Toronto Tramway Act of 1889 (NSW)

torontoĵ amway .An Act to authorize the construction and maintenance of a Tramway from the Plat­ form or Station kno^vn as Fassifern, on the Government Line of Pailway from Sydney to Newcastle, and the Toronto Estate at J âke Macquarie. [10̂ ̂ October, 18S9.]

VT7IIEREA.S tlio “ Excelsior Land In vestment and Building’ Coni-

V T pany and Bank (Limited),” being’ a joint stock com])any duly

registered and incoi’porated under and in accordance with the provisions of the “ Companies jVct ” (hereinafter called tlie said Company), is ])ossesscd of and entitled to an estate called Toronto, consisting of over one thousand acres of land, at Lake Macquarie, in tlie parish of Awaba, in the county of Xortliumherland, in the Colony of Aew South Wales. And whereas such land is situated near to tin; platform or station known as Eassifern on tlie Government line of railway between Sydney and Newcastle', known as the Ilomehush-Waratah Line. And Avhereas it is desirable that a l)ettcr mode of access from and to tlie said platform or station and the Company’s land at Toronto should ho provided for the residents, visitors, excursionists, and others. And whereas the said Company is desirous of constructing a tramway from tlie said Toronto Estate and connecting with the'said platform or station known as Eassifenn, through certain lands the property of the said Company as particularly set forth in tlui Sclu'dule hereto, and also through lands believed to he the jiro^ierty of the Crowm and of certain private persons, and the same therefore cannot he made Avithout Legislative authority. And Avhereas tin; ima-eased facilities of communication and traffic Avhich Avouhl result from the construction of the said proposed traimvay Avould he for the public conA'enicnce and benefit. And it is desirable to authorize by Legislative enactment the construction and maintenance of the said ])ro])osed traniAvay, subject to the provisions hereinafter contained. Be it therefore enacted by the Queen’s Most Excellent Majesty, by and Avith the advice and consent of the Legislative Council and Legislative Assembly of N cav South M^alcs in Barliament assembled, and by the authority of the same, as folloAVS :—

Authority to con- 1. It shall, 1)0 laAviul foi’ the said Company on the terms

stnict tramnay.

conditioiis aiul suhjoct to the pi’OA'isions and other enactments

hereinafter contained to make and construct such traniAvay Avith such

looj)-

1889.   53° VIC.

Toronto Trmnicay.

loop-lines and sidings as may be required for the safe and convenient working and use of the said tramway, and from time; to time to alter and repair the same for conveying passengers and their luggage, merchandise, goods, coal, timher, and othei* material to and from a point on the line of railway from Sydney to Newcastle, knoAvn as the Home- hush-Waratah Line, at or ]iear the platform or station designated Fassifern, within the ijarish of A^vaha, and thence hy tlie lines descrilied in the Schedule to this Act to the Toronto Estate, and to such portions

of the T'oronto Estate as may hereafter he determined. And also to Pow<n- to effect

effect, if necessary, a iunction between the said line of tramwav and'“'I'''"’''"' *

the said lino of railway from Sydm;y to Newcastle, and to take and ‘

use so much of the said Crown Lands, or streets, or roadways, and Kntry upon street

so much of the lands of private persons, Avhich are metrtioned in the

said Schedule, as the said Company may require, hut so that the same

shall not occupy in any part of the said road or street a greater space Maximum width oc

in width than ten feet, or in the said private or CroAvn Lands a,

greater space in breadth than thirty-three feet, including the supjiort

and foundations therc'of; provided that the said traniAvay sliall lie con­

structed in a proper andAVorkmanlike manner, and he brought into use

Avithin tAvo years from the passing of this Act. ProAuded ahvays that the Gauge,

gauge of the said trauiAvay shall he four feet eight and a half inches.

2. Such lands as shall he required shall he taken under the Lands taton to i>e

proA'isions of this Act for the puryiose of the said tramAvaAg t o g e t h e r C

Avith such right of ingress, egress, and regress upon the adjacent land as

may be necessary for the making and repair thereof, and shall be vested

by viiduc of this Act and Avithout the necessity of any conA'cyance to

the said Company for the purposes of the said traiuAvay. Provided

that no lands vested in the llaihvay Commissioners of N oav South .

Wales shall hy A'irtue of this Act he A'ested in the said Comtiauy.

Provided also that nothing herein contained shall prevent the OAvmers of Owners may mine.

such adjacent lands from carrying on any mining operations umh'r-

neath the said traniAvay \ahieh shall not interfere AA’ith the safety of the

said traiUAvay and the traffic thereon. And the said Company shall

have no further right to the soil of the said lands beneath the

surface than shall he requisite for the formation, support, and repair

of the said traniAvay hy cutting, embanking, or otherwise. Provided Before roads inter-

also that if in the exercise of the poAvers hereby granted it he found necessary to cross, cut through, raise, sink, or use any part of any road, Avhether carriage-road or horse-road, so as to render it impassable for or dangerous or inconA^enient to the persons entitled to the use thereof, the said Company shall before the commencement of any such operations cause a sufficient road to he made instead of any road interfered AAuth, and shall, at its OAvn expense, maintain such substituted road in a state as convenient as the road interfered Avit,h, or as nearly as may he ; and the said Company, before Ihe said lands of WoUs for benefit

the said OAvners of land respectively and the said CroAvn Land shall he used for any of the purposes aforesaid, shall, if required so to do, separate the same hy a sufficient fence from the land adjoining thereto To fem e where

Avith sucli gates as may lie required for tlie convcaiieut occu]>atiou of

such land, and shall also, to all private roads used hy them as aforesaid,

.

put up fences and gates in like manner in all cases Avhere tlie sanu' Gates.

may he necessary to prtivent the straying of cattle and horses from or

upon the lands traversetd hy such roads. And shall also make and at Bridges, &e.

its OAvn expense maintain such and so many couA'enient bridges, arches, culverts, and passages over, under, orhy the sides of, or leading to or from the traniAAay as may he necessary for the purpose of making good any interrujttions caused hy tlui traimvay to the use of the lauds tliroiigli Avliieh the tramway shall he made, and such Avorks shall 1)0 made fortliAvith aftt'r the part of the traiUAvay passing ovtu*

Mioh

80 VIC. 1889.

Toronto Tra.mioay.

such lands shall have hoen laid out or formed, or during the formation

Drains,	thereof. Also all necessary arches, tunnels, culv('rts, drains, or other passages, eitlK'r over, under, or by the sid<'s of the tramway, of such dimensions as will be sutricieut at all times to convey the water as clearly from the lands lyingnear or affected by tlie tramway as before the making of the tramway, or as nearly so as may be, and such work shall be made froiu time to time as the tramway works proceed. Provided always that the said Company, their successors and assigns, shall not be rcqirired to make such accom­ modation works in such a nrauner as would prevent or obstruct the working or using of the tramway, nor to make any acesommodation Avorks Avith respect to Avhich the ownei's and occupiers of the land shall have agreed to receive and shall have been paid compensa­
Differences as to	tion. And in case of any difference between tin; OA\ ners or occupiers
necessity of gates,
&c., }»ow to be	of sucb roads and lands and the said Company, as to the necessity
settled.	for such fences and gat('s, bridg(‘s, arches, culverts, and passages, tunnels, drains, or other passages, such fences and gates shall 1)c put up, and such bridges, arches, cuherts, and passages, tunnels, drains, or other passages made by the said Company as any two Justices of the Peace shall deem necessary for the purposes aforesaid ou application being made to them.

Tramway to be op('ii 3. Tlie said tramAA'ay shall be open to public use u])ou the pay­ The said traiUAvay shall lie dividi'dinto sections of a mile in h'ngth, commencing from ('aeh terminus, Avhieh sections shall be (dc'arly defined by posts painted Avhite; and the fare for ca<di passenger shall not exceed fourpence per section or any jiart thereof for the first two years after the said traiuAvay sluill haAm been opened for traflic ; and tlu'reafter shall not exceed threepence per section or any part thert'of.

to public use.	ment of the tolls and charges following, that is to say : —
Fares, charges, &c.

Por parcels (passengers’ personal luggage not c'xci'eding sixty pounds in Aveight excepted) under one hundred Avcight six­ pence each.

Por general goods a sum not exceeding one shilling and sixpence per ton per mile or ])ortion of a mile (exclusive of the expense of loading and unloading).

Por carriage (Avhen practicable) of Hav' stock a sum not exceeding

sixpence p('r fund per mih; each Avay or portion of ea(di

Avay (exclusive of the expense of loading or discharging).

No ditrcrential ratas. Provided that no ditVcrential charges shall be made, but that the charges shall be equal to all parti(;s using the IraiuAvay.

Maintenance of 4. The said Coin])any, their successors and assigns, sliall m:iiu-

roads.	tain in perfect order and repair the said tramway Avherc the same shall intersect or traverse all roads or streets, and the paA'omont of tin? sauu; betw^ecn the rails of the said traniAvay, and for the space of one foot six inches on each side of such rails Avhcrc ueci'ssary, and furthermore, shall erect and maintain all necessary causcAiays in connection Avith the said traiuAvay.
Damage done to
roads to be made	5. If in the course of making the said traimvay tin' said Com­ pany shall use or interfere Avith any road, tliey shall from time to time make good all damages done by tlnun to such road, and if any question shall arise as to the damage done to any such road by the said Company, or as to the rejiair thereof by them, siudi question shall bo referred to the determination of tw'o Justices; and such Justices may direct such repairs to be made upon such road in resjiect of damage done hy the said Company, and Avitbin such peiiod as they may di'em reasonable, and may iiuposi' on tlie said Company, for not carrying into (dfect such directions, any ]>cnalty not ('xccialing im; pounds as to such Justices shall seem tit; and any such penalty shall be ])aid to the surveyor or
good.

other

1889.   VIC.

Toronto Tramioay.

other person having the management of the road interfered rvith hy the said Company, if a public road, and he applied for the purposes of such road, and if a private road the same sliall he paid to the owner thereof. Provided always that the said Justices shall have regard to, and make full allowance for, any tolls that may have been paid by the said Coni])any on such road in the course of using the same.

0. i f the said tramway shall cross any public highway or parish To orcct gates at

road on a level, the said Company shall, where necessary, erect good and sufficient gates across the said tramway, on each side of such road, where the same shall communicate therewith, and such gates shall he ke])t constantly closed across the said tramway, or both sides of such road, except when engines or carriages or otlicr vehicles passing along the said tramway shall have occasion to cross such road; and such gates shall he of such dimensions and so constructed as when closed to fence in the said t rarmiay and prevent horses and cattle passing along such road from entering upon the said tramway as aforesaid, and Penaiiy for Com-

if any person omit to shut and fasten any such gates so soon as he and i”"-'"’?

the ('ugine, carriages, or veiuclcs under Jus charge shall JiaA'C })assed gates,

through the same, he shall, on conviction thereof before any two

Justices, forfeit and pay tin; sum of forty shillings.

7. It shall he laivfnl for the said Company, their successors and Authority to employ

assigns, subject as aforesaid, to use and employ locomotive engines or

other moving power, and carriages and Avaggons to he draAAm or pro- locomotive powers,

polk'd tlu'i'chy, and to carry and convey upon the said tramway all such

passengers and goods as shall hi; offered for that purpose, and to charge

the tolls and charges in res])oct thereof as above specified.

8. The said Commissioners shall at all times hereafter upon Running powers lo

tAÂ elve hours notice in writing to the said Company, their successors and assigns, liai'c the riglit to run such locomotives, carnages, and trucks, Avhether loaded or unloaded, on and along the said tramway, and for such period or periods, or at such time or times as the said Commissioners shall in the said notice specify. Provided ahvays that the said Commissioners shall pay to the said Company, their successors or assigns, such rates or tolls for the exercise of such rights as afore­ said, as the GoAurnor, Avith the advice of the ExecutiA’C Council, shall from time to time determine.

9. The said Company, their successors or assigns, shall he Liability of caniors.

responsible for all injuries caused hy the im}>roper or negligent con­ struction, maintcnanctg or Avorking of the said tramAATiy, and all claims in respect of such negligence or improper conduct may he enforced against the said Comjiany, their successors or assigns. ProAuded tliat the damages Avhich may he recoA'cred against the said Company, their successors or assigns, in resjAect of any such claim, shall, in addition to all other remedies for tlu'ir recovery, he a first charge upon the tolls, fares, or charge's charged tor the carringc of passengers and goods on the said tramway, and upon all property used in and upon and necessary for the Avorking of the said traniAvay.

10. The tolls shall ho paid to such persons and at such ]d a c e s Toil, when, wbere,

upon or near to the trainnay, and m such manner, and under such regula- paid.

tions, as the said Company, their successors or assigns, shall appoint.

11. If au person omit to shut and fasten any gates set up at Tenaity on public

either side or the said tramway lor the accommodatiou ol the owners gates.

or occupiers of the adjoining lauds, so soon as he and tlie carriage,

cattle, or other animals under his care liaA'c passed through the same,

ho shall, for every such ofl'ence (upon conviction thereof before any

two Justices) forfeit and jiay any sum not exceeding five pounds.

12. The said Comiiany shall not be entitled to any mines of Companv not entitled

coal, iron, slate or other minei’als under any land AA’hereof the surface is A'cstcd in them hy virtue of this Act, except only such parts thereof as

shall

53” VIC. 1889.

Toronto Tramway.

sliall be necessary to be dug or carried an ay in tbe construction of tbc works hereby authorized, and such mines shall not be deemed to vest in tbe said Company.

Compensation to be	13. I f witliiii twcuty-eiglit days of the passing of this Act the tlu’ough Avliose land thc tiumway shall pass, or any of them and the said Company shall not agree as to the amount of com­ pensation to be paid by them for the said lands belonging to thc said parties, or any of them, or for any damage that may be sustained by them or him, by reason of the execution of the Ai'orks, or if any other question as to compensation shall arise under this Act the amount of such compensation shall be settled by arbitrators in manner bereinafter mentioned (that is to say), unless both parties concur in the appoint­ ment of a single arbitrator, each jiarty on the request of the other shall nominate and appoint an arbitrator to whom such dispute or other matter shall be referred ; and any appointment of an arliitrator shall be under the common seal of the said Company, and under thc hand of such person or persons respecth’ely ; and such appointment shall be deliA’cred to the arbitrator or arbitrators, and shall be deemed a submission to arbitration on tbe part of the party by whom thc same shall be m ade; and after any such appointment shall lia c heen made, neither party shall liaxe poAver to rc okc the same without the consent of the other, nor shall the death of either party operate as a rcA^ocation; and if for the space of fourteen days after sucb dispute or other matter shall liaAe arisen, and after a request in writing shall liaA'e heen ser ed hy the one party on the other imrty to appoint an arbitrator, sucb lastmentioned party shall fail to appoint sucb arbitrator, then upon sucb failure it sliall be lawful for tbc Attorney- General for the time being of tbe said Colony, on tlu' application of the party AAdio has himself appointed an arbitrator, to appoint such arbi­ trator to act on behalf of both parties, and such arbitrator may proceed to hear and determine the matters which shall be in dispute, and in such case the aAi ard or determination of such single arbitrator shall be final and conclush e.
settled by arbitration,
Proceedings in case

of disability of 14. If before the matter so referred shall be determined any

arbitrator.	arbitrator appointed by either party shall die, or become incapable, or refuse, or for fourteen days neglect to act as arbitrator, the party by wbom such ai’bitrator Avas appointed may nominate and appoint in writing some other person to act in his place, and if for the sjiace of seven days after notice in Avriting from the other party for that purpose; he fail to do so, the remaining or other arbitrator may proceed alone ; and every arbitrator so to be substituted as aforesaid shall have the same poAvers and authorities as Avere A'ested in the I'ormer arbitrator at the time of such his death, refusal, negleet, or disability as aforesaid.
Appointment of
umpire.	15. Wbere more than one arbitrator sball have been appointed, such arhitrators shall, lx fore they enter upon the matters referred to them, nominate and appoint in Avriting under their hands an umpire, to decide any matters on which they shall differ or AA'hich shall be referred to them under the provisions of this Act, and if such umpire shall die, or refuse, or for seven days neglect to act after being calh;d upon so to do by the arbitrators or either of them, they shall fortliAA ith after such death, refusal, or neglect, appoint another umphe in his place, and the decision of every such umpire ixpon the matters so referred to him shall be final.
Neglect to appoint	16. If in either of the cases aforesaid the arhitrators sball refuse or for seven days after request of cither party to such arbitrators neglect to appoint an umpire, it sball bo laAvful for tbe Aitorney-General for the time being, ou the ap])lication of ('ither party to such arbitration to appoint an umpire, and the decision of such uni])ir(' on the mattens on Avliich the arbitrators differ or which shall be referred to him under
umpire.
this Act shall he final. 17.

1889.   53̂ ̂ VIC.

Toronto Tramway.

17. If, when a single arbitrator shall have heen appointed, such in case of disability

arbitrator shall die or become incapable, or shall refuse, or for fourteen	arbitrator,
days neglect to act before he shall have made his award, thc matters referred to him shall bo determined by arbitration under thc provisions of this Act, in the same manner as if such arbitrator had not heen

ajipointed. ^

18.    If, when more than one arbitrator shall have been appointed, Arbitrators failing to

and when neither of them shall die, become incapable, refuse, or neglect

to act as aforesaid, such arbitrators shall fail to make their award within to umpire,

fourteen days after the day on which thc last of such arbitrators shall

have been appointed, or Avithin such extended term (if any) as shall

ha c been appointed for that purpose hy both of such arbitrators,

under their hands, tlie matters referred to tliem shall be determined

by thc nmjiire to be a])pointcd as aforesaid.

19. Thc said arliitrator or arbitrators, or his or their umpire. Arbitrators may

may call for thc yiroduction of any documents in the possession or production

t / i - tJ .1 r»T b̂ A r ' i i m o n f j Ar/-»

power ol either party, Avluch they or ho may think necessary tor determining thc questions in dispute, and may examine the parties or their witnesses on oath, and administer thc oaths necessary for that purpose.

20. Before any arbitrator or iiinjiire sball enter upon tlie con-Declaration by arbi-

sideration of any matler referred to him he shall, in the presence of a J iistice of the Peace, make and snbscrihc the folloAving declaration, that is to say—

I, A.B., do solemnly and sincerely declare that I Avill faithfully and honestly and to the best of my skill and ability hear and determine the matters referred to me under thc provisions of the “ Toronto Tramway Act.”

Made and subscribed in the presence of

C.D.

And such declaration shall be annexed to tbe aAvard Avlien made, and if any arbitrator or um|)ire liaA’ing made such declaration shall Avilfully act contrary thereto he shall be guilty of a misdemeanour.

21. All the costs of any such arliitration and incident thereto Costs of arbitration,

shall be in the discretion of the arbitrators, and the costs of the arbi­ trators sball be borne by thc parties in equal proportions, unless the amount aAvarded shall be one-fourth less than the amount Avliicli shall have been oli'ered by the said Company, in Avhich case the Avhole costs of the arbitration, and also the costs of and incident to the said arbi­

tration, shall be paid by the claimant. Provided that, if either party Costs may bo taxed,

shall be dissatislied Avith the costs allowed by the said arbitrators as aforesaid, the costs may be taxed by the Prothonotary or other proper officer of the Supreme Court, and the amount allowed by such officer shall be the amount of costs to be paid.

22. Thc arbitrator, arbitrators, or umpire shall deliver their or Arbitrators or um-

his aAvard in Avriting to thc said Company, aa 'Iio shall retain the same, to'̂ compln̂ '

aud shall forthwith, on demand, at their own expense, furnish a copy thereof to the other party, and shall at all times, on demand, produce the said aAvard, and allow the same to be inspected or examined by Compenaation to be

such party or any person appointed by him for that purpose, and the aUCT̂ pubuL-

amount aAvarded shall be paid Avithin sixty days after the publication tion of award,

of the award.

23. The submissioti to any such arbitration may be made a rule Submission may be of the Supreme Court on thc application of either of thc parties. suprem™Couu

24. No aAvard made Avith respect to any question referred to Award not to be set

arbitration under the ]>ro visions of this Act, shall be set aside fop “ide for irregularity,

irregularity or error in matter of form.

84 53° VIC. 1889.

Toronto Tramway.

Compensation in

25. The said Company shall make compensation and satisfac­ tion, to he ascertained and recovered in case of difference in the manner hereby provided, for temporary, pennanent, or recurring injury, and all other damage, loss, costs, charges, and inconvenience wliich may in anywise he occasioned to thc owners and occupiers of thc lands through which the said tramway shall pass hy the non­ performance or negligent performance hy the said Comjjany of any of the matters or things hereby required or authorized to be performed hy them.

case of negligence.

Compensation in	26. In every case where the said Company shall take temporary
cases of temporary

possession. possession of lands hy virtue of the powers hereby granted it shall he incumbent on them within three months after entry upon such land, upon being required so to do, to pay to the occupier of the said lands the value of any crop or dressing that may he thereon and damaged or injured by such entry, as well as full compensation for any other damage of a temporary nature which he may sustain hy reason of such entry, and shall also, from time to time during their occupation of the said lands, pay half-yearly to such occupier or to thc owner of thc lands, as the case may require, a rent to he fixed hy two Justices in case the parties differ; and shall also, within twelve )uonths after such entry, pay to such owners and occupiers, or deposit in the hank for the benefit of all parties interested, as the case may require, compensation for all permanent or other loss, damage, or injury that may have heen sustained hy them hy reason of thc exercise as regards the said lands of the powers hereby granted, including thc full value of all clay, stone, gravel, sand, and other things taken from such lands.

Proceedings in 27. If thc owner of any lands required to he taken for the

absence of owner. construction of the said tramway is absent from thc Colony, or cannot upon diligent inquiry be found, or is under disability, or if any such lands arc vested in jiersons Avho have respectively only limited or qualified interests therein, and who cannot enter into binding agreements with the said Company for the purchase of such lands or join in submitting their claims for compensation to arbitration as hereinbefore provided, thc purcliase money or compensation payable by tbe said Company in respect of such lands shall be determined by the valuation of a surveyor, to be nominated as hereinafter mentioned.

Justiecs to appoint 28. Upon application by thc said Company to two Justices,

surveyor in certain and upon such proof as may be satisfactory to them that there is no person in the Colony or to be found who can enter into a binding contract with the said Company or join with thc said Company in submitting his claims for compensation to arbitration in respect of any lands required to be taken for the construction of the said tx’amway, such Justices shall by writing under their hands nominate an able practical surveyor for determining such compensation as aforesaid, and such surveyor shall determine thc same accordingly, and shall annex to his valuation a declaration in writing subscribed by him of the correctness thereof.

Declaration by 29. Before such surveyor shall enter upon thc duty of making

surveyor. such valuation as aforesaid he shall in the presence of such Justices or one of them make and subscribe the folloAviug declaration at thc foot of such nomination, that is to say—

I, A.B. do solemnly and sincerely declare that I will faithfxilly,

impartially, aixd honestly, according to the best of my skill

axrd ability, execute thc duty of making the valuation hereby

referred to me A.B.

Made and subscribed in thc ]n'escucc of

And if any such surveyor shall corru])tly xnake such declaration, or having made such declaration, shall Avilfully act contrary thereto, he shall be guilty of a misdemeanour.

1889. 53̂ VIC. 85

Toronto Tranmai/.

30. Tlic said nomination and declaration sliall lie annexed to Production of

tire valuation to lie made liy sucli surveyor, and shall he preserved togetlier therewith hy the said Company, and they shall at all times jiroducc the said valuation and documents on demand to all parties interested in the lauds comprised in such valuation.

31. All thc expenses oi' and incident to any such valuation Costs of valuation

sliall he home hy thc said Company.

32. If the amount of compensation determined hy any such compensation not

surveyor does not exceed the sum of llfty pounds, it shall, except i’l

thc cases where the owner is absent from the Colony or cannot he	'	’
found, he paid hy thc s.aid Company to the person or persons for the time being entitled to thc rents and profits of lands in resjiect whereof the same shall be payable for their own use and henefit, or in case of the coA êrture, infancy, idiotcy, lunacy, or other incajiacity of any such persons, then such money shall he paid for their use to their respective husbands, guardians, committees, or trustees of such persons.

33. If thc amount of compensation determined hy any such Compensation, how

surveyor as aforesaid exceeds thc sum of fifty pounds, or in the cases

“'̂ sonco

Avherc thc owner is absent from the Colony or cannot he found, Avhethcr it exceeds thc sum of titty pounds or not, it shall he paid hy the said ComjAtmy into thc hands of the Master in Equity of the Supreme Court in the matter of this Act, in trust for the parties interested in the lauds in resjicct of Avhich it is paid in, and a certificate from the Master of the fact of the money being so paid in shall he a sulficient dischai’gc to thc said Company for the money so paid. Provided that all moneys so paid in shall he dealt Avith hy the Supreme Court in the same manner in all respects as moneys paid in under an Act passed in tlie tAvcnty-first year of the reign of Her present Majesty, and entitled “ A n A ct fo r hotter securing Trust Funds, and fo r the relief of Trustees.” And shall he subject, in all respects, to the provisions of thc said Act, and all ruh's of the said Court inade thereunder.

31. Kothing in this Act contained shall bo deemed to authorize Not, to intci-rcre with

thc said Company to take or enter upon any land belonging to thc said Commissiomu's, or to alter or to interfere Avith the Great Northern llailAAxay, or any of the Avorks thereof, further or otherwise than is necessary for making thc junction and inter-communication betAveen the said raibvay and traniAÂ ay, Avithout the ])rcvious consent, in writing- in every instance, of the said Commissioners.

35. Thc said Commissioners shall from time to time, at the ex- Erection of signals,

pense of thc Company, erect such signals and conveniences incident to the junction cither upon their oavii lands or on the lands of the Com­ pany, and may from time to time ajipoint andremoA’C such Avatchmen, SAvitchmen, or other persons as may be iiccessary for the prevention of danger to, or interference Avith, the traflic at or near the junction.

30. The Avorking and management of such signals and co iia’C- Management of

nicnccs wherever situate, shall be under the exclusive regulation of thc

said Commissioners.

37. It shall be hxAvful for thc said Company, their successors or Power to make

assigns, from time to time, subject to thc provisions and restrictions in tliis Act contained, to make regulations or by-laAvs for the following purposes, that is to say—

Por regulating thc times of thc arrival and departure of thc Avaggons and carriages, and thc number of persons limited to be carried therein respcctiA'cly. For regulating thc loading or unloading of such Avaggons and carriages. Por prcA'enting the smoking of tolmcco and thc commission of any nuisance in or upon such Ax aggons or carriages, or any of tin; tram- Avay stations, Avaiting rooms, or premises, and generally for regulating I the traAnlling upon, or using, and Avorking tlie

said

86 53̂ VIC. 1889.

Toronto Tramway^

said tramway, and the maintenance of "ood order, and for regirlating the conduct of the tramway officers and servants, and for providing for the due management of the said tram­ way, and the protection thereof, and the waggons and car­ riages, and waiting rooms, offices, and jjremises from trespass and injury.

Publication of	Provided that such hy-laws he not repugnant to the laws of thc
by-laws.	Colony or to the proA'isions of this Act. And thc suhstance of such hy-laAVs shall I k ; painted on hoards, or printed on paper and affixed to boards and places, and maintained in a legible state in some con­ spicuous part of every station or place of business occupied or used in connection with the tramway, according to the natui’e and subject matter of such hy-laAVS, so that notice thereof may he given to all parties affected thereby, and no penalty imposed by any such by-law shall he recoverable unless the same shall haA'c been published, and
Penalties under	kept published as aforesaid. And such by-laws shall specify penalties,
by-laws j	which shall in no case exceed the sum of ten pounds, and may he proceeded for and recoverable ixnder the provisions of the Act eleventh and twelfth Victoria chapter forty-three. Provided ahvays that such by-laws must he first approA'ed of hy the Governor with the advice

to be approved of by of the Executivc Couiicil. Provided always that the said Company,

tbeaovernor; tlicir succcssoi’s and assigns, or their employes or servants shall, Avhen to be binding on all usiug 01’ whcu upon the pi’cmises of the said raihvay, he liable and

parties.	suhject to the railway hy-laws.
Evidence of by-laws.	38. Tlic pi’oduction of a copy of tlic Ncw South Wales Govern­ ment Gazette containing such by-laws shall he sufficient evidence of such hy-laws in all proceedings under the same.
Railway Commis­

sioners may appoint 39. The said Commissioners may from time to time appoint any

inspectors.	person to be inspector, for the purpose of inspecting the railway and of making any inquiry with respect to the condition of the u orks, or into the cause of any accident, provided that no person so appointed shall exercise any poivers of interference in the affairs of the Company.
Powers of inspectors.	Evci'y Inspectoi’ Under this Act shall, for the purpose of any inspection or inquiry which he is directed hy the said Com­ missioners to make or conduct, have the folloAving poAvers, that is to say

(i)   He may enter and inspect the traniAvay and all the stations, works, buildings, offices, stock, plant, and machinery helong- ing threto.

(ii)   He may, hy summons under his hand, require the attendance of any person Avho is engaged in the management, service, or employment of the Company, and Avhom he thinks fit to call before him and examine for the said purpose, and may require ansAvers or returns to such inquiries for the said purpose as he thinks fit to make.

(ill) He may require and enforce the production of all hooks, papers, and documents of the Company Avhich he considers important for the said purpose.

Accidents. 41. Where, in or about the tramAvay, or any of the AVorks or

buildings connected Avith such tramway, or any building or place, whether open or enclosed in connection with such tramway, any of the following accidents take place m the course of working, that is to say

(i)   Any accident attended with loss of life or personal injury to any person whomsoever.

(ii) Any collision Avhere one of the trains is a passenger train,

(ill) Any passenger train, or any part of a passenger train, accidentally leaving the rails.

(iv)

1889.   VIC.

Toronto Tramway.

(iv)  Any accident of a kind not comprised in the foregoing descriptions, but wliich is of such a kind as to have caused, or to he likely to cause, loss of life or ])ersoiial injury, and which may bo specified in that behalf hy any order to bo made froin time to time hy thc said Commissioners.

Tlic Company working such tramway shall send notice of such accident, and of the loss of life or personal injury (if any) occasioned thereby, to the said Commissioners.

42. Such notice shall he in such form and shall contain such Form of notice of

particulars as the said Commissioners may from time to time direct, and shall ho sent hy thc earliest practicable post after the accident takes place.

43. The said Commissioners may from time to time, hy order. Notice of cettain direct that notice of any class of accidents shall he sent to them hy aent'^t.^teieg^h telegraph, and may revoke any such order. While such order is in " ' force notice of every accident of the class to Avhich thc order relates

shall he sent to the said Commissioners hy telegraph immediately after the accident takes place. Eailure to comply Avith the provisions of this section shall render the Company liable for each offence to a penalty not exceeding tAventy pounds.

44. At any time the GoA êrnor, Avith the advice aforesaid, may. Power of purchase

if he thiuk fit, purchase such tramway upon giving to thc said Govemnmic^ If the amount tendered for the purchase of the property bo considered inadequate by the Company, the amounts shall bo ascertained by assessment in terms of thc “ Eublic Lands Acquisition Act.”

45. Before commencing the said tramAA'ay by this Act authorized Before commencing to be made, the said Company, their successors and assigns, shall by be'^ade and'bLk°ot some qualified engineer by them to be appointed, cause to be made reference.

and taken levels and siuweys of the private lands through AA'hich such tramway is to be carried, together AA'ith a map or plan of the line of the said tramAA'ay, and of tlie lands through Avhich it is to pass, and a book of reference in Avhich shall be set forth a description of the said scA'eral lands, and the names of the proprietors thereof, so far as the same shall be knoAA'u, or can, AA'ith reasonable diligence, be ascertained, setting forth thc bearings of such traniAvay, as the case may require, and thc nature and quality, state of cultivation, and enclosures (if any), and thc quantity of such land AA'hich may be required for the purpose

of m aking such tramAvay. And the said map or plan and book of Map and book of

reference shall be kept at some conA'cnient office at Toronto, and true for*^pubHcTnspeXon.

copies thereof, signed by the manager of the said Company, for thc

time being, shall be deposited AA'ith Clerk of Petty Sessions at AVaratah

aforesaid; and such map or plan or book of reference, and such copies

thereof respectively, shall bo opened at all convenient times for public

examination. ■

46. No adA'antagc shall be taken of or against thc said Comjiany, omission in book of

their successors and assigns, or any interruiition be given to the making reference not to

OI such tramway or oth(3r Avorks on account ot any omission, misstate- tmmwaj, &c.

ment, or erroneous description in the book of reference ; but it shall be laAvful for thc said Company, their successors and assigns, by themselves, their agents, officers, surveyors, servants, and Avorkmen, to enter into and upon, and to take and use for the purjiosc of this Act any lands or grounds set out and described in the said map or plan, notAA'ithstanding any such omission, misstatement, or erroneous description, in case it shall appear to any tAvo Justices acting for the district or place in AA'hich such lands or grounds shall be situated, and be certified by AA'riting under their hands, tliat such error or omission proceeds from mistake and not from fraud.

88 53̂ ̂ VIC. 1889.

Toronto Tramioay.

Service of notices on 47. All notices required to be served by tbe said Company,

owners of lands. tbeir successors and assigns, upon tbe parties interested in or entitled to sell any sucb lands, sball eitber be served personally on sucb parties or left at tbeir last usual place of abode (if any sucb can after diligent inquiry be found), and in case any sucli parties sball be absent from tbe Colony, or cannot be found after diligent inquiry, sball be left with tbe occupier of sucb lands, or if tbere be no sucb occupier, sball be affixed upon some conspicuous part of sucb lands.

Eecovery of 48. All penalties and forfeitures imposed under tins Act or any

penalties. by-laws or regulations made in pursuance tbereof shall be recoverable in a summary way before a Stipendiary or Police Magistrate or any two Justices of the Peace.

Short title. 49. This Act mav be cited as tbe “ Toronto Tramway Act of

1889.” “

SCHEDULE.

All those several portions of land described hereafter, situate in the jiaiish of Awaba, county of Cumberland, Colony of New South Wales : Commencing at a point on the eastern side of the Great Northern Railway, at eightj’-seven miles fifty-two chains, being about one and a half chains north of the Fassifern Railway Station, and bearing thence south-easterly about nine chains ten links along a Government road ; thence through Government reserve one hundred and five bearing south-easterly and easterly about fifteen chains seventy-five links ; thence easterly across Wangi Road one chain; thence easterly through lots two, three, and four, section D, of Lome Township (private township, tlie jiroperty of the “ Excelsior Land Investment and Building Company and Bank, Limited”), six chains ; thence south-easterly across Awaba-street about one chain fifty links; thence bearing southerly through lot twenty-three, section D, township of Lome (the property of the Excelsior Building Company), two chains fifty links, across a lane twenty links, through lot fourteen, section D, township of Lome (thc property of the Excelsior Building Compafiy), two chains fifty link.s, across Teralba-street one chain, and along Mellie-street about eleven chains fifty links, and across Narara-street one chain ; thence southerly, south-westerly, and southerly through Government i-eservo forty-eight about thirty-eight chains twenty links ; thence southerly along a Government road about three chains fifty links; thence south-easterly through portion fifteen, parish of Awaba, about twenty-two chains eighty links ; tlience southerly across a Government road one chain ; thence south-easterly through portion four, parish of Awaba (the property of the Excelsior Building Company), about thirty-seven chains twenty links ; thence south­ easterly across Stony Creek two chains eighty links ; thence south-easterly through Toronto Estate (the property of the Excelsior Building Company) about eighteen chains eighty links, across Cary and Bath Streets about one chain seventy links, througli the hotel reserve, Toronto Estate, about twenty-eight chains sixty links, and across Toronto Boule- varde about one chain seventy-five links, being the present terminus, and opposite the Toronto Pier, a total distance of about two miles forty-eight aud a half chains.