Toronto Tramway Act Amendment Act (1890 No tta) (NSW)

A l l Act to aiiKoid llio “ Toronto Traniway Art

of 1889.” [ T 2 / / / 1890.] —

"VTlTil l^REAS l)v an Act ])ass('d in ilu> ilfty-tliird }a'av oF Her ])resent Prciimbio.

t V Majesty’s voign, iniitnlt'd “ y/M y/r^ to authorize the co)intruc-

tiou (1)1(1 mainteiumce of a Tra))),w(u/ from the Flatfor))), or Statlou knoion as Fassifern, on the Gorcrninent Line of llailway fro))), Sijdneii to Newcastle, and the Toronto Estate at Ijuke M a cq u a r ie the Excelsior Laiid Investment and Enildini:^ Company and Bank (Limited), its suceessors and assigns, was anthorizc'd to make and construct a tram- nay upon a certain route mentioned and described in a Sebedub' to tlie said Act. And nlicreas tbe i^an '̂c oF the said tramway Avas originally intended to be tbrcc leet, but by tlu' said Act it AA‘as enacted that tlu' said gan<̂ c sbould be I'onr feet ei^bt and a half indies, consequently the radii of tbe curves and tbe Avidtb of land autliorizcd to be taken by tbe said Act are noAV considcavd insutTicient for the safe and con­ venient AAorking- oF tbe said tinmway. And Aibereas it is proposcul to deviate from tbe route autboiazed by the said Act and to substitute tberdbr tbe route mentioned in tbe Scbedulc bcrcinafter appearing, and also to obtain antbority to Fak(̂ and use a s^reater width of land as may be required for tbe construction of tbe said tramAvay. vVnd

AAlun'cas it bas been deemed necc'ssary to obtain power to alloAV tbe

2)ul)lic to use their OAvn trucks, Avâ î̂ ons, and locomotive poAver For the carriage of '̂oods over the said traiuAvay. Be it therefore enacted by tbe (Queen’s Most Excellent Alajc'sty, by and Avith the advice and consemt of the Leg'islatiAe Council and Legislative Assembly of N cav South Mbales in Barliament assembled, and by the authority oF the same;, as folloAvs ;—

1.                I t shall be laAvfnl for tbe said Company to take and use so EhIit >iion

miudi of the Crown Lands or streets or roadAvays, and so much of the*'’’

lands oF ])riA'atc jiersons Avhicb are mentioned in the said Schedule as the said Company may require, but so that the same shall not occupy in any ]>art of the said road or street a greater space in Avidth

twenty F(',ei, or in tin; said ])rivat( ̂ or CroAvn Lands a gn'atei' s|)ac(' in

na.v.

breadth than sixty-six feet, including the support and foundations

thereof.

5r YIC. 1890.

Toronto Tramioay Act Amendment.

Tramway open to	2. The said ti’am-\vay shall he open to the public use iipon payment of a toll to the said Company of a sum not exceeding two­ pence per ton per mile or portion of a mile in respect of every ton of goods for every transit; the party seeking transit supplying, loading, and unloading his own trucks or waggons, and the said Company supplying locomotive power; and all trucks when emptied shall he co]iveycd on tlieir return free of charge. Provided always that it shall not he compulsory on the said Company to supply locomotive power unless the party seeking transit guarantee and bring fifty tons at least during the twelve working hours, and give notice of the same at least twenty-four hours previously, The said tramway shall at all times be open to the public upon payment of a toll to the said Company of a sum not exceeding one pemny jier ton per mile or portion of a mile in respect of every ton of goods for every transit, if the party seeking transit supply the locomotive power as well as the trucks and waggons. Provid('d that so long as the Company shall he willing to supply locomotive power no other person, with tlic exception of the Pailway Commissioners of Xcw South Wales, shall use locomotivm power on the lino. Provided that if the said tramway shall he damaged by parties who shall themselves use the said tramway for transit and supply locomotive power, the said Company shall he entitled to com­ pensation for such damage, to he recovered by action in a Court of competent jurisdiction, or if such damage do not exceed the sum of twenty pounds, summarily before two Justices ; and in estimating such damage, the said Company shall he entitled not only to compensation for the cost of repairing and restoring the said tramway, hut to the consequential damage (if any) sustained by reason of the suspension of transit or otherwise. Provided also that all persons using the said tramway under the foregoing conditions shall he subject to the by-laws or regulations of the said Company which may be in force at the time.
Uie public.
Short title.	3. This Act shall he styled and may bo cited as the “ Toronto Tramway Act Amendment Act.”

S C H ED U LE.

Schedule. All tliosc several portions of land described hereafter, situate in the p.arish of Awaba, county of Northumberland, Colony of New South W ales : Commencing at a point on the Great N orthern Eaihvay, at eighty-seven miles fifty-two and a lialf chains, being about one chain to the north of Eas.sif’ern llailway S ta t io n ; and passing tlience south-easterlV througli the Railway reserve about four chains twentv links, across a private road about one chain eighty links, through lots two, three, four, five, si.v, nine, ten, eleven, twelve, thirteen, fourteem, fifteen of a private subdivision by the Northumber­ land Land ai\d Coal Company (lamited) about si.v chains ; thetiee across a Government road one chain ; thence still soutii-eaatcrly through Government reserve one hundred and live about fifteen chains fifty links across AVangi Road one chain, through lots one and two, section C, of Lom e Township (private township, the property of the said Excelsior Company), through lot thirty, section C, of the said Lom e Township, through lots twenty-nine and twenty-eight, section C, of the said Lom e Township (the property of the said Excelsior Company), and through lots twenty-seven, ten, eleven, twelve and thirteen, section C, private township of Lome, in all seven chains seventy links ; thence southerly across Terallta-street about one chain twenty links, through lot niiiieteeu, section R, of the said L om e Township, forty links, along Mellie-street about eleven chains twenty link.s, across Narara-strect one chain; theuce southerly, south-westerly, and soiitlierly through Government reserve forty-eight about thirty-eight chaiii.s thirty links ; thence southerly along a Government road about three chains fifty links; thence south-easterly thi'ough ])art of portion fifteen, parish of Awaba (the property of the said Excelsior Company), about twenfy-two chains eighty links; thence southerly across a Government road one chain wide; thence south-easterly through portion four, parish of Aw.aba (the property of the said Excelsior Company), about thirty-eight chains twenty links; thence south-easterl\' across Stony Creek about two chains eigiitv' links througli ])art of the Toronto Estate (the jiropcrty of the said Excelsior Company) eighteen chains eighty links, across Cary-street about one chain twenty links, and again through d'oronto Esta te twenty-eight chains eighty links ; and thence still south-easterly across Toronto Roulcvardo about two chains ten links, and again through Toronto Estate still south- casterlv about sixty-eight chains ; and thence south-westerly still through Toronto Estate about sixtv-seven chains.

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