Willoughby and Gordon Tramway Acts Amending Act of 1893 (NSW)

W illoughby and All Act to aiiieiid the Willoiii^hby aiicl

Gordon

Tramway A cts

A mending.	Gordon Tramway Act of 1887,” and “ Willoiig*hby and Gordon Tramway Act
Amending- Act.” [14̂ /̂ February, 1893.]

Preamble.

"^TTHEREAS by the “ Willoughby and Gordon Tramway Act ot V V 1887,” and “ Willoughby and Gordon Tramway Act Amending

Act,” hereafter referred to as the “ said Acts,” the “ North Sydney Investment and Tramway Company (Limited),” hereinafter called the “ said Company,” was authorised upon the conditions and terms contained in the said Acts to construct, subject to the liabilities therein imposed, a tramway for the conveying of passengers and their baggage and other goods and merchandise, on the lines in the said Acts more particularly described; and the said Company was, Tiy virtue of the amending Act, authorised to take and use certain lands mentioned in the Schedule thereto, iipon the terms and conditions in the said last-mentioned Act provided; And whereas it is considered necessary for the proper carrying out of the work in connection with the formation of the said tramway to increase the maximum width of the private lands to he taken for such traniAvay purposes from twenty-two feet as mentioned in said amending Act to one hundred and thirty-Wo fe e t: And it is also considered expedient to authorise the said Company to deviate from the line of tramAvay mentioned in the said Acts, and to construct and maintain a tramway along the route hereafter described and set forth passing througli certain lands, the property of the Company, and also along and crossing certain streets in the toAAm and municipality of North Sydney and in the municipality of Willoughby, and through certain private lands, streets, and roadways Avhich are more; particularly hereafter described, and such resumption, taking, using, deviation, and

construction

1893.   56*̂ VIC.

TVilloughhy and Gordon TramiDay Acts Amending.

eonstvuetion (;annot be madt; -witlioiit Legislative authority ; Be it thcrerore enacted by the Queen’s iSIost Excelbmt Majesty, by and with the advice and consent ol‘ the Legislative Council and Legislative Assembly of New South Wales in Parliament assembled, and by the authority of the same, as follows :—■

1. The second section of the Scjhednles of the amending Act of second

. 1 1 I T j . V J 1 1 - ^ 1 i ^ ^ section and Schedules

IS Jierchy repealed, excepting; as to tlie lines between the terminal of the am ending

points of the Saint Leonards Cable Tram and Amhurst-street, and ôt except as to

1 T o .1 T 1 j_i • 1 ct 1 T 1 J.1 T certain particulars.

in lien oi the said second section and the said belnalules the second section of this Act and the Schedules hereto shall be in substitution thereof: Provided that such rejieal is made without prejudice to any preceding contract or matter commenced or instituted under the authorities of the said Acts or (dthcr of them before the passing of this Act shall be completed and accompanied by the same consequences, rights, and remedies, as if this Act had not passed.

2. It shall he lawful for the said Company, on the terms and con­

tram.’u ay as described in tlu; said Acts, and in lieu tbereof to make and construct such tramway ’u itli such loop lines, branch lines, and sidings as may be required for the safe and convenient Avorking and use of the said tramway, and from time to time to alter and repair the same; for conveying passengers and their luggage, merchandise, goods, coal, timber, and other material to and from the said terminal point of the Nortli Sydney Cable Tramway, or from a point in Amhurst- street, and thence hy the lines descrihed in Schedule A to this Act to the termination at a point in the Cammaray Estate, near the junction of the T’eralba Hoad and the "VVarrane lload, in the municipality of AVilloughby, and along the branch lines described in Schedules B, C, and L to this Act, and to such portions of the Company’s Estate as may hereaftei’ be deternrined, and to use so much of tlie streets or roadways, and to take and use; so much of the lands of private persons, which are mentioned in the said Schedules, as the said Company may require, hut so that the same shall not occupy in any part of the said street or roadway a grcat(!r space in width than twenty-tAvo feet of tlie surface thereof at formation level, or in the said private lands a greater space in Avidth than one hundred and thirty-tAvo feet, including the support aud fouudatious thereof: Provided further that the same shall be constructed and brought into use AA’ithin the times mentioned in the said amending Act.

ditions and subject to the provisions and other enactments in the said constructT nunw ay .

3. ProAuded that nothing in the said Acts or herein contained

shall be deemed to have A'csted or shall A'est any CroAAm lands or any foj;

part of tlie public estate, or the projierty of any Municipality, or any

public road or highway in the said Company for any greater estate or

interest than a right of user thereof for traiuAvay purposes.

"A

4. The said Acts shall read aud be construed as if the iriiximum width of

* * i i i * j i 1 j * i j i j i Imul to 1)0 tiiKon.

maximum Avidth of private lands mentioned therein to be taken lor tramway purposes had been one hundred and thirty-tAA'̂ o feet instead of tAventy-tAvo feet. And all the sections and provisions of the said Acts shall apply to the land taken and used under and by authority of this Act in the same manner and Avay as if the amending Act had authorised the taking of the space in AAddth of one hundred and thirty- tAA'O feet.

5. In the construction of the said tramAvay it shall be laAALul to I’owor to maio

make such deviations and modifications of routes as may be consideri'd “ ' ‘ ‘

desirable liy the said Company, such deviations and modifications not to

extend to a greater distance than five chains on either side of the lines

describi'd in the Schedules hereto. And upon such deviations or

modilieatioiis

56 VIC. 1893.

TVilloughhy and Gordon Tramway A cts Amending.

modifications being made this Act sball be construed as if the same were included in and i'ormed part of the Sebedub's hereunder A\ ritten :

Map or plan and

book of rolVrenco to	Provided always that before any deviation or modification of route of
be made in certain	the said tramway or any part tbereof may be made, the said Company
'	sball cause to be made and taken levels and surveys of the country and land through Avhicb such deviations and modifications of su(!b tram­ way is to be carried, together with a map or plan of tlio deviations or modifications, and of the lands which it is to affect, and also a hook of reference in which shall he set forth a description of the said several lands affected hy such deviations or modifications, and the names of the owners and proprietors thereof, so far as the same shall he known, or can with reasonable diligence he ascertained, with a description of the said land setting forth the bearings of such tramway as the case may require, and the nature and quality and state of cultivation, the enclosures, if any, and the quantity of such land which may he required for the purpose of making such deviations or modifi-

Notu'p mid objection, catious of the Said tramwav. Notice of such map or plan and hook of

reference shall he given hy the Company by advertisement in the Gazette and tlie Sydney daily pajiers, which notice shall set forth generally tlie extent and direction of the intended deviations or modi­ fications, and shall refer to such map or plan and hook of reference to be seen at the registered office of the said Company at Sydney, and shall call upon all persons interested in the said deviations or modifications to set forth in writing to the said Company within one month from the first publication of such notice any well-grounded objection which may appear to them to exist to the adoption of the said deviations or modifications, or any part thereof, or of any work proposed in connection therewith ; and if any such objection shall he made the same shall he considered hy the Governor, with the advice of the Executive Council, who shall, after due consideration thereof, confirm or alter the said map or plan and hook of reference as to the said Governor, with such advice as aforesaid, shall seem m eet; and thereupon notice shall he given hy the said Company in the Gazette and the Sydney daily papers of such confirmation, with or with­ out alteration, as the case may he. The said map or plan and book of reference as altered or confirmed shall he kept in the registered office of the Company in Sydney, and true copies thereof, signed hy the

Deposit with Clerk

of Petty Sessions. secretary of the said Company, shall he deposited with the Clerk of Petty Sessions of the district in which such deviations or modifica­ tions of tlie said tramway shall he intended to he made, and whicli map or plan and Ijook of reference, and such copies thereof respectively, shall he exhibited at all convenient times for public examination from the day of the date on which notice of intention to make such deviations or modifications shall he first published; and all persons shall have free liberty and permission at all proper and convenient times to view and examine the said map or plan and hook of reference or copies as aforesaid.

Amendment of	6.	I f at any time hereafter the right of purchase conferred hy
section 13 of

Principal Act. section thirteen of the Principal Act on the Governor, Avith the advice of the Executh'e Council, shall be exercised, the said company or its assigns shall not he entitled to any compensation in respect of any Crown land or public property Avhich may be traversed or touched hy the said tramAvay, or in respect of any road, street, or higlnvay along or over Avhich the said tramway may he laid, but shall he entitled to claim such compensation for the rails and other works and effects upon or attached to such Crown lands, public jiroperty, road, street, or higliAvay—and the costs of and in connection with the making, con­ struction, and laying of such rails, works, and effects upon any such Crown lands, public propertv, road, street, or highway.

̂ ' 7 .

1893. 56̂ VIC. 17

IVillouglihi/ and Gordon Tramioag A cts Amending.

7. The said Company shall at all times hereafter maintain

perfect order and repair to the satisfaction of any Mimicipal Council	’
through the area of which such line passes, such portions of tlie said tramway as may traverse any public highway or portion of the public estate for the s ĵace between the rails of such tramway, and fora spac(; of one foot six inches on each side of such tramw'ay, and in case of any dispute as to such repairs or non-repairs the question in dispute

........................... .... ' the Engineer-in-Chief for llaihvay Construction,

ullŵ c ucuisujii aiiaxj uc final and binding upon cither party.

8. Whenever the expression “ Commissioner for Eailwuiys’’

occurs in the said Acts it shall read and be construed as the	̂
“ Commissioners for llailways for New South W ales” as appointed by the Act fifty-first A'ictoria number thirty-five or any Act or Acts amending the same.
9. This Act may for all purposes be cited as the “ AVilloughby aud Gordon Trarmvay Acts Anuniding Act of 1893,” and shall he deemed to be incorporated with and construed as part of the “ Wil­ loughby and Gordon Traniwny Act of 1887,” and the “ ATilloughby and Gordon Tramway Act Amending Act.”

8CHEI1ULES.

s c .i U':d u i ;e a .

All th a t proposed to ’.mwjiy isiluatetl ia the M m uripalities of N orih SydiH'v and

AVilloiishby, county oE Cnmb('rhiiid and Colony of New Soutli Whiles, bo tlu; lioi'oiiial'tcr imuitioned several dimensions a little more or less.

I)escri]3tion of tlm jmopc'sed tram way from its junction witli the G overnm ent Cable Trarnwajy M iller-street, N orth Sydney, to the term ination :it a point in thc ̂ Cainmer.ay E sta te , near the junct ion of the Toralba Eoad and the Whirrano Eoad, in the M unicipality of W'’illoughby.

MunicijiiiUty oj'Norik- Sijiliieii.

Commencing in M iller-street, in the town and M unicipality of N orth Sydney, at its intersection w ith Ealcon-street. and trending in a northerly d ircition along M iller- stree t to it.s intersection with A m herst-street ; thence by a curved, a straight, and a curved line in a north-w esterly direction through allotm ents eight, nine, ten, eleven, th irteen , fourteen, and fifteen, section thirty'-two, the propertyr of the “ N orth Sydnov Investm ent and Tramway Company (L im ited),” allotm ent seven, section thirty-tw o, the propertv of Barron, Mo.vhain, and Co., allotm ents sixteen and seventeen, lield hy the executors of the late T. .1. Cook ; thence by a curved line in a north-w esterly dirodioii across P alm er-street a t its in tersection w ith E o se -s tre e t; thence in a northerly direction along E osc-street to its in tersection with G len-street, and extending on the western side of tlie said Rose-street into allotm ents two, three, and four, section th irty -th ree , the p roperty of Captain T. A. Ecddall, and allotm ent five, section thirtv-threo , the property of William AVaterhouse, and e.xtending on tho eastern side of the said Eoso-stroct into allotm ents one, two, and three, section thirty-fonr, tho property of George Crispo, subdivided portions of allotm ent four, tho ])roperties of P rank H cadford and C. Dutch, portion of allotm ent live, tho property of the “ N orth Sydney Land, Building, and Investm ent Company (Ijim ited),” allotm ent six, the property of D. M. Menzies, all being ]iortions of the said section th irty -four ; thence in a north-easterly direction by a curved line through allo t­ m ent seven, section th irty-four, the property^ of M essrs. Kearyr Brothers, allotm ent eight, section th irty-four, the property of the “ N orth Sydney Investm ent and Tramway' Company (Lim ited),” and extending in a westerly direction into G len-street into allotm ent five, original section three, the property of S. Cuimingliam ; thence in a north-westerly direction in a straigh t line across .P lat-street; tlicneo in a north-easterly direction in a stra igh t line across original section four, tho prn]ierty of John Thompson ; thence in a north-easterly direction in a straight line across M ille r-s tree t; thence in aiio rth -easterlv direction in a straight line across allotm ent twelve section thirty-five, the property of A. A rm strong ; thence in a north-easterly direction in a straight line across P ine-street, and extending in a south-easterly direction into allotm ent eleven, section thirtv-five, the ])ro])ortv of .John E itchie, and allotm ent ten, section thirty-fivo, the property of W illiam M eek ; thonec in a north-easterly , northerly , and north-w esterly direction throngh original section five, the ])roperty of tho “ AArth Sydney Investm ent and Tiaunway Company (L im ited),” and extending in an easterly dii'ection into section originally^ gran ted to Alexander M ‘A rtlm r, now tho pro])erty of Caird, Maxwell, and Co. ; thence in a norlh-wpst<>rlv direction in a straiglit lim' Ipy a high-level viaduct now in

h course

56° VIC. 1893.

Willoughby and Gordon Tramvjay A cts Amending.

course of construction by the “ X ortli Sydney Investm ent and Tramway Corn])any, (L im ited j,” into the M unicipality of IVilloughby, which is entered a t a point on the southern extrem ity of the dividing lino between two sections originally granted to S. H. Terry, now the property of the “ N orth Sydney Investm en t and Tramway Company (L im ited ).”

M unicipality o f Willoughhy.

Thence from the before-m entioned point of entrance in a north-w esterly direction th rough two sections originally granted to S. H . Terry, now the property of the “ N orth Sydney L w estm ent and Tramway Company (L im ited) thence in a north-w esterly direction th rough two sections originally granted to Edw ard Cohen, now held by tho trustees of the said Edw ard C ohen ; thence in a north-w esterly direction th rough two sections originally granted to Jo h n W eston, notv the property of the “ N orth Sydney Investm ent and Tramway Company (Lim ited) thence in a north-w esterly dii-eclion th rough a section originally granted to T. Strickland, now the property of the “ N o rth Sydney Investm ent and Tramway Company (Lim ited) thence in a north-westeidy direction th rough section originally granted to Thomas Gllovor, and now held by tho trustees of the said Thomas Glover ; thence in a north-w esterly direction across Sailor’s Ba}r Eoad ; thence in a northerly direction through section originally granted to M. E. Josephson, now the property of the “ N orth Shore and M iddle H arbour Land Company (L im ited),” and extending in a westerly direction into section originally g ran ted to J . I I . E rench, and now held by him ; thence in a northerly direction through section originally granted to E. H . Osborne, now the p roperty of Jo h n Clarke, and extending in a westerly direction into section originally granted to J . H . Erench, and now held by him ; thence in a northerly direction across M owbray Eoad E a s t ; thence in a north-w esterly dircctio]i th rough section originally granted to .James AV". E ligh, now tho property of the “ N orth Shore and M iddle H arbour Land Company (L im ited )” ; thence in a north-w esterly direc­ tion through a section originally granted to J . H . Erench, now the property of the “ N orth Shore and M iddle H arbou r Land Company (L im ited)” ; thence in a noi'therly and no rth ­ easterly direction througli two sections originally granted to E. H. H erring , now the property of the “ N orth Shore and M iddle H arbour Land Company (L im ited),” toL y le - s t r e e t ; thence in a north-w 'esterly direction along the said L y le-street to its intersection w ith Ahetoria-avenue, and extending w esterly on the south-w estern side of the said Lyle- stree t into sections originally gran ted to E. H . H erring , E . Mooney, J. AV. Bligh, and G. AA’̂ oodcock, which sections are now tho property of the “ N orth Shore and M iddle H arbour Land Company (L im ited),” aud into M ‘Clelland-street, and extending on the north-eastern side of the said Lyle-street into a portion of the Cammeray E state, the property of the “ N orth Sydney Investm ent and Tramway Company (L im ited),” section originally granted to J . AV. Bligh, now the property of Chen A teak, to tho southernm ost corner of section originally granted to S. M allarkey, now tho property of tho “ N orth Shore Investm ent and Tramway Company (L im ited),” and extending on the said north­ eastern side of tho said L yle-street into Tumblum bi E oad aud Cawarrah Eoad ; thence in a northerly and north-w esterly direction th rough section originally granted to S. M allarkey, now the property of the “ N orth Sydno}' Investm ent and Tramway Company (L im ited)” ; thence in a north-w esterly direction through section originally granted to George A¥oodcock, now the property of Airs. AI. Owen ; thence in a north-w esterly direc­ tion across AVarrane Eoad ; thence in a north-w esterly direction th rough section originally granted to P . Stack, now the property of the “ N orth Sydney Investm ent and Tramway Company (Lim ited) ” ; thence in a north-w esterly direction th rough allotm ents one hundred and nineteen, now or form erly th e property of J. Baker, one hundred and tw enty and one hundred and twenty-one, noiv or form erly the property of Charles Lyons, being portions of subdivision of original section sixteen, granted to H. G. Alleyne ; thence in a northerly direction across S m ith -stree t; thence in a north-westerly, northerly, and north-easterly direction th rough allotm ents one hundred and twenty-two, now or form erly the property of W. Cunningham , one hundred and tw enty-three and one hundred and tw enty-four, now or form erly the property of G. C. AV^atson, being portion of subdivision of original section sixteen granted to H. G. A lleyne ; thence in a north-easterly direction across stream form ing the south-w estern boundary of original section th irty , granted to H . G. Alleyne, now the property of the “ N orth Sydney Investm ent and Tramway Companv (Lim ited) ” ; thence in a north-easterly direction across AParrane Eoad to the term ination in the Cammeray Estate, the property of tho “ N o rth Sydney Investm ent and Tramway Company (L im ited).”

S C H E D U L E B.

This first branch lino of tram way commences a t a point on the main lino of tram ­ way, lierenibefore described in Schedule A, near the intersection of the said m ain line of tram w ay w ith Sailor’s Bay Eoad, in section originally granted to T. Strickland, now ̂ the property of the “ N orth Sydney Investm ent and Traimvay Company (L im ited)” ; thence in a north-easterly direction through the said section to Sailor's Bay E o a d ; thence in an easterly and north-easterly direction along the said road to the term ination a t tho w estern boundary of section containing eleven acres and th ree roods, originally granted to Jam es AEilliam Bligh, now the p roperty of the “ N orth Sydney Investm ent and Tramway Company (L im ited),” and extending southerly into Eeserve fo r N autical T raining School.

' ’ S C H E D U L E

1893.   56 VIC.

Gonlburn M'alet' Supply Charyes.

S C H E D U L E C.

This second branch line ol' Iraimvav cinunu'nces at a ])oint on tlic main lino of Trainrvay, hereinbefore descrihed in Schedule A, near the intersection of the said main line of tram wav rvitli tlie IMowberv Eoad, in section originallvgranted to E. II. Osborne, now the iirojierty of .John C larke: theiico jiroceeding in a north-easterly direction Hirough the said section to tlu> lUowlierv E o a d ; thence in a north-easterly direct ion :ilong the sttid ro;id to tho term ination a t the w estern boundary of section origiti:illy gninteil to E. IM. Sto|)hen, now the property of the “ Jvorth Shore and IMiddle H arbour Land Com[):iiiy (L im ited).”

S C H E D U L E I).

Tho th ird branch line of tram wav commences a t the term ination of the main line of tr:nnw;iy. hcreinbefi're described in Schedule A, and proceed.s in a north-easterly, easterly. ;ind soiith-t'asterly direction through a portion of tho Cammer;iy Est:i1e, thi> property of the “ N orth Sydney Investm ent and Tr:iniway (^ompanv (L im ited ),” ;ind outers upon and crosses T('ralb:i Eo:\d, Kendall Eoad, I’okolbin Road, M nnniorah Eoad. :ind Corrobare Eo;id, within the lim its of tho said estate, to the north-w esiern corner of section originally granted to 11. G. Alleyne, now the property of E . Cousens ; thence m an easterly direction along ('orrobare Eoad and ento'ring ipion tho sections alm tting on the said road, to wit, on the southern side, section originally granted to II. (\. A lleym ', now the jiroperty of E . Cousens, section originally granted to II. G. Alleyne, now the pronerty of tho “ N orth Shore and M iddle H arbour Land Com])anv (L im ited),” and section originally granted to H. G. Alleyne, now the property of Jam es Erancis Cullen.and E o b ert Newton M orris; and on tho northern side of the said Corrobare Eoad. th a t portion of th e (''amincray E sta te including M ount Eanken, the property of the “ N orth Sydney Tnvestinciit and I'ram way Coiiqiany (L im ited ),” to term ination in reserve num ber t w eiity-eighi, a Crown reserve for public purposes.