids duty upon any railway or upon or in any of the stations or trespassing upon any

other works or premises coniu'cted therewith or if any person shall

wilfully trespass upon any such railway or any of the stations or other

works or premises connected therewith and shall refuse to quit tlu;

sanu; ii})on requt;st to him made by any officer or agent of the said

comjiany every such person so offending and all others aiding or

assisting therein shall and may be; seized and detained by any such

officer or agent or any person whom he may call to his assistance until

such offender or offenders can bc conveniently taken before some

Justice

168

13° y io .

1849.

Sydney Hailway Company.

Justice of the Peace in the district or place wherein such offence shall he committed and when convicted before such Justice as aforesaid (who is hereby authorized and rtiquired upon complaint to him upon oath to take cognizance thereof and to act summarily in the ])remises) shall in tlie discretion of such Justice forfeit to Her Majesty any sum not exceeding five pounds.

No action to be

83. And be it enacted That no action or suit at law or in equity

donê by anSity brouglit 01’ pi’osccuted against the said company or any of its this .'Vet uiiiess with-officers Ol’ memlici’s for any act matter or thing doiu; under the okMice orcaua'e of authority of this Act unless such suit or action shall he commenced

within six months next after the offence shall have been committed or cause of action accrued and notice in writing of such action and the cause thereof shall be given to the defendant one calendar month at least before the commencement of the action and the defc’ndant or defendants in every such action may plead the general issue and give this Act and the special mattei’ in evidence at any trial to be had thereupon.

Rules for the inter-

8 t. And bc it enacted That where in this Act any word is used

pretation of thisAct.

siiigulai’ iiumbci’ ov masculiuo gender only the same shall be understood to include sei eral matters as well as one matter several persons as well as one person and females as well as males and where the Avord “ lands” is used the same shall be understood to include tenements and hereditanumts and Avhere the Avord “ corpora tion ” is used the same shall be understood to mean any body politic corporate or collegiate civil or ecclesiastical aggregate or sole aiid Avh ere the word “ railway” is used the same shall be understood to mean aud comprehend e\’ery road constructed by the said company AA’hich shall be used or intended to be used for Ihe purpose of a railAA’ay or railways or tramroad or tramroads unless in any of the cases afore said it be otherAA’ise specially provided or there be something in tbe subject or context repugnant to such construction.

Publie Act.

85. And be it further enacted That this Act shall l)c deemed and taken to be a public; Act and shall be judicially taken notice ol‘ as such by all Judges Justices and others without being specially pleaded.

SCHEDULE A.

FORM OP CERTIFICATE OF SHARE.

The Sa

'dney Rail\V-a.y Company.

No.

This i.s to certify that A. B. of

is the proprietor of

the

share (or shares) numbered

of the Sj'dney Railway Company

subject to the regulation.s of tho said company.

Given under the common seal of the company the

day of

in the year of our Lord one thousand eight hundred and

ANXO