Willoughby and Gordon Tramway Act Amending Act (1890 No wgt) (NSW)

WlLLOl'fiHIiY AjD An Act to amend the “ Willoughby and

G o rd o n T r a m w a y

A(.t A m endin’o .

Gordon Tramway Act of 1887.” [17̂ /̂

September, 1890.]

Preamble.

"ITTIIEEEAS Lv tlic “ Willoughhv and Gordon Tramway Act of V V 1887,” Andrew Armstrong and James Alexander Brown, hotli

therein described, their heirs, executors, administrators, or assigns, were authorised upon the conditions and terms therein contained to construct, subject to the liabilities therein imposed, a tramway for con- A’cying passengers and their luggage and other goods and merchandise on the line in the said Act more particularly described, provided that the said tramway should he constructed and brought into use within three years from the passing of the Act. And whereas the “ North Sydney Investment and Tramway Company (Limited),” being a joint stock company, duly registered and incorporated under and in accord­ ance with the provisions of the “ Companies Act” (hereinafter called “ the said Company”), is possessed of and entitled to an estate con­ sisting of over one thousand acres of land in the parish of Willoughby, county of Cumberland, in the Colony of New South Wales. And whereas the said Andrew Armstrong and James Alexander Brown, by a certain indenture, dated the sixteenth day of October, one tliousand eight hundred and eighty-eight, duly assigned and transferred to the said Com]:)any, its successors and assigns, all the authority then vested in the said Andrew Armstrong and James Alexander Brown to construct the tramway specified in the said “ Willoughby and Gordon Tramway Act of 1887,” and all and singular the benefits, privileges, and advantages arising out of or to he derived from the said Act of Parliament and the said Tramway. And whereas the said Company

have.

1890.   54“ VIC.

Willoughby and Gordon Tramway Act Amending.

have, under the authority of the said Act, constructed a portion of the said tramway, namely, from tlie terminal point of the Saint Leonards cable tramway to Amhcrst-strect. And whereas the said Company arc now erecting in connection with the said tramway a bridge across Long 13ay, and it is considered that the route specified in the said Act is difficult of formation, and upon survey it is found to ho inexpedient to carry out the same, and the said Company are desirous of deviating from such route, and to construct the said tramway along the route hereinafter described and set forth, passing through certain lands the property of the said Company, and also along and across certain streets and roadways in the town and Municipality of Saint Leonards, and in the Municipality of North Willoughby, and through certain private lands, which lands, streets, and roadways are more particularly hereinafter described, and such deviation and construction cannot he made without Legislative authority. And whereas it is desirable to extend the time Avithin Avhich tbe said tramway is to be constructed and brought into use. Be it therefore enacted by the Queen’s Most Excellent Majesty, by and with the advice and consent of the Legis­ lative Council and Legislative Assembly of Ncav South Wales in Parliament assembled, and by the authority of the same, as follows :—

1. The first section and the Schedule of the Principal Act arc Repeal of the first

hereby repealed except as to tbc line between the terminal point of the

Saint Leonards cable tramway and Amherst-street, and in lieu of the except*as to certain’

first section and tbc said Schedule, tlic third section of this Act and the

Schedule hereto shall be read in substitution thereof.

2. It shall be laAvful for the said Company on the terms a n d Authority to doriato conditions and subject to tbe provisions and other enactments in the said lo°Znwtimmw%. Principal Act and hereinafter contained to deviate from the route of the

said tramway as described in the said principal Act and in lieu thereof to make and construct such traniAvay with such loop lines, branch lines, and sidings as may be required for the safe and convenient working and use of tbc said tramway, and from time to time to alter and repair the same for conveying passengers and their luggage, merchandise, goods, coal, timber, and other material to and from tlie said terminal point of the Saint Jjconards Cable TraniAvay, or from a point in Ambcrst-strect, and thence by the lines described in tlie Schedule to this Act to the termi­ nation at a point in tlie Canimcray estate, near the junctionof the Teralba lloadandtheWarraneBoadinthemunicipality of North‘Willoughby, and along tbe branch lines described in Schedule B, C, and D to this Act, and Entry upon etreei,

to such portions of tbc Company’s estate as may hereafter be determined, and to take and use so much of the streets or roadways, and so much of the lands of prAate persons, Avhich arc mentioned in the said Schedule, as the said Company may require, hut so that the same shall not occupy Maxinnnn

of

in any part of the said street or roadway a greater space in Avidth than tAventy-tAVo feet, including the support and foundations thereof, or in the said private lands a greater space in breadth than tAventy-tAVO feet including the support and foundations thereof; proAuded that the said tramAvay shall he constructed in a proper and Avorkmanlike manner, and be brought into use Avithin three years from the passing of this Act, and the said branch lines mentioned in Schedule B, C, and ~D to this Act, within liAm years from the passing hereof. Provided further that in the event of the said tramAvay and branch lines not being con­ structed Avithin the times lastly heforementioned, then all the powers and priA'ileges granted by this Act shall cease and determine.

3. Such lands as shall be required shall be taken under the tnmis t*kcn |o bo

proAusions of tins Act, for the purpose of the said tiamAiay, togcthei ■u-ithout convoyance.

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

maybe necessary for the making and repair thereof, and shall be vested by virtue of this Act and Avithout the necessity of any conveyance to

the

54̂ VIC. 1890.

Willoughby arid Gordon Tramway Act Amending.

the said Company for the purposes of the said tramway. Provided that no lands vested in the Eailway Commissioners of New South Wales shall by virtue of this Act he vested in the said Company.

Owners may mine. Provid(;d also that nothing lierein contained shall prevent tlie owners of such adjacent lands from carrying on any mining operations under­ neath the said tramway which shall not interfere with the safety of the said tramway and the" traffic thereon. And the said Company shall have no further right to the soil of the said lands heneath the surface than shall he requisite for the formation, support, and repair

Before roads. . of the said tramway hy cutting, emhanking, or otherwise. Provided to*bf suwTuded?̂ '" also that if in the exercise of the poAvers hereby granted it be found

necessary to cross, cut througli, raise, sink, or use any part of any street, or roadAAuy, whether carriage-road or horse-road, so as to render it impassahlc for or dangerous or inconvenient to the persons entitled to the use thereof, the said Company shall before the com­ mencement of any such operations cause a sufficient road to he made instead of any street or roadAvay interfered Avith, and shall, at its own expense, maintain such substituted road in a state as convenient as the road interfered Avith, or as nearly as may he ; and the said Company,

AVurks for benefit, of hoforc tlic Said laiids of the said OAvners of land respectively shall he

used for any of tiic purposes aforesaid, shall, if required so to do,

To fence where

necessary.	separate the same hy a sufficient fence from the land adjoining thereto Avith such gates as may he required for the couAnnient occupation of such land, and shall also, to all priAnte roads used by them as afore­
Gates.	said, put up fences and gates in like manner in all cases Avhere the same may he necessary to prcAmnt the straying of cattle and horses
Bridges^ &e.	from or upon the lands traversed hy such roads. And shall also make and at its OAvn expense maintain such and so many convenient bridges, arches, cuEerts, and passages over, under, or hy the sides of, or leading to or from the traniAvay as may he necessary for the purpose of making good any interruptions caused hy the traniAvay to the use of the lands, streets, or roads through Avhich the traniAvay shall he made, and such Avorks shall he made fortliAAdth after the part of the traniAvay passing over such lands, streets, or roads shall have been laid out or formed, or
Draiii-s, &c.	during the formation thereof. Also all necessary arches, tunnels, cul­ verts, drains, or other passages, either OAnr, under, or hy the sides of tlie traniAvay, of such dimensions as will he sufficient at all times to convey the Avater as clearly from the lands, streets, or roads lying near or affected hy tlie traiuAvay, as before the making of the tramAvay, or as nearly so as may lie, and such work shall he made from time to time as the tramway works proceed. ProA'ided alAvays that the said Company and their assigns shall not be required to make such accom­ modation AVorks in such a manner as Avould prevent or obstruct the working or using of the tramway, nor to make any accommodation ATOi’ks Avith respect to Avhich the oaa ners and occupiers of the land shall
Differences as to	have agreed to receiA'e and shall have been paid compensation. And
necessity of gates,
&c., how to be	in case of any difference hetiveen the owners or occupiers of such roads
settled.	and lands and the said Company, as to the necessity for such fences and gates, bridges, arches, culverts, and passages, tunnels, drains, or other passages, such fences and gates shall he put up, and such bridges, arches, culverts and passages, tunnels, drains, or other passages, made hy the said Company as any two Justices of the Peace shall deem necessary for the purposes aforesaid on application being made to tlunn.

Entry in case of 4. In case of accidents or slips happening or being ajiprehended

accideiils. to the cuttings, embankments, or other Avorks of the said traniAvay, it shall he laAvfnl for the Company, and their Avorkmcii and servants, to enter upon the land adjoining thereto at any time whatsoever, for the purpose of repairing or proA'cnfing such aceidenfs, and to do sneh Avorks as may be necessary for the ]iurposc. Provided also that such

AVorks

1890.   VIC.

TFilloughby and Gordon Tramway Act Amending,

works shall be as little injurious to the said adjoining lands as the nature of the accident or apprehended accident will admit of, and shall ho executed with all possible despatch, and full compensation shall be made to the owners and occupiers of such lands for the loss, injury, or inconvenience sustained by them respectively hy reason of such Avorks, the amount of Avhich comj)cnsation in case of any dispute aboiit the same shall be settled by arbitrators in manner hereinafter mentioned. And ju’ovided also that no land shall bo taken permanently for any such Avorks otherwise tlian is herein provided Avith respect to the lands originally taken for the purpose of making the said tramAÂ ay.

5.                The said Company shall not be entitled to any mines of eoal, Company noi, cmi-

iron, slate, or oilier minerals under any lands Avhereof the surface i	s	“”"ci-ais.
A'cstcd in them by virtue of this Act, except only such parts thereof as shall be necessary to be dug or carried aAvayin the construction of the AVorks hereby authorized, and such mines shall not be deemed to vest in the said Company.

G. If Avithin tAvcnty-ia'ght days of the passing of this Act the Compensation

said persons througli Avhoso land tlic traniAvay shall pass, or any of them,

and the said Company shall not agree as to tbe amount of eompensation

’

to be paid by them for the said lands belonging to the said parties, or any of them, or for any damage that may he sustained by them or him, by reason of the execution of the Avorks, or if any other question as to compensation shall arise under this Act, the amount of sueh compensa­ tion shall be settled by arbitrators in manner hereinafter mentioned (that is to say); unless both parties concur in the appointment of a single arbitrator, each party on request of the other shall nominate and appoint an arbitrator to Avhom sueh dispute or other matter shall be referred; and any appointment of an arbitrator shall be under the common seal of the said Company, and under the hand of such person or 2>crsons respectively ; and such appointment shall be deliA cred to the arbitrator or arbitrators, and sliall be deemed a submission to arbitration on the part of the party by whom the same shall bo made; and aft(‘r any such appointment shall liaA'e been made, neither party shall have poAver to rcA'oke the same Avithout the consent of the other, nor shall the death of either party operate as a revoeation ; and if for the space of fourteen days after such disjuitc or other matter shall liaA'c arisen, and after a request in Ai riting shall liaA’c been sciwcd by the one party on the other party to appoint an arbitrator, such last- mentioned party shall fail to appoint such arbitrator, then upon such failure it shall be laAiTul for the Attorney-General for the time being of the said Colony, on the application of the party Avho has himself a])])oint('d an arbitrator, to appoint such arbitrator to act on bebalf of both parties, and such arbitrator may proceed to hear and determine the matters AAdiich shall be in dispute, and in sueh case the aavard or determination of such single arbitrator shall be final and conclusive.

7. I f before the matter so referred shall be determined any i-rocoodings in case

arbitrator appointed by (fithcr jiarty shall die, or beeome incapable, or ri'fnse, or for fourteen days neglect to act as arbitrator, the iiarty by Avhom such arbitrator aaws appointed may nominate and appoint in writing some other person to act in his place, and if for the space 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 powers and authorities as Averc vested in the former arbitrator at the time of such his death, refusal, neglect, or disability as aforesaid.

8. AVlien' more ihan one arbitrntor shall haAm been ap)>oint('d, Ayipointmcnt of

sueh ai bilr.ilors shall, lierore j|i<‘_\ enter u])on the matters referred to

them, nominate and appoint in Avriting under their hands an umpire,

to

54« VIC. 1890.

Willoughby and Gordon Tramway Act Amending.

to decide any matters on Avldch tlioy shall differ, or which shall ho 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 heing callcMl upon so to do hy the arbitrators or cither of them, they shall forthwith after sueh death, refusal, or neglect, appoint another umpire in his place, and the decision of every such umpire upon the matters so referred to him shall he final.

Neglect lo appoint	9. If in either of the cases aforesaid the arbitrators shall refuse or for seven days after request of either party to such arbitrators neglect to appoint an nmj)irc, it shall he lawful for the Attorney- General for the time-heing on the application of cither party to such arbitration to appoint an umpire, and the decision of such umpire on the matters on which the arbitrators differ or which shall be referred to him under this Act shall lie final.
In ease of disability
of single arbitrator.	10. If, when a single arbitrator shall have been appointed, sueh arbitrator shall die or become incapable, or shall refuse, or for fourteen days neglect to act before he shall have made his award, the matters referred to him shall be determined by arbitration under the provisions of this Act, in the same manner as if such arbitrator had not been appointed.

umpire.

Arbitrators failing to	11.	If, when more than one arbitrator shall have been appointed,
make I lieir award,

matters referred lo	and when neither of them shall die, heeomc incapable, refuse, or neglect
umpire.	to act as aforesaid, such arbitrators shall fail to make their award within fourteen days after the day on wliieh the last of such arbitrators shall have been appointed, or within siudi extcndc^d term (if any) as shall have been appointed for that purpose hy both of such arbitrators, under their hands, the matters referred to them shall he tlctcrmin(!d hy the umpire to he appointed as aforesaid.
Arbitrators n ay

order production of 12. The said arbitrator or arbitrators, or his or their umpire;,

documents, &c.	may call for the production of any documents in the possession or power of either party, which they or he may think necessary for deter­ mining the questions in dispute, and may cxcaminc the parties or their witnesses on oath, and administer the oaths nece.ssary for that purpose.
Declaration by
arl)itrators or	13. Before any arbitrator or umpire shall enter upon the con­ sideration of any nieTitn- referred to him he shall, in the presence of a Justice of the Peace, make and subscribe the following deelaration, that is to say—
uin[)ire.

I, A.B., do solemnly and sincerely declare that I Avill faithfully and honcstlv and to the l)cst of mv skill and ability hear and * V • f

dettn'iiiine the matters refem'd to mo under the ])rovisions of

tlie “ Willoughby and Gordon Tramway Amending Act.”

Made and suhseribed in the ])rcscncc of

C.l).

And such declaration shall he annexed to the award when made, and if any arbitrator or umpire having made such declaration shall wilfully act contrary thereto he shall be guilty of a misdeim'anour.

Costs of arbitration,

liovv to be borne. 1!'. All the costs of any sueh arbitration and incident thcreio

shall he in the disenViou of the arbitrators. Provided that, if either

Costs may be taxed.

party shall he dissatislled Avitli the costs allowed hy the said arbitrators as aforesaid, the costs may be taxed hy the Prothonotary or other proper offieer of the Snprenn' ('ourt, and the amount allowed hy sueh oJlicor shall lie tlie amount of costs to ho paid.

Arbitrators or

umpire lo deliver 1.0. The arbitrator, arbitrators, or umpire shall deliver their or

award to Company. his award in writing to the said Company, who shall retain tlic same, and shall forthwith, on demand, at their own exp('nse, furnish a copy thereof to tlie other jiarty, and shall at all times, on demand, produce the said award, and allow the same to ho inspected or examined hy

such

1890.   54° VIC.

^Villo l̂()hby and Gordon Tramway Act Amending.

sucli party or any person appointed by liiin for that purpose, and tbc (!ompcna»Uon lo be amount aAvarded shall bo paid within sixty days after the publication ^ *J tJ X clays afte r publication

OX the award. of award.

16. The submission to any such arbitration may be made a rule Submission maybe of the Supreme Court on the application of either of the parties. suit™rcourt.

17. No award made Avith respect to any question referred to Award not to be set arbitration under the proAusions of this Act, shall be set aside f o r ' ■ ' ' ■ “S”''*"'?- irregularity or error in matter of form.

18.   The said Company shall make compensation and satisfaction, Oompcnsaiion in

to be ascertained and recoA'cred in case of difference in the manner

negligence,

hereby provided, for temjAorary, permanent, or recurring injury, and all other damage, loss, costs, charges, and inconvenience Avhich may in anywise be occasioned to the OAvners and occupiers of the lands or the Municipal Councils controlling the streets through Avhich the said ti’aiuAvay shall pass by the non-pciTormancc or negligent performance by the said Company of any of the matters or things hereby required or authorized to be performed by them.

19. In every case Avhere the said Company shall take temporary Compensation in

possession of lands by virtue of the poAvers hereby granted it shall be possession” ^ '”^*'̂ ̂

incumbent on them Avithin three months after entry upon such land,

upon being required so to do, to pay to the occupier of said lands the

A'alue of any crop or dressing that may be thereon and damaged or

in jured by such entry, as Avell as full compensation for any other damage of a temporary nature Avhich he may sustain by reason of such entry, and shall also, from time to time during their occupation of tin; said lands, pay half-yearly to sncli occupier or to the OAvner of the lands, as the case may require, a rent to be fixed by tAVO Justices in case the parties differ ; and shall also, Avithi]i IaâoIvc months after such entry, pay to such OAvners and occupiers, or deposit in the bank for the bcnellt of all parties interested, as the case may require, compensation for all permanent or other loss, damage, or iiijury that may have been snstained by them by reason of the exercise as regards the said lands of the poA\ ers hereby granted, including tbc full value of all clay, stone, gravel, sand, and other things taken from such lands.

20. If the OAvner of any lands ri'quired to be takcui for tbe I’roccetiiTigs in

construction of the said tramway is absent from tbe Colony, or cannot

of

upon diligent inqnii’y be found, or is under disability, or if any such lands are vested in persons Avho have respectively only limited or qualihod interests tbcrcin, and Avho cannot enter into binding agree­ ments Avith the said Company for the purchase of such lands, or join in submitting their claims for compensation to arbitration as hercinl)(d‘or(! provid('d, the pAirchaso money or com])ensation payable by the said Company in respect of such lands shall be determined by the valuation of a sAvorn Amluator under the “ Ileal Property Act” to be nominated as hereinafter mentioned.

21. Upon application by the said Company to a Court of Petty .ruuic-B to appoint

H.rssions, and upon such proof as maybe satisfactory to such Court

that there is no person in the Colony, or to be found Avho can enter

'

into a binding contract Avith the said Company, or join Avith tbc said Company in submitting his claims for compensation to arbiiration in res])cct of any lands required to be taken for the construction of the said traniAvay, such Court shall by Avriting under their hands nominate a valuator as aforesaid for dhermining such compensation as afoi’csaid, and such valuator shall determine the same accordingly, and shall annex to his Amluation a declaration in Avriting subscribed by him of the correctness thereof.

22. The said nomination and declaration shall be annexed to rioduction of

the valuation to be made by sneh valuator, and shall be preserved

together '

54̂ VIC. 1890.

Willoughby and Gordon Tramway Act Amending.

together therewith hy the said Company, and they shall at all times produce the said A'aluation and documents on demand to all parti('S interested in the lands comprised in such valuation.

Costs of valuation, 23. All the expenses of and incident to any such valuation

how borne. shall he home hy the said Company.

Compensation not	24. If the amount of compensation determined hy any such
exceeding £50, how

to bo dealt with.

valuator does not exceed the sum of fifty pounds, it shall, except in the cases where the owner is absent from the Colony or cannot he found, he paid hy tlie said Company to the person or persons for the time heing entitled to the rents and profits of lands in respect whereof the same shall he payable for their own use and benefit, or in case of the coverture, infancy, idiotcy, lunacy, or other incapacity ol' any such persons, then such money shall he paid for their use to their respective hnshands, guardians, committees or trustees of such persons.

dealt with in absence

Compensation, how 25. If the amount of compensation determined hy any such

of owner.

valuator as aforesaid exceeds the sum of fifty ^^ounds, or in the cases Avhcrc the owner is absent from the Colony or cannot ho found, whether it exceeds the sum of fifty pounds or not, it shall he paid hy the said Company into the hands of the Master in Equity of the Supreme Court in the matter of this Act, in trust for the partii's interested in the lands in respect of Avhich it is paid in, and a ccrlilicatc from the Master of the fact of the money being so paid in shall he a sufficient discharge to the said Company for the money so jiaid. Provided that all moneys so paid in shall he dealt Avith hy the Siqiremc Court in the same manner in all respects as moneys paid in under an Act passed in the tAventy-first year of Her present Majesty, and entitled “ An Act for better securing Trust Funds, and for the relief

of Trustees.” And shall he subject, in all respects, to the ]n-ovisions of

the said Act, and all rules of the said Court made thereunder.

Power of entry in

20. If in any case in Avhich, according to the provisions of the Principal Act or of this Act, the said Company is authorized to (nter uj)on and take possession of any lands required for the purposes of the said traniAvay, the OAvner or occupier of any such lands, or any other person shall refuse to give up possession thereof, or hinder the said Company from entering upon or taking possession of the same, it shall be laAvful for the said Company to issue itsAAnrrant to the Sheriff to deliver possession of the same to the persons appointed hy the said Company in such AA'arrant to receAe the same; and upon recApt of such Avarrant the Shcrilf shall deliA'er possession of any such lands accordingly, and the costs accruing hy reason of the issuing and execution of such Avarrant to he settled hy the Sheriff shall he paid by the party so refusing to give possession, and the amount of such costs shall he deducted and retained by the said Company from the com­ pensation, if any, then payable to such person refusing to give possession, or if no such compensation shall he payable to such person, or if the same he less than the amount of such costs then such costs, or the excess thereof beyond the amount of such compensation, if not paid on demand shall be levied by distress, and upon ap])lication to any Justice of the Peace for that purpose he shall issue his Avarrant accordingly.

case of refusal.

Service of notice on

27. All notices required to he served by the said Company and their assigns, upon the parties interested in or entitled to sell any such lands, shall either he served personally on such parties or left at their last usual place of abode (if any such can after diligent inquiry he found), and in case any such parties shall lie absent from the Colony, or cannot he found after diligent inquiry, shall he left Avith tlu ̂

owners of lands.

occupier of such lands, or if tlu're h(' no siidi occupier, shall Ik*

alfixed ii])ou souu' ctjuspicaious paid (J such lands, and slali nisc he

advertised in the Government Gazette and a local ncAvspaper.

1890.   54" VIC.

Willo îglihy and Gordon Tramioay Act Amending.

28. This Act may, for all purposes, be cited as the “ Willouqliby and Gordon Tramway Act Amending Act,” and shall he deemed to ho incorporated with, and constructed as part of the said “ Willoughby and Gordon TramAvay Act of 1887,” and Avhich Act is hereinbefore called the “ Principal Act.”

s c h e d u l e a .

All lliat iiroposcd tramway sitiuitcd in tlio Municipalities of Saint Leonards and Nortli AVillougliby, county of Cnmberland, and Colony of Now Soutb AValcs, bo tlio lioroiiiaFtor ineiitionod several dimensions a little more or less.

De.scription of ])roposed tramway from tbo terminal point of tbc Saint Leonards cable tramway, Miller-street, Saint Leonards, to tbe termination at a point in tbc Cam- meray Estate, near tbo junction of tbo Taralba Hoad and tboWarrano Bead, in tbo Municipality of North Willougbby.

Manicipalify o f Saint Leonards.

Commencing in Miller-street, in tbo town and Municipality of Saint Leonards, .at its iutorseetion with b'alcon-atreet, and trending in a nortbcrly direction along Miller-street to its intersection witb Amberst-strect ; tbcncc by a curved line in a norlb-westerly direction tbrougb .allotment s nine, ten,elevon, twelve, thirteen, fourteen,.and fifteen, sect ion thirty-two, the property of tbe “ North Sydney Investment and Tramway Company (Limited) ” ; tbenco in a north-westerly direction by a curved line tbrougb allotment si.vteen, section thirty-two, tbc property of T. J. Cook; thence in a north-westerly direction by a curved lino across Palmer and Bose Streets, ne.ar their intersection; thence in a north-westerly dii’c'ction by a curved line through allotment one, section tbirty-tbree, tbe propert y of (leorgc Brown ; thence in a north-westerly direction by a curved lino tbi'ongb allotment two, section thirty-three, tbe property' of II. Hughes ; tbenco in a northerly' direction by a curved line through allotments throe and four, section thirty-three, the jiroperty of Cajitain Bcddall; thence in a north-easterly direction liy a curved line throngh allotment five, section thirty'-three, the pro))crty of "IV. Materhouse ; tlienco in a north-easterly direction hy a curved line across (Ilen- street ; thence in a north-easterly direction by a curved lino across allotment ti\o original section three, tlic jiroperty of S. Cunningh.am ; thence in a north-easterly direction bv a curved line across Bose-strect; thence in a north-easterly direction by a curved line across allotment seven, section thirty-four, the property of .lolin BKchie; thence in a north-easterly direction by a curved line across allotment eight, section thirty-fonr, the property of the “ North Sydney Investment and Tramivay Company (Limited) ” ; thence in a north-easterly' direction by a straight line across Flat- street; thence in a north-easterly dii'cction in a str.aight line across the south-eastern corner of origin.al section four, the projierty of John Thompson; thence in a north­ easterly direction in a straight lino across Miller-street; thence in a north-easterly direction in a straight line across allotment twelve, section thirty-five, the jiroiierly of Andrew Armstrong; thence in a north-easterly direction by' a str.aight line across Pine-street; thence in a north-easterly, northerly, and north-westerly direction by a straight and curved line through origin.al section five, the property of the, “ North Sydney Investment and Tramway Com]).any (Limited) ” ; thence in a north-westerly direction by a straight lino across the hc.ad waters of Long Bay by a high-level bridge, now in course of construction by the “ North Sydney Investment and Tramway Company (Limited),” into the, Munici|)ality of North Willoughby, which is entered .at a ]ioint oji the southern extremity' of the dividing line between two sections originally' granted to S. H. Terry, now the property of the “ North (Sydney Investment and Tramway Company (Limited).”

Municipality o f JVorIh Willouyliby.

Thence from the heforementioned point of entrance in a north-w'esterly direction through two sections originally granted to S. H. Terry, now' the property of the “ North Sydney Investment and Tr.amway Comp.any' (Limited) ” ; thence in a north-westerly direction through two sections originally' gr.anted to Edw'ard Cohen, now held by the trustees of the said Edward (\)hen ; thence in a north-w'esterly direction through two sections originally granted to .lohn Weston, now' the property of the “ North Sydney Investment and Tramway' Company (I.imitcd)” ; thence in a north-w'esterly direction throngh a section originally granted to T. Strickland, now' the property of the “ North Sydney Investment and Tramway Company (Limited)” ; thence in a north-westerly direction across Sailor's B.ay Bead ; thence in a northerly direction through section originally gr.inted to M. I'\ Josephson, now the property of the “ North Shore .and Middle Harbour Land Company (Limited)” ; thence in a northerly direction through section originally granted to E. II. Osbourne, now' the property of John Clarke; thence in a northerlv direction across Mowhr.ay Boad East; thence in a north-westerly direction throngh section originally granted to James W. Bligh, now the property' of the “ North Shore and Middle Harbour l.and Company (Limited)” ; thence in a northerly direction

through

VIC. 1890.

Willoughby and Gordon Tramway Act Amending.

through section originally granted to James Harris French, now the property of the “ North Shore and Middle Harbour Land Company (Limited)’’ ; thence in a north­ easterly direction through section originally granted to E. H. Herring, now the property of the “ North Shore and Middle Harbour Land Company (Limited)” to Victoria Avenue ; thence in a north-westerly direction along Victoria Avenue, and the frontages of the lands abutting on Victoria Avenue, to wit, on the south-western side of said Avenue, sections originally granted to E. 11. Herring, F. Mooney, J. W. Bligh, and (}-. "Woodcock, which sections are now the 2)roperty of the “ North Shore and Middle Harbour Land Company (Limited) ” ; on the north-eastern side a portion of the Cammeray Estate, the property of the “ North Sydney Investment and Tramway Company (Limited),” section originally granted to J. W. Bligh, now the property of Chen Ateak, to the southern­ most corner of section originally granted to S. Mallarky, now the property of the “ North Sydney Investment and Tramway Company (Limited) ” ; thence in a north-westerly direction through the aforesaid section ; thence in a north-westerly direction through section originally granted to George Woodcock, now the property of Mrs. M. Owen; thence in a north-westerly direction across Warcane Eoad ; thence in a north-westerly direction through a portion of the Alleyne Estate, now the projierty of Michael Stephen­ son ; thence in a north-westerly direction across Smith-street; thence in a north-westerly direction through two subdivisions of the Alleyne Estate, now the property of — Watson and James Forsyth, respectively; thence in a north-easterly direction across Warrano Eoad, to the termination in the Cammeray Estate, the property of the “ North Sydney Investment and Tramway Company (Limited).”

SCHEDULE B.

This first branch liue of tramway commences at a point on the main lino of tram­ way, hereinbefore described in Schedule A, near the intersection of the said main Hue of tramway with Sailors’ Bay Eoad, in section originally granted to T. Strickland, now the property of the “ North Sydney Investment and Tramway Comiiany (Limited); ” thence in a north-easterly direction through the said .section to Sailors’ Bay Eoad ; thence in an easterly and north-easterly direction along the said road to tlio termination at the western boundary of section containing eleven acres and three roods, originally granted to James William Bligh, now the property of the “ North Sydney Investment and Tramway Company (Limited).”

SCHEDULE C.

This second branch line of tramway commences at a point on the main line of tramway, hereinbefore de.scribed in Schedule A, near the intersection of the said main line of tramway with the Mowbery Eoad, in section originally granted to E. H. Osborne, now the property of John Clarke; thence proceeding in a northeasterly direction through the said section to the Mowbery Eoad ; thence in a north-ca-sterly direction along the said road to the termination at the western boundary of section originally granted to E. M. Stephen, now tbc jtroperty of the “ North Shore and Middle Harbour Land Company (Limited).”

SCHEDULE D.

This third branch line of tramway commences at the termination of the main line of tramway, hereinbefore described in Schedule A, and proceeds in a Jiorth-casterly, easterly, and south-easterly direction through a portion of the Cammeray Estate, the property of the “ North Sydney Investment and Tramway Company (Limited),” and enters upon and crosses Teralba Eoad, Kendall Eoad, Pokolbin Eoad, Munmorah Eoad, and Corrobare Eoad, within the limits of the said estate, to the north-western corner of section originally granted to H. G. Alleyne, now the property of E. Cousens ; thence in an easterly direction along Corrobare Eoad, and entering on the sections abutting oji the said road : to wit, on the southern side, section originally granted to H. G. Alleyne, jiow the property of E. Cousens ; section originally granted to II. G. Alleyne, now the property of the “ North Shore and Middle Harbour Land Company (Limited)” ; and section originally granted to H. G. Alleyne, now the property of James Francis Cullen ; and on the northern side of the .said Corrobare Eoad that portion of the Cammeray Estate including Mount Eanken, the property of the “ North Sydney Investment and Tramway Company (Limited),” to the termination in reserve number twenty-eight, a Crown reserve for public purposes.