The Pyrmont Bridge Company's Act of 1855 and 1858 No pbc (NSW)
An Act to authorize additional Works by the
Pyrmont Bridge Company and to amend their
| Act of Incorporation, | \ilth October, 1858.] |
\ \ T IIEUEAS the Pyrmont Bridge Company incorporated by anProamMe.
| V V | Act of Council passed in the nineteenth year of Her Maiestv’s i<) vic. |
reign and assented, to on the fifteenth day of December in that year company Act entered into a contract for the construction of a road from sucli bridge through Pyrmont and the Ultimo Estate to a point in Blackwattle Bay oj)positc tin; Lyndhurst Estate at the Globe a good and substantial viaduct with a bridge in the centre across such liay to the Lyndhurst Estate and thence a road through the said estate crossing the Glebe Boad along the Hereford Hoad towards the Parramatta lload at or near to Camperdown And whereas the said works are in progress And whereas the shareholders of the said company have by an indenture blearing date; the twenty-second day of April one thousand eight hundred and fifty-seven covenanted and agreed among themselves that the making constructing and maintaining a bridge across Johnson’s Bay in Darling Harbour to Glebe Island with such roads ways and approaches to such bridge for the connection thereof with the bridges or bridge and viadud authorized by the said recited Act and with the Parramatta and Balmain Hoads and such other public roads and ways
have nearly completed a bridge across Darling Harbour from the
as
| 544 | 22̂ VIO. | 1858. |
Pyrmont Bridge Company.
as should at any time hereafter be deemed desirable should form part of the objects of the said company as completely and effectually as if the same had been enumerated among the objects in the second claust; of the deed of settlement of the said company And whereas it is expedient to authorize the said additional works and to enlarge tin; powers and authorities of the said corporation for the purposes of th(̂ said additional works and to extend the provisions of the said recited Act and to amend the same in certain respects Be it therefore enacted by the Queen’s Most Excellent Majesty by and with the advice and consent of the Legislative Council and Legislative Assembly of New South Wales in Parliament assembled and by the authority of tlu; same as follows—
Power to construct
| new bridge over | 1. I t shall be lawful for the Pyrmont Bridge Company herein after styled “ the corporation ” in addition to the woiLs authorized by the said Act and to the works before mentioned as being in progrc'ss to make and construct a good and substantial bridge of not less than thirty feet in width with all proper protection for foot passengers by the erection of rails on either side of such bridge between the outer rail of the bridge and the roadway across Johnson’s Bay Barling Harbour to Glebe Island with a movable portion to form an opening of thirty-five feet wide and with sufficient mooring by which to warp vessels lioth ways through the said opening and to make and construd such roads ways and approaches to such bridge for the connection thereof with the bridges or bridge and viaduct authorized by the said Act and with the Parramatta Hoad and the Balmain Ptoad and t!ie roads or works now in progress of being made or authorized to be made and 'with any other public road or way as may hereafter b(̂ determined upon by the corporation and be sanctioned by the Governor with the advice of the Executive Council and to erect and provide such buildings engines machinery landing-places and other appliances and conveniences as the corporation may dtaan necessary for the construc tion and making of such bridge roads ways and approaches and for the use and purposes thereof and for facilitating the Avorks objects and purposes of the corporation under this and the said recited Act. |
| Joliiison’s Bay. | |
| Power to make | |
| deviations. | 2. I f it shall appear to the said company at any time or from time to time advisable to deviate from the lines of road or from any other Avorks shewn in any map or plan previously laid before and approved of by the Governor and Executive; Council the company may and they are hereby authorized and empoAvered to make such devia tions (so that the same do not interfere; with any termini) and the map or plan to be laid before the Governor and the Executive Couneal Avhen approved of shall be taken to be; in substitution of the map or plan previously approved of and all the subseepent works of the company shall be carrieel on Avith respect to such lines of deviation and other Avorks as though they h;id been contained in the original ma]) ew plan laid before and approAa;d of by the Governor anel Council ami all the poAvers liabilities and authorities of the e;ompany shall attae-li as though they had been so included in such original map or plan ProAuded that in making such roads Avays and approaches the said corporation shall as far as practicable adopt such lines of roads or streets as shall have been previously laid out or planned by the pro prietors of any lands over AA'hicdi the same shall be intended to be made. |
^^f^re Commencing the said bridge over Johnson’s Bay or
| first be fulfilled. ‘ | any other roads or Avorks connected Avith any of the AVorks authorized to be done or in progress of being done or any deviations thereirom the corporation shall and may do or take or cause to be dom; or taken in relation thereto all sueh or the likt; acts steps and pro(;eedings as are directed to be done and taken in relation to the AVorks authorized |
by
| 1858. | 22 ̂ VIC. | 545 |
Ti/rmont Bridge Compaiig.
by tlie said recited Act by the seventh eighth ninth tenth eleventh twelfth and thirteenth sections thereof and shall have sneh and the like powers and anthorities and be subject to sueh and the like liabilities as incident to or consequent iipon such acts steps and proceedings as arc vested in or imposed upon the corporation by the said recited ^Yet as incident to and consequent upon the acts steps and proceedings thereby directed.
4. The lands already taken by the eor])oration for the roads and
works before mentioned and the lands which under the authority and corporation tiieii-
iti accordance with the provisions of the aforesaid Act or of this Atd,
may hereafter be taken by the corporation and the fee simple and lint
inheritance of sueh lands respectively and all the estate use trust and
interest of all persons therein shall be or be deemttd to have been at
the time of sueli taking absolutely vested in the corporation their
successors and assigns for even* without any assurance in the law other
than the provisions of this and the said recited Act.
5. The provisions of the tiftceenth sixteenth and eighteenth p“̂ j;nyp,.ov"ioii3
sections of the said recited Act relating to lands referred to in tlie said of former Act,
fourteenith section shall apply to all lands referred to in the fourth
s(*etion of this Act as completely as if herein expressly repeated and
enacted.
6. In estimating the purchase money or compensation to be
paid under any of the provisions of this Act regard shall be had not only to be estimated.
to the value of the land purchased or taken by the corporation as
aforesaid but also to the damage (if any) to be sustained by tlu; owner
of the lands by reason of the severing of the lands taken from the
other lands of sueh owner or otherwise injuriously affecting sneh other
lands by the exercise of the jfowers of tliis Act and the jury shall
assess tbe same according to what they shall find to liave been the
value of such lands estate or interest at the time notice was given of
such lands being required and without reference to any alteration in
value arising from the works of the said corporation.
7. Upon the completion of the bridge across Johnson’s Bay as Toils tu be taken,
aforesaid with all sueh roads and approaches thereto and therefrom as shall be absolutely necessary for tbe use thereof as a communication to Glebe Island it shall be lawful for the corporation to receive and take the tolls for the use thereof specified in tlu; Schedule fo this Act marked A or sueh other tolls as may from time to tinu* be; approvtal by the Governor with the advice of tin; Executive Council and also to take such wharfage or other rates of remuneration from vessels using any piers landing-places wharv(*s or ])lac(!s eonstruetc'd under this Act as may be approved in like manner.
8. If the said bridge over Johnson’s Bay with tbe
thereto be not Imid fide commenced within one year and fully and two years powers
pi'operly completed within two years next after the passing of this Act
the powers given in and by the same shall cease and determine.
| 9. So mueb. of the forty-seventh and fiftieth sections of the | “47 |
| recited Act as limits tbe amount at any time of any loans to be raist'd | * | ̂ . |
| by the coi*poi*ation shall be repealed. |
10. I t shall be lawful for the corporation for any of the purposes
of the said recited Act or this Act and in tlnj manner ])rovided by and capulr̂
subject to all other the ])rovisions contained in the forty-('ighth and
forty-ninth and except as aforesaid in the forty-seventh and fifti(!th
sections of the said recited Act to borrow" and take nj) at int(*rest in
addition to the money authorized by the said Act to be raised in
extension of capital any such sum as to tbe corporation shall seem
m('ct and eonvt'nient not exceeding at any time the whole amount of
the capital of the corporation then actually paid up.
| 3 z | ‘ | 11. |
| 546 | 22̂ VIC. | 1858. |
Pyrmont Bridge Company.
Loans may be on
| mortgage or deben | 11. Provided always That any such sum may he raised by way by the other of such modes and such debentures shall be made under the common seal of the company in the form or to the effect of the Schedule hereto marked B and shall he transferable by delivery and all the provisions of the said recited Act relating to mortgages and not inconsistent with this Act shall mutatis mutandis apply to such deben tures as fully as if those provisions were herein repeated And every such mortgage and debenture shall be valid and the land and works of the corporation and the tolls and rates payable under this or the recited Act shall be liable to the holders of such mortgages and debentures in the event of such land and works becoming public property and the amount of all such securities shall be taken as part of the money payable in that event by way of compensation to the corporation under the provision in that behalf contained in the recited Act. |
| tures and shall be a | of mortgage or by the issue of debentures or partly by one and partly |
| first charge. | |
| Terms of ultimate | |
| purchase by | 12. I t shall be lawful for the Governor with the advice afore said at any time after the expiration of seven years from the completion of the bridge and roads authorized by this Act to purchase the same with their appurtenances in the name and on behalf of Her Majesty upon giving to the corporation three months notice in writing of the intention to do so and on payment to the corporation of a sum equal to the whole sum expended in constructing and completing the said bridge and its appui’tenances and the roads and approaches thereto together with a premium thereon of ten per cent. |
| Government. | |
| All corresponding | |
| provisions of former | 13. All other the provisions of the said recited Act relating or or expressly varied shall mutatis mutandis be read and construed as if relating or applying to the subject matter of this Act as fully as if the same were herein expressly repeated And the said recited Act and this Act shall subject as aforesaid and so far as may be consistent with the whole context of the several parts of the said Acts respectively be deemed to be one Act. |
| Act applied to this | applying to any of the subject matters thereof and not hereby repealed |
| Act. | |
| Commencement and | 14. This Act shall commence and take effect on and from the day of the passing thereof And the said recited Act and this Act together shall he called and may be cited as “ The Pyrmont Bridge Company’s Act of 1855 and 1858.” |
| short title. |
| S C H E D U L E | A. |
Scale o f Tolls.
The sum of
| For every foot passenger not driving | ................................................. | 2d. |
| ,, | passenger other than the driver in a cart dray or such |
| v eh ic le ............................................................................ | 2d. |
| „ | horse and rider | ................................................................... | 3d. |
| „ | cart dray or other such vehicle with two wheels and |
| drawn by one horse or other a n im a l...................... | 3d. |
| and for every additional horse or other animal ... | Id. |
| „ | wain wagon or other such carriage with four wheels |
| drawn by two horses or other animals | ............ | 9d. |
| and for every additional horse or other animal ... | 2d. |
| gig | chaise or other such carriage with two wheels | ||
| |||
|
coach carriage or other such vehicle with four wheels
| and drawn by one horse or other animal | ............ | 9d. |
| and for every additional horse or other animal ... | 3d. |
sheep lamb pig or goat..........................................................
| ox or head of neat cattle | ................................................. | Id. |
| horse mare gelding a.ss or m u le ........................................ | 2d. |
SCHEDULE B.
| 1858. | 22 ̂ VIC. | 547 |
Saint Philip's Parsonage.
SCHEDULE B.
| Tins debenture entitles the bi'iircr to | sterling (value received) vfhich |
| with interest at the rate of | pounds per centum per annum is hereby charged and |
| secured | upon the property estate and effects of the Pyrmont Bridge Company and the |
| rates and profits arising or to arise by virtue of “ The Pyrmont | Bridge Company’s Act of |
1855 and 1858 ” The interest hereon will be paid half-yearly on or after the first days of January and July in each year respectively on presentation hereof at the office of the company in Sydney. The principal sum will b(̂ paid in years from the date hereof.
| Dated at the office of the Pyrmont Bridge Company | Sydney | and scaled with the |
| common seal of the company this | day of | in the |
year of our Lord one thousand eight hundred and fifty-
| ( l . | s .) | Directors. |
| Entered at the office of the company in the register of debentures and is,sued thi.s | 3 |
| day of | 185 | . |
Secretary.
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