An Act to incorporate " The Wagga Wagga
| Bridge Company." | [5th December, | 1861.] |
| W H E R E A S | a jo in t | stock | company | lias been | la te ly established |
| at W a g g a W a g g a in t he | Colony of N e w | South | Wales unde r |
t he n a m e of " The W a g g a W a g g a Br idge Company " and subject to t he art icles and condit ions contained in a certain inden tu re of settle m e n t of t he said company hereinafter styled " t h e s e t t l e m e n t "
| bear ing date t h e twen ty - th i rd day of | A u g u s t | one | thousand | eight |
| h u n d r e d and | sixty | A n d whereas | by t h e said | se t t lement | t h e | several |
par t ies there to have reciprocally covenanted t h a t they and all fu ture propr ie tors of shares in t he said company should become a company under t he n a m e aforesaid for m a k i n g complet ing and ma in t a in ing a
| substant ia l | br idge | over | t he | E l v e r | M u r r u m b i d g e e | a t W a g g a W a g g a | a t | a |
| site which has been approved by t h e Governmen t and for t he | au thor i ty |
to receive tolls a t such br idge A n d whereas t h e said br idge would be great ly for the benefit of the publ ic generally as well as of t he inhabi t an t s of W agga W agga and its immediate ne ighbourhood A n d whereas by the said se t t lement provision has been made for t he due m a n a g e m e n t of t he affairs of t h e company by directors to be elected as there in ment ioned and t h e first such directors are there in and hereinafter named A n d whereas t he capital of t he said company is by t he said inden tu re fixed for t h e presen t at t he sum of four t housand pounds wi th power if deemed expedient to increase t he same A n d whereas shares in t h e said company to t he whole a m o u n t of t he said capi tal
| have a l ready been allotted and t aken | and t h e sum | of four | h u n d r e d |
pounds has been actual ly paid u p in pa r t of t he said a m o u n t A n d whereas t h e said company have obtained leave and license from t h e Crown to use and appropr ia te for all necessary purposes of t he said br idge and the approaches the re to such lands of t h e Crown as are hereinafter ment ioned A n d whereas t h e said company arc desirous of
| be ing incorporated and i t is expedient t h a t t he said company | should |
be incorporated accordingly Be i t therefore enacted by t h e Queen ' s Mos t Exce l len t Majesty by and wi th t h e advice and consent of t he Legislat ive Council and Legislative Assembly of New South W a l e s in
| P a r l i a m e n t | assembled and by the au thor i ty | of t h e same as | follows— |
1. The persons who have a l ready become or who a t any t ime hereafter shall as provided by and subject to t h e ar t icles and con ditions conta ined in t he said se t t lement become propr ie tors of shares in t he capi ta l of t h e said company shall be one body polit ic and corporate by t h e n a m e of " The W a g g a W a g g a Br idge C o m p a n y " hereinafter styled " t h e c o m p a n y " and by t h a t n a m e may sue and be sued in all Cour ts and shall have pe rpe tua l succession and a common seal and be empowered to t ake purchase hold al ien and demise land for t he purposes of th is A c t and shall have and enjoy all o ther t h e r igh t s privileges powers and author i t ies of a corporat ion for any l ike purpose .
2. The several provisions in t he said se t t lement and all regula t ions or by-laws made t he r eunde r shall be t h e by-laws for t h e t ime being of t he said company wi th power to t h e said company to al ter vary or repeal t he same or any of t h e m and to m a k e o thers not inconsistent wi th or r epugnan t to th is Ac t or any law or s t a tu te now or hereafter in force in t h e said Colony or in Great Br i t a in Provided tha t a t rue copy of t h e said se t t lement and of any by-laws to be m a d e the reunder a t tes ted by th ree directors of t he company shall be
| registered at t h e office of t h e Reg i s t r a r Genera l before | such | by-laws |
| shal l be valid. |
| 3. Freder ick Anslow Tompson George F o r s y t h | Al len | Bradley |
| M o r g a n | H e n r y | Baylis | and H e n r y Wal lace shall he t he | first | directors |
of t he said company.
4<. The capital of t h e said company shall he four thousand
| pounds | Provided t h a t i t shall he lawful for t he said company | from |
| t ime to t ime to ex tend t h e same by the creat ion a l lo tment and | disposal |
| of new shares in t he m a n n e r set for th and subject to t he art icles | a n d |
| condit ions of | t h e said | set t lement . |
5. The capital or jo in t stock and all t he funds and proper ty of t h e said company and t h e several shares the re in a n d the profit a n d advantages to be derived therefrom shall be and be deemed personal estate and be t ransferable and t ransmissible accordingly subject to t he
| provisions of | t h e said | se t t lement . |
6. I t shall be lawful for the said company to m a k e and const ruct
a good and substant ia l br idge of not less t h a n twenty-five feet in wid th
across t h e Biver M u r r u m b i d g e e a t a site which has been approved
| of by t h e Government be tween Crampton-s t ree t and | Travers-street |
| in t h e township of W a g g a W a g g a wi th all necessary wharves | piers |
e m b a n k m e n t s landing-places bui ld ings gates and other works and conveniences and to m a k e proper roads and approaches to t he said br idge from the exis t ing publ ic s t reets and roads t h r o u g h over a n d a long t h e waste lands of t he Crown cont iguous the re to and upon the complet ion of t h e said br idge to receive and t ake t he tolls for t h e use thereof hereinafter specified Provided t h a t t h e said br idge shall be so
| cons t ruc ted as not to obs t ruc t t h e | navigat ion of | t h e said | r iver t h a t is |
| t o say t h a t a he ight of not | less t h a n | seven feet be preserved between |
| t h e top of t h e h ighes t b a n k | of t h e said river a t | t he site of t h e said |
b r idge a n d the lower surface of t h e said br idge.
| > | 7. I t shal l be lawful for t h e said company the i r directors |
surveyors engineers agents a n d w o r k m e n a n d all o ther persons by t h e m author ized to en te r in to and upon all or any lands of t h e Crown at or nea r t h e site of t he in tended works and to survey and t ake levels of some or any p a r t thereof and to t ake or otherwise ascer ta in and set ou t t he l ines a n d superficial areas of t he proposed works a n d roads in a n d over t h e said lands or such pa r t s thereof as m a y be necessary for t h e lay ing ou t m a k i n g cons t ruc t ing and t h e convenient operat ion of such works roads m a t t e r s "and conveniences as are hereby author ized to be made and also to t ake all such steps as shall be necessary to ascer ta in t h e n a t u r e of t h e soil and subs t ra ta of such lands or any pa r t
| ma te r i a l from such lands of t he Crown which may be proper for | thereof for al l or any of t h e purposes aforesaid and to t ake remove ca r ry away a n d use any ea r th s tone gravel t imber or any o ther |
| m a k i n g | m a i n t a i n i n g | a l te r ing | repa i r ing | or | us ing | the | said | br idge. | |
| 8. A s soon as convenient ly m a y be after t h e complet ion of t he whole work author ized by th i s A c t t h e said company shall absolutely sell and dispose of al l superfluous lands if any which m a y have been purchased by t h e m u n d e r th i s A c t for any of t h e purposes aforesaid a n d shall apply t h e purchase money ar is ing from such sales to t h e purposes of th is A c t or as provided by t h e said se t t lement . |
| 9. I t shall be lawful for t h e said company from t ime to t ime and a t all t imes hereafter t o ask demand t a k e recover a n d receive to a n d for t h e use and benefit of t h e said company all such tolls a n d ra tes as m a y be established from t ime to t i m e by t h e said company n o t exceeding t h e tolls or ra tes specified in t h e first Schedule here to A n d also to t a k e such wharfage or other ra tes or r emune ra t i on from vessels us ing any piers landing-places wharves or places to be con s t ruc ted b y t h e said company u n d e r t h e provisions of th i s A c t as may |
| in l ike m a n n e r be | established. | |
10. The to ta l a m o u n t of debts engagements and liabilities of s tock for t he t ime being subscribed for and actual ly paid.
| t h e | said company shall no t in any case exceed t h e a m o u n t of | capi tal |
1 1 . N o toll shall be demandable or t aken by v i r tue of th i s Ac t
for or in respect of any horses or carr iages belonging to t h e Governor or to any person in ac tua l a t tendance upon h i m or for or in respect of t h e horses beasts car ts carr iages and other vehicles belonging to t he Gove rnmen t and employed a t t he t ime of passing any tol l-bar or toll- ga te a t or upon t h e said bridge in the Government service or for or in respect of any horse or beast or any carr iage or o ther vehicle conveying any c lergyman in t he discharge of his du ty or car ry ing the Pos t Office mai ls nor shall any toll 1 >e demandable or t aken by v i r tue of th i s A c t from any volunteers while on du ty or upon the i r way to or from du ty or from any of H e r Majesty 's officers and soldiers be ing in proper staff or reg imenta l or mi l i ta ry uniform dress or undress in respect of themselves or the i r horses or in respect of any carr iages or horses be longing to H e r Majesty or employed in H e r service when conveying persons baggage a rms or ammun i t i on or r e t u r n i n g theref rom or from any person proceeding to or r e t u r n i n g from divine service on Sundays .
12. I t shall be lawful for t h e said company to cause to be erected toll bars or gates at or upon the said br idge and roads and a t or upon such pa r t s thereof as to t he said company shall seem fit a n d to collect and author ize some fit persons to a t t end the same and to collect and receive tolls the rea t .
13 . A t and from the expira t ion of t h e t e r m of n ine ty-n ine years
t h e said br idge shall be and be deemed a publ ic br idge.
| 14. | I f | t h e | said | br idge | across | t h e | M u r r u m b i d g e e | wi th | t h e |
approaches the re to be no t fully and proper ly completed Avithin th ree years n e x t after t he passing of th i s A c t all t h e powers hereby given shall cease and determine .
15. I t shall be lawful for t h e said company to demise and let to farm t h e tolls demandable u n d e r th is A c t a t or upon the said br idge and t h e lessees shall have t he same power of demanding and collect ing a n d t a k i n g t h e said tolls as arc hereby given to t h e said company.
16. Such lessees may while t h e said tolls shall be so leased appoin t such o ther persons as t hey m a y t h i n k necessary to collect demand and t ake t h e tolls so leased and t h e persons so appoin ted m a y use all means for t h e recovery thereof in t h e case of nonpaymen t or evasion as t he said company a n d such lessees m i g h t or could do unde r
17. I n case t h e tolls demandable a t or upon the said br idge shall be so demised a n d t h e lessee shall neglect or refuse to perform t h e con dit ions on which t h e same shall be le t or in case t he r e n t agreed to be paid by such lessee or any p a r t thereof shall be in a r rcar for fourteen days nex t after the day on which the same ought to be paid or t h e t e r m for which such lessee held t he same shall in any m a n n e r become void or voidable i t shall be lawful for any Jus t i ce of the Peace upon complaint m a d e upon oath by or on behalf of t h e said company by w a r r a n t u n d e r h i s hand and seal to order a constable or o ther peace officer wi th such assistance as shall be necessary to en te r upon and t ake possession of t h e said br idge a n d t h e toll-house a t or u p o n the same and all bui ld ings and appur t enances there to be longing and to remove or p u t out such lessee and t h e collectors keepers servants or o ther persons found the re in toge ther w i th the i r goods from t h e possession thereof and from the collection of t h e tolls in respect thereof and t h e lease con t r a c t or ag reement for t h e same shall thenceforth cease and be u t t e r ly void except as to t h e condit ions and agreements for paymen t u p to t h a t t ime of t h e r en t payable for t he same or t h e o ther condit ions or
agreements
agreements contained the re in on the lessee's pa r t and which shall have been broken and t h e same tolls may be demised to any other person a n d m a y in t he m e a n t ime be collected by t h e said company his or t he i r servants and agen ts .
| 18 . I n case any lessee of the said tolls shall on t he | expira t ion |
of t he t e r m for which the same shall have been demised neglect or refuse to deliver u p to t he said company or to any new lessee posses sion of any toll-house a t or upon t h e said br idge or any bui ld ings and appur t enances there to be longing i t shall be lawful for any Jus t i ce of t h e Peace upon compla in t made upon oa th by or on behalf of t h e said company by w a r r a n t unde r his h a n d and seal to order any constable wi th all such assistance as shall be necessary to enter upon and t ake possession of such toll-houses bui ld ings and appur tenances and to p u t ou t such lessee collectors keepers servants a n d other persons found, the re in toge ther w i th the i r goods and chat te ls from the possession
thereof.
19. The said company or the lessees of t he said tolls for t he t ime be ing in receipt thereof are hereby requi red to p u t u p and cont inue in some conspicuous place a t or near any toll-gate or a t and upon any toll house a t or upon t h e said br idge a table pa in ted in dist inct legible b lack le t ters on a board wi th a whi te g round conta in ing a list of t h e tolls payable at t he said br idge d is t inguishing severally t he a m o u n t of toll and the different sorts of cat t le beasts carriages or o ther vehicles for which t hey are severally to be paid w h e n there shall be any var ia t ion the re in and the said company and lessees shall place in some con spicuous posit ion near to such board t he chr is t ian and su rname of t he collector or keeper of t he said tolls who shall be on du ty for t he t ime being and shall cont inue t he same dur ing the whole t ime such collector or keeper shall be on du ty and shall change such n a m e according to every change of such collector or keeper and if t he said company while they shall t ake t he said tolls or the i r lessees shall neglect or refuse to p u t u p such table or such n a m e or if t he collector or keeper of such tolls shall no t be in a t t endance a t all t imes by day and by n i g h t at t h e place a t which he is s ta t ioned or ough t to be or shall d e m a n d a n d t ake a grea te r tol l from any person t h a n he shall be au thor ized to do or shall refuse to pe rmi t any person to read or shall i n any m a n n e r h inder or prevent any person from reading t h e inscr ip t ions on the said boards or any name so fixed u p as aforesaid or shal l refuse to te l l his own chr is t ian n a m e and su rname to any person who
| shall demand to know t h e same on pay ing any of t h e said tolls or |
| upon the legal tol l be ing tendered or paid shall unnecessar i ly | de ta in |
or wilfully obs t ruct h inde r or delay any passenger from going t h r o u g h any tol l -gate such collector shall be liable for every such offence to a penal ty not exceeding forty shil l ings.
| 20. | I f | any person liable to t he p a y m e n t of any toll u n d e r th is |
A c t shall after demand neglect or refuse to pay the same or any p a r t thereof i t shall be lawful for any person hav ing r igh t or au tho r i t y to collect t he same to prevent such person from passing t h r o u g h the tol l -gate and to close and fasten t h e same a n d to keep t h e same closed and fastened u n t i l such toll be paid.
2 1 . I f any person shall resist or forcibly oppose or assaul t any
| person hav ing r igh t or au thor i ty to collect t he said tol l in t h e | execu |
| t ion of his d u t y or shall pass t h r o u g h | any | tol l -gate a t | or upon | t h e |
said br idge wi thou t pay ing the legal tol l to which he is liable or shall f raudulent ly or forcibly evade or do any act whatever in order or w i th in ten t to evade t h e p a y m e n t of such tol l and whereby the same shal l be evaded every such person shall for every such offence be liable to a pena l ty not exceeding five pounds .
22. I f any lessee or collector of tolls under th i s A c t or any keeper of a gate a t or on t h e said br idge shall upon the legal toll be ing tendered or paid unnecessar i ly or for an unreasonable t ime detain or wilfully obs t ruct h inde r or delay any passenger w i t h or wi thou t his horses beasts carr iages car ts and o ther vehicles from passing over t he said br idge or if any such lessee or collector of tolls or keeper of a ga te on the said br idge shall m a k e use of any uncivi l scurri lous th rea t en ing or abusive l anguage or behaviour to any t ravel ler or passenger over t h e said b r idge such lessee or collector of tolls or keeper of a ga te shall be l iable for every such offence to a penal ty not exceeding
23. I f any person liable to t he paymen t of any toll unde r th i s A c t shall after demand thereof neglect or refuse to pay t h e same or any p a r t thereof i t shall be lawful for t he person hav ing r igh t or au tho r i t y to collect such tol l by himself or t ak ing such assistance as he shall t h i n k necessary to seize and dis t rain any horse beast cat t le sheep carr iage or o ther t h i n g u p o n or in respect of which any such toll is imposed toge ther w i th the i r respect ive bridles saddles gear or ha rness and if t h e toll or any pa r t thereof so neglected or refused to be pa id and all reasonable charges of and a t t end ing such seizure shall no t lie paid wi th in one day thereaf ter t he person so seizing and d is t ra in ing may sell t h e an imal or t h i n g so seized r e t u r n i n g to t h e owner upon demand the overplus of t h e proceeds (if any) and wha t
| shall | r e m a i n | unsold . |
24i. I f any person shall wilfully or maliciously injure pul l or cu t down p l u c k u p t h r o w n down break level or otherwise destroy or damage any tol l-gate or any chain post rai l wall bar or o ther fence or a n y l a m p be longing to any tol l -gate at or upon the said br idge or any house erected for t he use of any such toll-gate or any table of tolls such person shall be liable for every such offence to a pena l ty not exceeding t e n pounds over and above t h e damages occasioned the reby t h e whole to be recovered as if i t were a pena l ty only.
25. Al l horses cat t le sheep and other beasts for which toll shall be payable unde r th is Act shall be counted by the lessee or collector of tolls unde r th i s Act or keeper of t he gate a t e i ther side of t he said br idge before such horses cat t le sheep or other beasts shall pass over and off t h e said br idge.
26. The said company shall have as agains t all persons except
t h e Crown the absolute and exclusive r i g h t of ferry over and across
t he said l l ivc r M u r r u m b i d g c e for t h e full a n d clear distance of two
| miles on each side of t h e said br idge u p and down the said r iver and |