Wahgunyah Murray Bridge Company Act 1861 No wmb (NSW)

No judgment structure available for this case.

1861.

2 r VIC.

595

JFahgumjaU Murrcuj Bridge Company.

W aiiounyah

An Act to incori)orate a Company to bo called “ The Waligunyali Murray Bridge Company” and to enable the said Company to erect and maintain a Bridge over the Murray Eiver at the end of Ford-street in the Township of Wahgunyah and to take Toll thereat and for other purposes, \10lh May, 1861.]	M l	'Kkay B ridge
CllMrANV.

AS the; construction of n bridge over the llivcr Murray

W	at the northern end or termination of Pord-street M^ahgunyah

in the Colony of Victoria to connect said township with CoroAva on tlie New South Wales side of the river and the overland road to Sydney will he; of great advantage; to the puhlie; generally and it is therefore aelvisalde to grant encouragement to such persons as may be Avilling to make; anel maintain sucli bridge by granting to them an Act of incorpewation Be it the;refore emacted by the Queen’s Most Excel- ](‘ut IVIajesty l)y and with the advien and consent of the Legislati\'c Council and Legislative Assembly of New South Wales in Parliament assembled and by the authority of the same as follows—

1. That Jedin Eoord Christoydier Godfrey Balelock anel Henry eroiniciois iiiconio- J^aylis Jbsqiurcs and all and every other person and corporation niio oi “ThcAVahgunyab shall hcrcaJter become subscribers to the said undertaking and lli(;ir yn-ray HrUige

T

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11

1

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rated by tlio name

several anti respective successen-s executors administrators and assigns

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shall be and are united into a company for making constructing completing and maintaining the bridge and other works by this Act authorized to be made and exccutcel and for that ])iirpose shall be otu' boely corporate by the name and style e>f “ The MTrhgunyah Murray Bridge Company” anti by tbat name shall have perpetual succession and shall have; a e;ommon seal and hy that name shall and may sue ĉrI.

anti be sued plead and be implt'adcd answer and be answered unto rower to bug	umi bo
defend and be de;ft'ndetl in till Couits and places Avhatsot'vcr.

2. The capital stock of the company hereby ('stablislicd shall Caiiitai to be ts.ooo

themsanel six bundreal shares of live; pounds each anel upon taking any

share any subscriber siiall pay to the; secretary or edher proper officer rmiods ami amounts

of the said company the sum of ten shillings sterling for every share

whie;h shall be; so taken and sliall pay the inmaining amount of every

such share; to such ])erson or persons and in such parts or proportions

as the elirectors of the said company shall deem necessary and from

time to time call for and require anel ne)tiee of such call or calls siudl

be given in the jVeio South lF(des and Victoria Gocernment Gazette

anel in one or more of the newspajters puhlisheel in the Colonit's of

lie eight thousand pounds sterling and shall be; divided inlt) out' of'̂ Aratb” *̂'*̂”’* company te> every shareholder liftcen days at least hefore the day appointed for tlie payment of tlie same.

3. I f hefore oi‘ on the day appointed for tlie payment of any interest on ovci-ciuo

call any shareholder shall not pay the amount of such call lie shall be liable to pay interest for the same at the rate of ten per centum per annum from the day appointed for the payment of such call to the time of the actual payment thereof.

4. It shall be lawful for the said company if they think fit to Adv,niee.s from

receive irom any oi the sliarelioiders Avho shall be willing to advaiicij interest,

the same all or any part of tlie moni'ys due upon their respe(;t ive

sliares beyond the sums actually called for and to pay interest at a

rate

596

24« VIC.

1861.

JVaJigunyah JIurraij Bridge Company.

rate not exceeding eight pounds per centum per annum upon the principal moneys so paid in advance or so much thereof as shall from time to time exceed the amount of the calls then made upon the shares in respect of which such advances shall be made.

Application of 5 . TPe money to be raised or received hy the said company by

on deposits and calls, yii'tue of this Act shall be laid out and applied in the first place in paying and discharging all costs and expenses incurred in applying for obtaining and passing this Act and all other expenses preparatory or relating thereto and the remainder of such money shall be applied in and towards the making and maintaining the said bridge and other works and in otherwise carrying this Act into execution.

Shares to be per

sonal estate.

6. All shares in the undertaking shall ho personal estate and

transmissible as such and shall not bo of the nature of real estate.

Shareholders.	7 . Every person who shall liaÂ e subscribed the prescribed sum or upwards to the capital of the company or shall otherwise have become entitled to a share in the company and whose name shall have been entered on the register of shareholders hereinafter mentioned shall be deemed a shareholder of the company,
Registry of share
holders.	8. The company shall keep a book to be called “The Eegister of Shareholders” and in such book shall be fairly and distinctly entered from time to time the names find addresses of the several shareholders of the company together with the number of shares to which such shareholders shall be respectively entitled distinguishing each share by its number and the amount of the subscrijitions paid on such shares and the surnames or (in the case of corporations) the corporate names of the said shareholders shall be placed in alphabetical order and such book shall be authenticated by the common seal of the company being affixed thereto and such authentication shall take place at the first ordinary meeting or at the next subsequent meeting of the company and so from time to time at each ordinary meeting of the company and such book may at all convenient times be perused by the share holders respectively.
Certificates of shares

to be issued to the

9. On demand of the holder of any share the company shall

shareholders.	cause a certificate of the proprietorship of such share to be delivered to such shareholder and such certificate shall have the common seal of the company affixed thereto and such certificate shall specify the share in the undertaking to Aidiich such shareholder is entitled and the same may be according to tlie form in the Schedule A to this Act annexed or to the like effect and for such certificate the company may demand any sum not exceeding two shillings and sixpence.
Certificates to bo
evidence.	10. The said certificate shall be admitted in all Courts ^%primd facie evidence of the title of such shareholder his executors adminis trators successors or assigns to the share therein specified nevertheless the want of such certificate shall not prevent the holder of any share from disposing thereof.
renewed when

Certificate to be

11. I f any such certificate be worn out or damaged then upon

destroyed.

the same being produced at some meeting of the directors such directors may order the same to be cancelled and thereupon another similar certificate shall be given to the party in whom the property of such certificate and of the share therein mentioned shall be at the time vested or if such certificate be lost or destroyed then upon proof thereof to the satisfaction of the directors a similar certificate shall be given to the party entitled to the certificate so lost or destroyed and in either case a due entry of the substituted certificate shall be made by the secretary in the register of shareholders and for every such certificate so given or exchanged the company may demand a sum not exceeding two shillings and sixpence.

Shares may b? sold.

12. It shall be laAvful for any shareholder and his executors or

administrators to sell and dispose of any share to which he shall be

entitled

18()1.

24̂ VIO.

597

JVahyunijah Murray Bridye Company.

outitlocl subject to tlie provisions herein contained and the assignment of shares may he according to the form in the Schedule B to this Act annexed.

13. The said assignment or transfer (when duly executed) shall he delivered to the secretary and he kept hy him and the secretary shall enter a memorial thereof in a hook to he called “ Tlie Register of Transfers” and shall indorse such entry on the deed of transfer and shall on demand deliver a new certificate to the purchaser and for ('very such entry together with such indorsement and eertiiicate thi' company may demand any sum not exceeding two shillings and six- yumci! and on the r(!qucstof the ])urchascr of any share an iudorscnu'nt of such trauslcr sliall he made on the eertiiicate of such share instead of a new certiheate being granted and such indorsement being signed by the secretary shall he considered in every respect, the same as a new eertiiicate and until such transfer has been so delivered to the secretary as aforesaid the vendor of the share shall continue liable to tlie company for any calls that may he made upon such share and the purchaser of the shari; shall not he entitled to reci'ive any share of the jirolits of the undertaking or to vote in respect of such share.

14. Xo shareholder shall he entitled to transfer any share after Transfi r not to iio

any call shall have been made in respect tlu'reof until he shall ]uiveuntilcaii»paid,

paid all calls for tin; time being due on every share held hy him.

15. I f the interest in any share have hccome transmitti'd in Transmission of

conse([U(Micc of the death or bankruptcy or insolvency of <

‘itiy share

holder or in consequence of the marriage of a female sharehohh'r or hy to bo antiiontioatcd

any other lawful means than hy a transfer according to the ]U'ovisions >'.v ®''‘■“'‘■	“‘■	‘I'n"-
of this Act such transmission shall he authenticated hy a declaration in writing as lu'reinafti'r numtioned or in such other manner as the din'ctors shall require ajid every such declaration shall state the mauni'r in whidi and tin; ]):irty to whom such share shall liavi' lu’iai so transmittial and sluill he made and signed hy some credible pi'rson hefori' a 4 ustice or a IMaster or Master Extraordinary of the High Court of Chancery or a Notary Euhlie or a Commissioner of the Suiireme Court of any of tin; Australian Colonics for taking affidiivits ami such (h'claration shall he left with the secretary and thereupon he shall enter the name of the person entitled U]ider such transmission in the register of sharch<dlders and for every such entry the company may demand any sum not exceeding live shillings and until such transmission has hei'n so authenticated no persons claiming hy virtue of any such transmission shall he entitled to receive any sliare of the profits of tin? undertaking nor to vote in respect of any such share as the hokh'r thcriaif.

1(). If such transmission he hy virtue of the marriage of anionfoftransmifision

female shareholder the said declaration shall contain a copy of f],(3 by

ri'gister of such marriage or other particulars of the celeln-ation

thereof and shall declare the identity of the wife with the holder of

such share and if such transmission liavc taken place hy virtue of any

t(!stamentary instrument or hy intestacy the probate of the will or the

letters of administration or an otlicial extract therefrom shall together

witli such declaration he produced to tlie secretary and upon such

])roduction in either of tlie i;ascs aforesaid the secretary shall make

au entry of the declaration in the s:iid register of transfers.

17. The company shall not he hound to see the execution of

any trust wliether express implied or constructive to whicli any of the	'
said shanks may he subject aiid the receipt of tlie party in whose name any such share shall stand in the hooks of the company or if it stands in Hie names of more parties tlian one the receipt of one of the jiarties named lirst in the register of shareholders shall from time to time he a sufficient discharge to the company for any dividend or

other

598

24 ̂VIC.

1861.

JFahgimyah Murray Bridye Company.

other sum of money payable in respeet of such share notwithstanding any trusts to which such share may then he subject and whether or not the company have had notice of such trusts and the company shall not be bound to see to the application of the money paid upon such receipt.

Enforcement of calls	18.	I f at the timt; appointed by the directors for the payment of
by action.

any call any shareholder fail to pay the amount of such call it shall bo lawful for the company to sue such shareholder for the amount thereof in any Court of Law or Equity having competent jurisdiction and to recover the same with interest at eight per cent, from the day on which such call was payable.

Declaration in action

for calls.

19. In any action or suit to be brought by the company against any shareholder to recover any money duo for any call it shall not be necessary to set forth the special matter but it shall be sufficient for the company to declare that the defendant is the holder of one share or more in the company (stating the number of shares) and is indebted to the company in the sum of money to which the calls in arrear shall amount in respect of one call or more upon one share or more (stating the number and amount of each of such calls) whereby an action hath accrued to the company by virtue of this Act.

Matter to bo proved

20. On the trial or hearing of such action or suit it shall be

in action for calls.

sufficient to prove that tlie defendant at the time of making such call was the holder of one share or more in the undertaking and tliat such call was in fact made and that such notice tluireof given as is directed by this Act and it shall not be necessary to prove the appointment of the directors who made such call nor any other matter whatsoever and thereupon the company shall be entitled to recover what shall be due; upon such call with interest thereon unless it shall appear that due notice of such call was not given or tliat the amount of such call was not in fact due by the defendant to the company in respect of the shares held by him.

Proof of proprietor

21. The 2̂ roduction of the register of shareholders shall be

ship.	primd facie evidence of such defendant being a shareholder and of the number and amount of his shares.
Forfeiture of share.	22. I f any shareholder fail to jiay any call payable by him together with the interest (if any) that shall have accrued thereon the directors at any time afti'r the expiration of two months from the day appointed for payment of such call may declare the share in riisjicct, of which such call was pajmble forfeited and that whether the comjiany have sued for the amount of such call or not.
Notice of forfeiture.	23. Before declaring any share forfeited the directors shall cause notice in writing of their intention to declare such share to be forfeited to be left at or transmitted by post to the usual or last known j)lacc of abode of the person appearing by the register of shareholders to be the proprietor of such share and if the holder of any such share' shall be beyond the limits of the Colonies of New South Wales and Victoria or if his or their last jjlace of abode be not known to the said directors or if the interest in any share shall be known by the said directors to have become transmitted otherwise than by transfer and so the address of the party to whom tlie said share may for the time lieing belong shall not be known to the said directors the said directors shall give public notice of such intention in the Gorernmen t Gazctles of New South Wales and Victoria and also in one or more of the newspapers jmblished in the Colonics of New South Wales and Victoria and the several notices aforesaid shall bt; given twenty-eight days at least before tlie said directors shall make such declaration of forfeiture.
Forfeiture to be

confirmed by a

24. The said declaration of forfeiture shall not take effect so as

general meeting.

to authorize the sale or other disposition of any share until such declaration has been confirmed at some general meeting of the company

to

1861.

24:^ VIC.

599

TValigunyah Murray Bridge Company.

to be held after the expiration of two months at the least from the day on whieh such notice of intention to make such declaration of forfeiture shall have been given And it shall he lawful for the company to confirm such forfeiture at any such meeting and hy an order at such meeting or at any subsequent general meeting to direct the share so forfeited to he sold or otherwise disposed of.

25. Tlie comnanv shall not sell or transfer more of the shares No more sha™s to be

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sold than snfncient

OI any such (leiault(ir than ■will be suihcient as nearly as can be ascer- for )>ayment of calls.

tained at the time of such sale to pay the arrears then due from sucli

defaulter on account of any calls together with interest and the

expenses attending such sale and the declaration of forfeiture and if

the money produced hy the sale of any such forfeited shares he more

than sufficient to pay all arrears of calls and interest thereon due at

the time of such sale and the expenses attending the declaration of

forfeiture and the sale thereof the surplus shall on demand be paid to

the defaulter.

2(5.	I f payment of such arrears of calls and interest and expenses Reversion of sbares

he made hefore any share so forfeited and vest('d hy the company shall	payment
have been sold such share shall revert to the })arty to whom tlie samt? belonged before such forfeiture in such manner as if such calls liad been duly paid.

27. As soon as one thousand shares of the said company shall First general

have hceii suhscadbed for and the deposits paid as aforesaid the first general meeting of the shareholders for putting this Act into execution shall ho held at some convenient place in the township of Wahgunyah between the hours of ton and four in the day time of which meeting not l(!ss than fourteen days notice shall he given hy advertisement in the New South Wales and Victoria Gazettes and in two of the newspapers published in each of the said Colonics one of which said newspapers shall he that which is puhlislied nearest to the township of Wahgunyah and such meeting may he convened hy any three shareholders of the said company and at such first general meeting the shareholders then present shall by themselves or their proxies proceed to elect hy the majority of votes eight shareholders qualified as hereinafter provided to he directors of the company And the future general meetings of the said company shall he held in the months of January and July in each year or at such other stated periods as shall be appointed for that purpose hy an order of a general meeting and the meetings so appointed to lie held as aforesaid shall he called “ ordinary meetings” and all meetings whether ordinary or extraor dinary shall be held at the time and place prescribed at any previous ordinary meeting (if any) and if no time or place shall have been so prescribed then at some time and place to l)e appointed hy the directors.

28. No matters except such as are appointed by this Act to fie done at an ordinary meeting shall he transacted at any such meeting unless special notice of such matters have been given in the advertise ment concerning sucli meeting.

29. Every general meeting of the shareholders other than an Extraordinary

t/

TnpPTlTirrQ

ordinary meeting shall he called “an extraordinary meeting” and such

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meetings may he convened hy the directors at such times as they shall

think fit.

30. It shall he lawful for five or more shareholders holding in Extraordinary

the aggregate not less than one-eighth of the capital of the company ra)̂ ?ih"d\y‘share-

in writing under their hands at any time to require the directors to i‘oiders.

call an extraordinary meeting of the company and such requisition

shall fully express the object of the meeting required to he called and

shall he left at the office of the company or given to at least three

directors or left at their last or usual places of abode and forthwith

upon

600

24" VIC.

1861.

Waligiinyah Murray Bridge Company.

upon the receipt of such requisition the directors shall convene a meeting of the .shareholders and if for tAventy-one days after such notice the directors fail to call such meeting the shareholders signing such requisition and qualified as aforesaid may (‘all such meeting hy giving fourteen days public notice thereof.

Business at extra

ordinary meetings.

31. No extraordinary meeting shall enter upon any business

not set forth in the notice upon Avhich it shall have been convened.

Notice of meetings.

32. Pourteen days public notice at the least of all meetings whether ordinary or extraordinary shall be given by advertisement which shall specify the place the day and the hour of meeting and every notice of an extraordinary meeting or of an ordinary meeting if any other business than the business hereby appointed for ordinary meetings is to he done thereat shall specify the purpose for which the meeting is called.

meeting

Order to Constitute a meeting whether ordinary or extraordinary there shall he present either personally or hy proxy a quorum of eight shareholders representing one hundred sliares and if within one hour from the time appointed for such meeting the said quorum he not present no business shall he transacted at the meeting other than the declaring of a dividend in case that shall he one of the objects of the meeting but such meeting shall except in the case of a meeting for the election of directors hei*einafter mentioned he held to be adjourned sine die.

Chairman at general

34,

evciw meeting of the companv one or other of the

’

folloAving persons shall preside as chairman that is to say the chairman of the directors or in his absence the deputy cliairman (if any) or in the absence of the chairman and deputy chairman some one of the directors of the company to he chosen for that purpose hy the meeting or in the absence of the chairman and deputy chairman and of all tin,' directors any sliareholder to he chosen for that purpose hy a majority of the shareholders present at such meeting.

fuaTalounimenK̂ *	shareholders present at any such meeting shall proceed in the execution of the powers of the company Avith respect to the matters for Avhich such meeting shall have been conA êned and those only and CAcry sucli meeting may he adjourned from time to time and from place to place and no business shall he transacted at any adjourned meeting otlii'r than the business left unfinished at the meeting from Avhich such adjournment took place.
Votes of joint sliare-	30. I f scA'cral pei’sons he jointly entitled to a share the person whose name stands first in the register of shareholders as one of the holders of such share shall for the purpose of \ oting at any meeting he deemed the soh; proprietor thereof and on all occasions the vote of such first named shareholder cither in person or hy proxy shall he alloAved as the vote in respect of such share Avithout proof of the con currence of the other holders thereof.
holders.

Vote of lunatics and

3 7 .

I f any shareholder he a lunatic or idiot such lunatic or idiot

minors &c.

may A’ote hy his committee and if any shareholder he a minor he may vote hy his guardian or any one of his guardians and every such vote may he given either in person or hy proxy.

Proof of a particular

38. WhencA^cr in this Act the consent of any particular majority

onlŷ equiLdaftb votcs at any meeting of the company is required in order to autlio-

■evciit of a poll being rize any proceeding of the company such particular majority shall

sacmandeii. required^to he proAmd in the e\'ent of a poll being demanded at such meeting and if such poll he not demanded then a declaration hy the cliairman that the resolution authorizing such proceeding has been carried and an entry to tliat effect in the hook of proceedings of the company shall be sufficient authority for such proceeding without proof of the number or proportion of votes recorded in favour of or against the same.

1861.

24:^ YIO.

601

Wahgunyah Murray Bridge Company.

39. There shall be eight directors of the said company who Board of dircctorf.

shall he proprietors of at least twenty shares each and who shall he elected hy the shareholders of the said company hy ballot and not less than three directors shall constitute a hoard for the transaction of business of which the chairman of the directors shall always he one except in case of sickness or necessary absence in which case; the directors present may choose one of their number as chairman at that meeting in his stead and the chairman at that meeting shall a oIc at the hoard as a director and in case of there being an equal number of votes for or against any question hefore them he shall have the casting vote.

40. The directors shall have the management and superin- rowers of aireotors.

tendcncc of the affairs of the said company and they may lawfully exercise all the powers ol' tlie company except as to such matters as are directed by this Act to he transacted hy a general meeting of the company hut the exercise of all such ])owers shall he in accordanct; with find subject to the provisions of this Act and also to the conirol and regulation of any general meeting of the said company specially convened for the purpose hut not so as to render invalid any act done hy the directors prior to any resolution passed hy such general meeting.

4 1 . At each general m.ccting which shall he held in the month nethom ent of aircc-

of Julv in each vear two directors shall retire from office such retire-

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ment to he decided hy lot until all the first set of directors in otficc at the first general meeting shall have so retired and then in each succeeding year the directors who sliall have been longest in office shall retire and so on from time to time during the continuance of the said company and at every such general meeting in the month of July in each and every year the shareholders then present hy themselves or their proxies shall elect two new directors in the place of the directors who shall have so retired in the manner hereinbefore provided for the election of the first set of directors Provided always that evi'ry Proviso,

director who shall hy rotation or otherwise go out of office on any general day of election sliall he eligilile to he immediately re-elected a director of the said company and any director who shall at any time he re-clcctcd shall he dccmi'd to have been in office only from the time of such re-election and that all the first set of directors shall have so retired before any new or re-elected director shall retire.

j , 1 1 j i * 1 1 1 m j 1 i *,i • ~ continued on failure 42. I f at any meiffing at which an election of directors ought to take place the prescriheci quonmi shall not be pi’esent within one of meeting for dec-

hour from the time appointed for the meeting no election of directors	‘'‘’■'motors,
shall he made hut such meeting shall stand adjourned to the following day at the same time and place and if at the meeting so adjourned the prescribed quorum he not present within one hour from the time appointed for the meeting the existing directors shall continue to act and retain their powers until new directors he appointed at the general meeting of the folloAving year.

43. No director hy being party to or executing in his cajiacity B'^ctors not to be

of director any contract or other instrument on behalf of the company indemnified!̂ '̂ '”

or otherwise la^v'fully executing any of the poAvers given to the

directors shall he suliject to be sued or prosecuted cither individually

or collectively hy any person Whomsoever and the bodies or goods or

lands of the directors shall not he liable to execution of any legal

process hy reason of any contract or other instrrmient so entered into

signed or executed hy them or hy reason of any other laAvful act done

by them in the execution of any of their poAvers as directors and the

directors their heirs executors and administrators shall he indemnified

out of the capital of the company for all payments made or liability

incurred in respect of any acts done by them and for all losses costs

4 G

and

602

24" VIC.

1861.

JFahgmiyah Murray Bridge Company.

and damages which they may incur in the execution of the powers granted to them and the directors for the time being of the company may apply the existing funds and capital of the company for the purposes of such indemnity and may if necessary for that purpose make calls of tlie capital remaining unpaid if any.

Meetings of

directors.

44-. The directors shall hold meetings at such times as they shall appoint for the purpose and they may meet and adjourn as they think proper from time to time and from place to place and at any time any two of the directors may require the secretary to call a meeting of the directors and in order to constitute a meeting of directors there shall he present at the least the prescribed quorum and when no quorum shall bo prescribed there shall be present at least one-third of the directors and all questions at any such meeting shall be determined by the majority of A'otes of the directors present and in case of an equal division of A'otes the chairman shall have a casting vote in addition to his A'otc as one of the directors.

Committees of

directors powers of

45. It shall be lawful for the directors to appoint one or more

committee.	committees consisting of such number of directors as they think fit within the prescribed limits if any and they may grant to such com mittees respectively poAver on behalf of the eompany to do any acts relating to the affairs of the company Avhich the directors could law fully do and Avhich they shall from time to time think proper to intrust to them.
Meetings of com
mittees.	46. The said committees mav meet from time to time and maA’ adjourn from place to place as they think proper for carrying into efiect the purposes of their appointment and no such committee shall exercise the poAvers intrusted to them except at a meeting at Avhicli there shall be present the prescribed quorum or if no quorum be pre scribed then a quorum to be fixed for that purpose by the general body of the directors and at all meetings of the committees one of the members present shall be appointed chairman and all questions at any meetings of the committee shall be determined by a majority of votes of the members present and in case of an equal division of votes the chairman shall haA’c a casting A’otc in addition to his A"otc as a member of the committee.
Proceedings to bo

entered in a book

47. The directors shall cause notes minutes or copies as the

and to bo evidence.

case may require of all appointments made or contracts entered into by the directors and of the orders and proceedings of all meetings of the company and of the directors and committees of directors to be duly entered in the books to be from time to time provided for the purpose which shall be kept under the superintendence of the direc tors and every such entry shall be signed by the chairman of such meeting and such entry so signed shall be received as evidence in all Courts and before all Judges Justices and others without proof of such respective meetings having been duly convened or held or of the persons making or entering such orders or proceedings being share holders or directors or members of committee respectively or of the signature of the chairman or of the fact of his having been chairman all of which last-mentioned matters shall be presumed until the contrary be proved.

Cases in which ofiico

of director shall

48. I f any of the direetors at any time subsequently to his

become vacant.

election accept or continue to hold any oxher office or place of trust or profit under the company or be either directly or indirectly concerned in any contract with the company or participate in any manner in the profits of any Avork to be done for the company or if such director at any time cease to be a holder of the prescribed number of shares in the company then in any of the cases aforesaid the office of such director shall become vacant and thenceforth he shall cease from voting or acting as a director.

1861.

24« VIC.

603

lFali(ju)ujuh Murray Bridye Company.

49. I f any director die or resign or become disqualified o r ^"PP^y.“'=ca®ioiud

.

T

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ji

v.icancios m omcc ol

incompetent to act as a director or cease to be a director by any otlier directors,

cause tlian that of goin; ̂ out of office hy rotation as aforesaid tlie

remaining directors if they think pi’oper so to do may elect in liis

place some other shareholder duly qualified to he a director and tlie

shareholder so elected to fill up any such vacancy shall continue in

office as a director so long only as the person in whose place he sh:ill	.
have been elected would have been entitled to continue if he had remained in office.
50. All acts done by any mcetiim of the directors or of a com- iriiormaiitics in mittee of directors or hy any person acting as a director shall notwiHi- tov̂ not to standing it may he afti'rwards discovered that there was some deltn*! in invalidate pro file appointment of any such director or jiersons acting as aforesaid or
that they or any of them were or was distpialified be as valid as if every such person had been duly appointi'd and Avas qualified to he a director.

51. Except as othcrAvise prOA'ided for hy this Act the follOAV- Powers ot genera!

ing poAvers of the company that is to say the choice and remoA'al of the directors the determination as to the amount of money to he horroAved as to the augmentation of capital and the declaration of dividends shall he exercised only at a general meeting of the company.

52. Shareholders shall he entitled to vote either hy themselves scaic of voting,

or hy their agents holding their letter of authority under their signa ture to exercise their right to vote at general meetings (the said letter of autiiority from shareholder to his agent to he lodged prior to exercising the right to vote Avith the secretary of the company) according to the folloAving scale—for any nnmhcr of shares up to and inclusive of five shares one vote for any number of shares up to and inclusive of ten shares tivo votes for any number above ten and not exceeding tAventy three votes for any number ahoA'c tAventy and not exceeding fifty four votes and for any number above fifty and not exceeding one hundred five votes and for any number exceeding one hundred six votes Provided ahvays that no shareholder shall hc' entitled to vote ;it any meeting unless he shall have paid all the calls then due upon the shares held hy him.

53. It shall hc lawful for the company from time to time to

b y -la w s .

make such by-hiAVs as they think fit for the ])urpose of regulating the ]\„vcr to make conduct of the officers and servants of the eompany and for providing tiy-iaws fov the for the due managcmc'nt ol‘ the affairs of the company in all respects company.

AvhatsoeA'cr and from time to time to alter or rejical any such hy-hiAVs and make others provided such hy-laAvs he not repugnant to the hiAvs of the realm or to the provisions of this Act :ind such hy-hvAVS shall he reduced into writing and shall have affixed thereto the common seal of the company and a copy of such hy-laAvs shall he given to every offic(;r and servant of the company affected thereby.

54. It sh all he laAvful for the eomT)any h y such hv-laAvs to i'inos for breaoii ot

.

J.

«/

1/

csnf'li nv-lnw<

•

1

1 1

1 j *

1 1

1

*

y

IciAV o .

impose such reasonable penalties ujion all persons being ofheers or servants of the company offending against such hy-laAVS as the com pany think fit not exceeding five pounds for any one offence.

55. All the hy-laAvs to he made hy the company shall hc

framed as to alloAV the Justice hefor(' Avhom any penalty imposed penalties may be

therc'hy may hc sought to he recovered to order a part only of such mitisated.

penalty to he paid if such Justice shall think fit.

56. The production of a Avritten or printed copy of the hy-laAVS Evidence ofi)y-iaws.

of the company having the common seal of the eompany affixed thereto shall be sufficient evidence of such by-laws in all cases of prosecution under the same.

57. As soon as one thousand shares of the capital stock of the Commencement ot

said company shall have been actually subscribed for and the sum of

five

604

24̂ VIC.

1861.

WaligunyaJi Murray Bridge Company.

live hundred pounds sterling paid up it shall he lawful for the said company and they are hereby authorized and empowered to make and construct a Bridge over the Biver Murray at and from the northern end of Eord-street AYahgunyah aforesaid to and upon the land being Crown land on the New South Wales side of the river at the spot named in the preamble to this Act being situate immediately above the present punt road and in the river frontage reserve in the parish of Corowa.

Power to "enter upon	58.	For the purposes and subject to the provisions of this Act
and take lands.

it shall be lawful for the said company their successors agents and workmen and all other persons hy them authorized and they are hereby empowered to make from and set out a proper commodious and con venient road and approach to the said bridge the road to be three chains wide and the approach to be from the present terminus and meeting of the two lines of Government surveyed road each one and a half chains wide and also upon obtaining the necessary consent and authority in that behalf through and along the aforesaid line or direction to dig and make proper foundations in the said river or on the banks thereof and to cut remove and carry away and use any earth gravel stone timber or any other material or things which may be dug or obtained therein or otherwise in the execution of the powers of this Act and which may be proper and necessary for making maintaining altering repairing or using any such bridge and the course or channel of the river and making such proper embankments ways and approaches thereto as may be required or which may obstruct the making main taining altering repairing or using the same respectively according to

No okstiT.ction to be the true intent and meaning of this Act	Provided always that a due
olTercd to the navi

gation of the riycr.	regard be paid by the company to the interests of those engaged now or hereafter in the navigation of the Biver Murray that is to say that a specific height of not less than fifteen feet be preserved from the highest known flood water level to the crown of the centre of the bridge and moreover that all impediments or obstructions to the navigation of the river at this spot be removed after completion of the bridge.
Tolls allowed.	59. In consideration of the great charges and expenses which the said company must necessarily incur and sustain in making and maintaining the said liridge and other the works hereby authorized to be made it shall be lawful for the said company upon the completion thereof from time to time and at all times hereinafter to ask demand take recover and receive at a toll bar or gate to be erected on or at the said bridge the tolls to be hereafter determined by the directors of the said company Provided such tolls shall in no case exceed the tolls specified in the Schedule C annexed to this Act and no higher tolls shall be charged demanded or received than such as are specified in the said Schedule for each and every person animal cart carriage dray wagon and other vehicle which shall pass over such bridge.
Toll bar and house
and collectors.	60. It shall be lawful for the said company to erect and make a toll bar or gate at upon or near to such part of the said bridge as to the company shall seem expedient and to collect and receive the tolls thereat and to nominate and appoint some fit and proper person to attend to the said toll bar or gate to collect and receive the tolls thereat Provided that at the expiration of this Act the said bridge toll-house land premises and appurtenances shall be and from henceforth deemed to be public property and vested in tlie Crown accordingly.

Exemption from

61. Toll shall not be demandable or taken by virtue of this Act

tolls.

for any horses or carriages of or belonging to the Governor General of New South AVales for the time being or to any person in actual atten dance upon him or for or in respect of any horse beast carriage or other vehicle carrying the Post Office mails nor for any officers and

soldiers

1861.

24:̂ VIO.

605

Walujimyah Murray Bridge Company.

soldiers of Her Majesty’s forces or of any corps of volunteers being in proper staff regimental or military uniform dress or undress nor from any policeman or constable carrying his staff of office or in his proper dress in respect of themselves or tlieir horses nor of any carriages or horses belonging to Her Majesty or employed in Her service when conveying pei-sons baggage arms or ammunition or returning there from nor from any person or persons horse beast candage or other vehicle employed in the repairs of the public roads or bridges whilst engaged in carrying on such repairs or drawing materials for the same.

G2. It siiall be lawful for the said company to demise and to farm let the tolls demandable under and by virtue of this Act at or upon the said bridge and the lessee or lessees shall have the same powers of demanding collecting and taking the said tolls as are hereby given to the said company.

'"'‘y

G3. The said lessee or lessees during such time as the said tolls ô'jiector'''̂ appoint

shall be so leased to them as aforesaid shall and may nominate and appoint such other person or persons as he she or they may think necessary to collect demand and take the tolls so demised leased and farmed and such person or persons so appointed as aforesaid shall and may use all means and methods for the recovery thereof in case of non-payment as the said company and such lessee or lessees might or could do under and by virtue of this Act.

G I. In case the toll demandable at or on the said bridge shall Remedy against

be demised by the said company to any person or persons and the lessee or lessees shall neglect or refuse to perform the conditions on which the same shall be so h;t or in case the rent or rents agreed to be paid by such lessee or lessees or any part thereof shall be in arrear for the space of ten days next after the day on Avhich the same ought to be paid or the term for which such lessee or lessees held the same shall in any manner become void or have expired and the lessee or lessees neglect or refuse to deliver up possession to the said company it siiall and may be lawful for any Justice of the Peace upon complaint made upon oath by or on behalf of the directors of the said company by warrant under his hand and seal to order a constable or other peace officer with such assistance as may be necessary to enter upon and take possession of the said bridge and the toll-house at or thereon and all appurtenances thereto lielonging and to remove and put out such lessee or lessees and the collectors keepers servants or other person or persons who shall be found therein together with his or her or their goods from the possession thereof and from the collection of the tolls thereof and the lease contract or agreement for the same shall thence forth cease and be utterly void to all intents and purposes except as to the conditions or agreements contained therein on the lessee’s part and behalf and which shall or may have been broken and the same tolls and toll-house may be given let or demised to any other person or persons and may in the mean time be collected by the said company their servants or agents in that behalf.

G5. The said company are hereby required and the lessee or Tabic of toils with

lessees of the said tolls shall and arc hereby required during the whole time that he or they shall take or continue to be the lessee or lessees of the said tolls to put up or cause to be put up and continued in some conspicuous place at or near the toll-gate or at or upon the toll-house at or on the said bridge a table in distinct legible black letters on a board with a white ground containing at the top thereof the name of the bridge and also a list of the tolls payable at the said bridge distin guishing severally the amount of tolls and the different sorts of cattle beasts carriages or other vehicles for which they are severally to be paid when there shall be any variation therein and the said company and the said lessee or lessees during the Avhole time that he or they

shall

GOG

2 r VIC.

1861.

Wahgunyah Murray Bridge Company.

shall contiime to take or to he the lessee or lessees of the said tolls shall place in some conspicuons place near to such hoard the Christian and surname of the collector or keeper of the said tolls who shall he on duty for the time heini^ and shall continue the same during the whole time such collector or keeper of the said tolls shall he on duty and shall change the same in every change that may take place in such collector or keeper on duty to the names of the collector or keeper that may succeed as often as any such change may take place and if the said comj)any while they shall take the said tolls or their lessee or lessees shall refuse or neglect to put up such table of tolls as aforesaid or to cause the name or names of the said collector or keeper of such tolls for the time being to he put up as aforesaid or if the collector or keeper of such tolls he not in attendance at all times hy day and by night at the place at which he is stationed or ought to be or shall demand or take a greater toll from any person than he is hereby authorized to do or shall refuse to permit and suffer any person or persons to read or shall in any manner hinder or prevent any person or persons from reading the inscription on the said boards or the name or names so fixed up as aforesaid or shall refuse to tell his Christian or surname to any person or persons who on paying the said tolls shall demand to know the same or any of them or upon the legal toll being tendered or paid shall unnecessarily detain or wilfully obstruct hinder or delay any passenger or passengers from going through the toll- gate at or upon the said bridge then and in each and every such case the said collector or collectors of the said tolls shall forfeit and pay for every such offence any sum not exceeding forty shillings to be recovered and applied as hereinafter mentioned.

No passing without

payment of toll.

66. I f any jierson liable to the payment of any of the said tolls under this Act shall after demand neglect or refuse to pay the same or any part thereof it shall be lawful for the person having right or authority at the time to collect the same to prevent such person or persons from passing through the said toll-gate and to shut close and fasten the same and to keep and continue the same closed and fastened until the said toll be paid.

Cattle &c. counted.

67. All cattle horses sheep and other beasts for which toll is demandable and payable under this Act shall be counted by the lessee or collectors of tolls or keeper of tlie said gate under this Act before such cattle horses sheep or other beasts shall pass over the said bridge.

Peiialt}' on passing

68. I f any person or persons shall resist or make forcible

witliout paying toll.

opposition against or shall assault any person or persons having right or authority to collect the said tolls in the execution of their duty or shall pass through the toll-gate at or on the said bridge or shall drive or cause to be driven any cattle horse sheep or other beast for which toll shall be payable through the said toll-gate without paying on demand the legal toll to which he or they is or arc liable every such person shall for every such offence forfeit and pay a sum not exceeding live pounds to be recovered and applied as hereinafter mentioned.

^̂ 'eoivctor

lessee or collector of tolls under this Act or any

or CO tc or.

keeper of a gate on the said bridge shall upon the legal toll being tendered or paid unnecessarily or for any unreasonable time detain or wilfully obstruct hinder or delay any passenger or passengers or his or their horses beasts or carriages carts or other vehicles from passing over the said bridge or if such lessee or collector of tolls or keeper of any gate on the said bridge shall make use of any uncivil scurrilous threatening or abusive language or behaviour to any traveller or passenger travellers or passengers over the said bridge then and in each and every such case the said lessee or collector of tolls or keeper of a gate on the said bridge shall forfeit and pay for every such offence any sum not exceeding five pounds to be recovered and applied as

hereinafter directed.

70.

1861.

24̂ VIC.

607

IVnhguniiah Murray Bridge Company.

70. I f anv person or persons shall nnlawfiilly and nialiciouslv P<;St>;oying or

pnll doAvn or in any way destroy or do any injury to the said hridg’e feiouy.”

°

with intent and so as thereby to render such bridge or any part thereof dangerous and impassal)le (wery such offender shall he deemed guilty of telony and being convicted thereof in any Court of competent jurisdiction sliall lie liable to ho iinjirisoned or kept to hard labor on th(' roads or other public works of the Colony for such term not exceeding three years as the said Court shall think tit.

71. I f any person or persons whosoever shall wilfully or

any'|nrt of

ciously injure pull down or cut down pluck up throw down break level

‘

or otherwise damage dimiolish or destroy any toll gate chain post or rail bar wall or other fence' or fences lamp or lamps belonging to the toll gate at or upon the said bridge or table of tolls put up therc'at or any part of the said bridge then and in each and every case the person so oihmding shall forfeit and pay for every such offence a sum not exceeding ten pounds over and above the damage occasioned thereby to be recovered and applied as hereinafter mentioned.

72. It shall be lawful for any one or more Justice or J'̂ '̂̂ tiecs

committed against the true intent and meaning of this Act (except in

cases of felony hcrc'inbeforc mentioned) and for that purpose to summon

before him or them any party or parties accused of being an offender

or offenders against the same and in case the party accused shall not

appear on such summons or offer reasonable excuse for his default

then and in every sudi ease any such Justice or Justices is or arc

hereby authorized and required to proceed to make inquiry touching

the matters complained of and to examine any witness or witnesses

who shall be offered on ('ither side on oath whieh oath every such

of the Peace to hear and determine in a summary way all offences * who shall appc'ar and the witnesses offered on either side such Justice or Justiees sliall convict or acquit the party or parties accused and if the penalty or money forfeited or directed to be paid in any conviction be not duly ]iaid forthwith then every such Justice or Justices shall on the non-payment of the penalty or sum of money directed to he paid and the charges tlu'rcon by warrant under his or their hand and seal or hands and seals commit every such offender or offenders to some one of the common gaols of the, said Colony for any pci’iod not exceeding three months Provided always that no person or persons shall hc convicted of any offence or offences contrary to the provisions of this Act in a summary way as aforesaid after the expiration of three months from the time when any such offence or offences shall have been committed.

'

73. One moiety of all penalties or sums of money recovered Application of

under this Act shall lie paid to the informer and the other moiety to Her Majesty Her Heirs and Successors for the public uses of the Colony and for the sup]iort of the Government thereof.

71. No summary conviction under this Act shall he quashed Want of form cured,

for want of form or he removed or removable by writ of certiorari or otlu'i'wisc into the Supreme Court and no warrant and commitment shall be held A'oid by reason of any defect therein provided that it be therein allcgt'd tliat the jiarty has been convicted and that there hc a good and valid conviction to sustain the same.

75. The directors of the said company shall at each of the half- iiaif-yeariy awi-

yearly general meetings made dividends of the surplus tolls and pi'olits	°	‘
arising to the said eompany after deducting therefrom the costs charges and expenses of the said company as well as of the repairs of the said bridge toll-gate or toll-house belonging to them as for the salaries and allowances of the several officers and agents and for such other purposes connected with the said company as may he deemed

proper

608

24̂ VIC.

1861.

Wahgunyah, Murray Bridge Company.

proper by the said directors consistent with the hy-laws rules and

regulations of the said company.

Ecceipts of guardians

76. I f any money he payable from the said company to any

of minors &c.	shareholder or other person being a minor idiot or lunatic the receipt of the guardian of such minor or the receipt of the committee of such idiot or lunatic shall be a sufficient discharge to the said company.
Profits reserved.	77. Before apportioning the profits to he divided among the shareholders the said directors may if they think fit set aside there from such sum as they may think proper to meet contingencies or for improving or repairing the said bridge toll-gate or anything connected therewith and may divide the balance only among the shareholders.

Dividend on shares

78. Xo dividend shall hc paid in respect of any share until all

in arrear.	calls then due in respect of such and every other share held hy the person to whom such dividend may he payable shall have been paid.
pceipt of minors or	I f aiw mouev he pavahle from the said company to any shareholder or other person being a minor idiot or lunatic the receipt of the guardian of such minor or the receipt of the committee of such idiot or lunatic shall be a sufficient discharge to the said company for the same.
Profits reserved.	80. Before apportioning the profits to ho divided among the shareholders the said directors may if they think fit set aside therefrom such sum as they may deem proper to meet contingencies or for enlarging repairing or improving the said bridge toll-gate or anything connected therewith and may divide the balance only among the shareholders.
Dividend on shares
in arrear.	81. No dividend shall he paid in respect of any share until all calls then due in respect of such and every other share held hy the person to whom such dividend may he payable shall have been paid.

Liability of

82. I f any execution either at law or in equity shall have been

shareholders.	issued against the property or effects of the said company and if there cannot he found sufficient w'hereon to levy such execution then such execution may he issued against any of the shareholders to the extent of the amount of their subscribed shares in the capital of the company only Pro\'ided always that no such execution shall issue against any shareholder except upon an order of the Court in which the action suit or other proceeding shall have been brought or instituted made uj)on motion in open Court after sufficient notice in writing to the persons sought to he charged and upon such motion such Court may order executions to issue accordingly and for the purpose of ascertaining the names of the shareholders and the amount of their respective shares it shall he lawful for any person entitled to any such execution at all reasonable times to inspect without fee the register of share holders required to he kept by the company in pursuance of one of the clauses of the Imperial Act herewith incorporated Provided further that nothing herein contained shall extend to charge or make liable any shareholder of the said company or his real or personal estate with or for any debt or demand whatever due or to become due from or hy the said company for any of the matters or things authorized hy this Act to he made done or completed beyond the extent of double the amount of his shares in the capital of the said company as afore said any law custom or usage to the contrary thereof in anywise not withstanding.
Keimbnrseraent of
such shareholders.	83. I f by means of any such execution any shareholder shall have paid any sum of money beyond the amount then due from him in respect of calls hc shall forthwith be reimbursed such additional sum by the directors out of the funds of the company.
Increase of capital.	84. It shall be lawful for the said company to raise any further sum or sums of money not exceeding altogether four thousand pounds in addition to the said capital of eight thousand pounds for executmg

completiog

1861.

24<’ VIO.

609

IVahguuyah Murray Bridge Company.

completing and maintaining the bridge and other works hereby authorized and the said company are hereby authorized and empowered to raise any such further sum or sums hy contributing among them selves or hy the admission of other persons as subscribers to tlu5 said eompany and issuing new shares of five pounds each to such contri butors or subscribers but so that each such subscriber or contributoi- shall not pay a less price tlian five pounds for each new share and that all such new shares shall be and be deemed personal estate and be dealt with and be transmissible accordingly and every corjioration and person wbo shall contribute and pay upon and in respect of such new shares or who may become entitled thereto and their several and respective successors executors administrators and assigns shall be and are hereby declared to bo owners or proprietors of sliares in the said company and shall become entitled to be incorporated with the said eompany.

85. In case it shall at any time be thought expedient by the conowing uu

said company to raise any sum or sums of money by way of loan it shall be lawful for tbe said company by any order of any gemu’al meeting of tbe said c^ompany to borrow and take up at interest in addition to the money which the said company are authorized by the fifth clause of this Act to receive in advance from the sharehold(!rs any such sum as to them shall s(!cm meet and convenient not exceeding at any time one half of the amount of the capital of the said company tlu'u actually paid up and the said company after an order shall havi' been made for tbat purpose* by any general nu^eting are hereby authorized and empowc'red to assign tin* property of the said company and the rates arising and to arise by virtue of this Act or any part thereof (the costs and charges of assigning the same to be paid out of tbe same; rates) as a security for any such sum of money to be* borrowed as aforesaid with interest to such person or his trustee as shall advanei; the same all which said mortgages or assignments shall b(̂ made undei* the common seal of the said company and in the words or to the effect set forth in the Schedule T) to this Act annexed And all and every the person or persons to whom such mortgage or assignment shall be made shall be equally entitled one with the other to his or her or their j)roportion or proportions of the said rates and premises according to the respective sums in such inoi’tgages or assignments mentioned to 1)C advanced without any pi’eferenee by reason of tbe priority of date of any such mortgage or assignment for any amount wbatsoev(*r and an entry or nii'morial of every srudi mortgage or assignment containing the number and date thereof and tbe name or names of the person or persons with the proper additions to whom tbe same shall have been made and of tbe sum borrowed together Avith tbe rat(! of interest to be paid thereon shall within seven days next after the date thereof be entered in a book or books to be; kept by tin* secretary or other proper officer of the said company which said book or books shall and may bî perused at all I’easonable times by any of the proprietors mortgagees or creditors of the said eompany or other person intena'sted therein Avithont fee or rcAvard and even-y person to Avhoni any such mortgage* or assignment shall haA'e been made as aforesaid or AA’ho shall be entitlecl to tbe money duo tbere'on shall and may from time to time transfer his right and int(*rest therein to any person Avhomsoevcr AAliich transfer shall or may be indoi’sed in the Avords or to the? effect set forth in the Schedule If to this Act annexed And every such transfer shall Avithin fourteen days after the date thereof be produced to the seerdary of the said (‘ompany wbo shall cause an entry or memorial to be made thereof in the same nianncn* as tin; original mortgages and assignments for Avhich tin? said secretary shall be paid such sum as the said company shall appoint

4 H

not

610

24̂ VIO.

1861.

TValigunyah Murray Bridge Company.

not exceeding five shillings and after such entry made every transfer shall entitle such assignee his executors administrators and assignees to the full benefit thereof and payment thereon and it shall not be in the power of any person who shall have made such transfer to make void release or discharge the same or any sum of money therein due or thereby secured or any part thereof.

Interest on

mortgage.	86. The interest of the money which shall he raised hy mortgage as aforesaid shall he paid half-yearly to the several persons entitled thereto in preference to any interest or dividends due or payable by virtue of this Act to the said shareholders or any of them.
Mortgagee not
to vote.	87. No person to whom any such mortgage or assignment shall be made or transferred as aforesaid shall he deemed a proprietor of any share or shall he capable of acting or voting hy virtue of such assignment either as principal or by letter of authority to an agent at any meeting of the said company for or on account of his having lent or advanced any sum of money on the credit of any mortgage or assignment.
New mortgage.	88. In case the said company shall raise any sum or sums of money by mortgage and shall afterwards he required or he desirous to pay off and shall pay off all or any part of the principal sum secured by such mortgages or any of them then and in every such case it shall he lawful for the said company and they are hereby authorized and empowered immediately or at any time or times thereafter again to raise in lieu of the principal money so paid off or to he paid off by them so much and such sums of money as they shall from time to time have paid off or he required and he desirous to pay off to the holder of such mortgages or any of them or any part thereof and so from time to time as often as the same shall happen but so neverthe less that the mortgage debts of the said company shall not in any event exceed one-half of the amount of the capital of the said com pany actually paid up.
Purchase of the

bridge hy Govern

89. It shall lie lawful for the Governor of the said Colony for

ment.

the time being with the advice of the Executive Council thereof at any time after the expiration of twenty-one years from the completion of the said bridge to purchase the same with all its appurtenances in the name and on behalf of Her Majesty or Her Successors upon giving to the said company six calendar months notice in writing of the intention so to do and upon payment to the said company of a sum equal to the whole sum expended in erecting and completing the said bridge and its appurtenances together with a premium thereon of ten per cent. Provided always that the said company shall within one calendar month after the completion of the said bridge file in the office of the Chieff Secretary of the said Colony a true and faithful account in detail of all costs and expenses occasioned hy and incident to the erection of the said bridge and verified hy the declaration of the chairman of the said company and that the amount of such costs and expenses shall he the sum ujion which the said premium shall be estimated Provided also that at any time during the continuance of the said term of twenty-one years if it he considered expedient and a general meeting of the said company shall have authorized the same it shall he lawful for the said company to sell and dispose of the said bridge and its appurtenances and to assign the interest of the said company in the same to Her Majesty and Her Successors upon such other terms as may in such case be agreed upon between the said company and the Governor of the said Colony for the time being and that upon (!omph;tion of such sale the right of the said company to demand and take tolls and their liability to keep and maintain the said bridge in repair under this Act sliall cease and determine.

1861.

24° VIC.

611

JVahgunyah Murray Bridge Company.

90. I f any person sliall wilfully make any false statement as to False declaration,

any material particular in any declaration made and subscribed by him under tbe û’ovisions of tins Act be shall be deemed guilty of a misde meanor and punished accordingly.

91. When in this Act any word is used importing the singular Rules of interpreta-

number or maseuline gender only tbe same shall be understood also t o ‘‘'”'-

include several matters several persons and females as well as males

and when the word “ lands” is used the same shall be understood to

include tenements and hereditaments and when tbe Avord “ corporation”

is used the same shall b(' understood to mean any body politic corpo-

rat(̂ or collegiate civil or ecclesiastical aggregate or sole and Avlnm the

word “ bridge” is used the same shall be understood to mean and com

prehend every road constructed by tbe company unless in any of tbe

cases afoi’esaid it be otb(n’wisc specially provided or there be something

in the subject or context repugnant to such construction and tin; word

“ prescribed ” shall be construed to refer to any matter prescribed or

provided for by this Act and the expression “ the undertaking ” shall

mean the construction of a Bridge over the lliver Murray from the

end of Eord-street Wabgunyab A îctoria to the Corowa llescrvc afore

said and any other Avorks or undertakings by this Act authorized to be

constructed or executed and the expression “ director” and the expres

sion “ shareholder” shall mean director and shareholder respcctiv(3ly

of the aforesaid company and the expression “ company” shall mean

the aforesaid “ AEahgunyah Murray Bridge Company.”

92. At any tim(> of tlu! expiration of ninety-nine years from the Dissolution of

passing of this Act it shall be laAthul for the Governor for the time being of the said Colony Avith the advice of the ExecntAc Council thert'of by advertisement in the Gazette of the said Colony to dissoB’e and determine the said corporation and thereupon the said corporation of the “ AAhhgunyah Alurray Bridge Company” shall ipso facto be dissolved aird cease.

93. Unless the said bridge shall be properly built and perfected Dmatiou of Act.

Avithin three years after the passing of this Act this Act shall there upon cease to be in force and the said company bo ipso facto dissolved.

91. Nothing in this Act contained shall be deemed to affect or Rights of tiic Croivn.

apply to any right title or interest of Her Alajesty Her lltnrs and Su(;c('ssors or of any body or bodies politic or corporate or of any other pt'rson or persons excepting such as arc mentioned herein or of those claiming by or under him or them.

SCHEDULES IIEEEIIEED TO.

SCEIEDULB A.

Form o f CcrtUlcate o f Sha7‘es.

The Wahgunyali Murray ]?ridge Company number

Tliis is to oertify

that A. B. of

is the proprietor of the share number

of the

Wahgunyah Murray Bridge Company subject to the regulations of the said company.

Given under the common seal of the said company the

day

of	in the year of our Lord

SCHEDULE B

612

2 r VIO.

1861.

Wahgimyah Murray Bridge Company.

SCHEDULE B.

Form of Assessment o f Shares.

I

of

in coDsideration of

paid to me

by

of

do hereby assign and transfer to tbe said

share (or shares as the case may be) numbered

of and in tbe Wahgunyah Murray

Bridge Company To hold unto the said his executors and administrators and assigns subject to the several conditions on which I held tbe same immediately before the execution hereof and I the said do hereby agree to purchase and hold the said

share (or shares) subject to the same rules orders restrictions and conditions

As witness

our hands the

day of

a .d . 18

SCHEDULE C.

Table of Tolls,

s.

d. • >

F o r

e v e r y

foo t

p a s s e n g e r

. . .

0

2

F o r

e v e r y

p i g

o r

g o a t

. . .

0

F o r

e v e r y

.sheep

or

l a m b

. . .

0

0 1

F o r

e v e r y

hor.^c

m a r e

a ss or

m u l e

. . .

1

0

F o r

e v e r y

h e a d

o f

n e a t

c a t t l e

. . .

0

4

F o r

e v e r y

c a r t

d r a y or o t h e r v e h i c l e d r a w n

b y o n e or

m o r e b e a s t

1

0 per

w h e e l

F o r

e v e r y

s u c h

b o a s t

. . .

0

G

N.B.— No second tolls payable upon returning the same day nor double tolls on Sunday.

SCHEDULE D.

No.	Form of Mortgage.

The Wahgunyah Murray Bridge Company by virtue of an Act passed in the

year of Her pre.'̂ ent Majesty Queen Victoria intituled “ A h A c t to incorporate a

Company to hc called ‘ The Wahgimyah Murray Bridge Comp>any” in consideration of tbe sum of paid to the said company by doth assign unto the said his (or her) executors administrators and assigns the bridge and other worh.s of the said company and all and singular the rates arising by virtue of the said Act and all the estate right title and interest of in and to the same to hold unto tbe said his (or her) executors administrators and assigns until the

said sum of

together with interest for the same after the rate of

for every one hundred pounds for a year shall be fully paid and satisfied.

Given under the common seal of the said company this

day of	in the year of our Lord one thousand eight
hundred and

SCHEDULE E.

Form of Transfer of Mortgage.

I (or wc)

of

in consideration of the sum of

paid by

of

do hereby transfer the written mortgage

and premises and all tny right and prof city therein to the said

his heirs cxceutors administrators and assigns.

Dated this

day of

in the year of our Lord

one thousand eight hundred and

ANNO

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Citations

Wahgunyah Murray Bridge Company Act 1861 No wmb (NSW)

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