Tarrawingee Tramway Act Amendment Act 1892 (NSW)

tau> iw».. An Act to amend the “ Tarrawingee Tram­

way Act of 1890.” [1st April, 1892.]

"I'^THEREAS all rights, powers, privileges, benefits, and advan-

Preambie.

y yj tages Conferred on James Smith Eeid in the “ Tarrawingee Tramway Act of 1890” (hereinafter called the said Act) mentioned, have been assigned to the “ Tarrawingee Elux and Tramway Company (Limited),” (a Company duly incorporated, and hereinafter referred to as “ the said Company”). And the said Company has constructed a tramway connecting the extension of the Silverton Tramway with the flux quarries mentioned in the said A ct: And whereas it would be greatly to the interest and convenience of the inhabitants of Broken Hill and surrounding districts that the said Company and its assigns should he authorised to use the said tramway for the carriage of passengers and goods generally, as well as for the purposes mentioned in section five of the said A c t: And whereas it is expedient that the said Act should he amended ; Be it therefore enacted hy the Queen’s Most Excellent Majesty, hy and with the advice and consent of the Legislative Council and Legislative Assembly of New South Wales

in Parliament assembled, and hy the authority of the same, as follows ;—■

Carriage of 1 . Notwithstanding anvthino: in the said Act contained, it shall

dise, &o., &c. be lawrui tor the said Company or its assigns, upon obtaining a cer­ tificate from the Engineer-in-Chief for Government Railways or an

Engineer

1892.   SS*’ VIC.

Tarrawingee Tramway A ct Ameyidment.

Engineer acting on his Ijelialf that passengers may he safely carried upon the said trainnay, to use the said tramnay for the carriage of any passengers, goods, mercliandise, live stock, chattels, and things of any kind whatsoever, upon such terms and conditions as may he determined hy any by-laws to he made as hereinafter mentioned. Section one of the said Act shall, as from the commencement of the said Act, he read and construed as if liberty to deviate from the route mentioned in the Schedule to the said Act within the Power to deviate.

limits of deviation mentioned in tlie said Schedule, and to take and use so much of any roads, streets, lands, and reserves within the said limits of deviation as miglit he required for the purposes of the tramway, had been expressly given by the said section.

2. I t shall he lawful for the said Company or its assigns from Power to make by­

time to time to make siudi by-laws for regulating its affairs and the management of the ti'amway and any buihlings and works connected therewith, and for fixing the tolls, rates, fares, and charges for the carriage and conveyance of passengers, goods, merchandise, chattels, live stock, and other things of every description thereon as it may tliink advisable, and for all ])urposes which are usually comprised in by-laws of any tramway or railway companies : Provided that such by-laws shall not he repugnaiit to anything contained in this Act, and shall have been approved of by the Governor with the advice of the Executive Council.

3. The maximum tolls, rates, fares, and charges to ho fixed by Kates of fares and

any by-laws made as aforesaid shall not exceed the following, that is

to say:—

(i) Eor passengers, a sum not exceeding threepence each per mile.

(ii)  Eor goods, merchandise, chattels, and things other than live stock (in quantities not less than one ton) a sum not exceed­ ing sixpence per ton per mile.

(ill) Eor live stock (in quantities not less than one truck load) a sum not exceeding sixpence per head per mile.

Provided that this scale of charges, except for passengers, shall only apply for distances above ten miles.

4. All such tolls, rates, fares, and charges shall he at all times Toils, rates, &c.

charged equally to all persons, and after the same rate in respect to all passengers, goods, live stock, chattels, and other things as aforesaid of the like number or quantity on carriages of the same description, and conveyed or propelled by a like carriage or engine or other motive power passing only over the same portion of the tramway under the same circumstances, and no reduction or advance in any such tolls, rates, fares, and charges shall he made either directly or indirectly in favour of or against any particular person or corporation travelling upon or using tbe tramway.

5. All hv-laivs made under this Act shall be published in the Publication ot by-

✓ V j j » 1 • j i P 1 1 1 1 1 * l * j 1 * 111 WS 111 O’ 0

(jrovernment Gazette, and copies thereof shall be exhibited in some oazette.

conspicuous place at the principal office of the said Company or its

assigns, and at every station on the tramway, and production of a copy

of the Government Gazette jnirporting to contain any by-law shall be

frim a facie proof of the making thereof.

0. Any by-law made under this Act may impose reasonable offences

penalties for oifcnccs against the same not exceeding five pounds for	‘
each offence, with or ivithoiit furtlu'r penalties for continuing otfcnces, not exceeding for any continuing offence one ])ound for every day during which the offence continues, and any such penalty may be recovered by summary proceedings before a Justice of the Peace.

55" VIC. 1892.

Fine Rklge Tramwaij.

Iilftbillij for injiirlcfl. 7. The said Company ov its assigns shall ho responsible for all injuries eansod by the negligent or improper constniction, main­ tenance, or working of the saiil tramway, and all claims in resjicet of such negligence and improper construction, maintenance, or working may be enforced against the said Company or its assigns : Provided that the damages ■which may be recovered against the said Company or its assigns in res2iect of any such claim shall, in addition to all other remedies for their recovery, be a first ebarge upon tbe tolls, rates, fares, and charges charged for the carriage of ])assengers on the said tramway and upon all property used in and u|ion and necessaiy for the working of the said tramway.