New South Wales: Cataract and Nepean Bridges Act 1851 15 Vic (NSW)

. CATARACT AND Nergay Brivgss. Preamble. 15° VIC. ~ 1851. Cataract and Nepean Bridges. An Act to enable William Hilton Hovell of Goulburn in the County of Argyle Esquire to erect and maintain a Bridge over the Cata- ract River at a spot known as " Broughton's Pass" and a Bridge over the Nepean River at aspot known as "The Pheasant's Nest" on the line of Road leading from Sydney to Goulburn by way of Campbelltown and Appin to Lupton's Inn and to take Toll thereat for a term of years and for other purposes therein mentioned. [15th December, 1851.] HEREAS by a Proclamation of His Excellency the Governor of New South Wales dated the twenty-sixth day of March in the year of our Lord onc thousand eight hundred and fifty-one that part of the road leading from Sydney to Goulburn by way of Campbell- town and Appin to Lupton's Inn was duly proclaimed and the same is and has been for a long time past used as a common highway and thoroughfare for passage from Sydney to the Southern Districts of the Colony and a large and increasing traffic may be expected thereon And whereas it would generally contribute to the convenience of the 'inhabitants of the Southern Districts as well as to those of MWawarra if bridges were erected across the Cataract and Nepean Rivers both of which intersect the said line of road and cause considerable loss difficulty and impediment to the traffic passing along the same and it would add greatly to the convenience and advantage of the public if bridges were erected across and over each of the said rivers And whereas William Ifilton Hovell of Goulburn in the county of Argyle Esquire is desirous of building and maintaining such bridges over the said rivers with proper avenues and approaches thereto upon the conditions of taking to his own use and benefit certain reason- able tolls at the said bridges upon and after the proper completion thereof with the said avenues and approaches thereto but inas- much as the several purposes aforesaid cannot be effectually accom- plished without the aid and authority of the Legislature Be it therefore enacted by [is Excellency the Governor General of New South Wales with the advice and consent of the Legislative Council Liberty to William thereof That from and after the passing of this Act it shall and may Hilton Hovelltocreet ye lawful for the said William Hilton Iovell Esquire his executors bridges at Brough- ton's Pass and Pheasant's Nest. administrators and assigns and his or their agents servants workmen and assistants and he and they are hereby authorized and empowered to construct and build or cause to be constructed and to complete good safe and substantial bridges not less than twenty feet wide cach across and over the said rivers at the places known as " Broughton's Pass" and "The Pheasant's Nest' respectively with proper and convenient roads avenues and approaches to and from the said bridges communicating with the road and also to dig and make proper foundations in the said rviver and cut remove take and carry away all trees roots of trees beds. of gravel sand mud or any other impediment whatsoever which may in anywise hinder the erecting and completing the said bridges and generally to do and exccute all and every othcr acts matters and things requisite and necessary useful or convenient for erecting building preserving 1851. 15° VIC. 215 Cataract and Nepean Bridges. preserving and protecting and repairing the said bridges and the course and channel of the said rivers and making such proper embank- ments roads ways avenues and approaches thereto as aforesaid according to the tenor and true intent and meaning of this Act. 2. And be it enacted That it shall and may be lawful for the and te make and said William Ililton [fovell his executors administrators and assigns thereto. and he and they are hereby authorized and empowered to make form and sct out or cause to be made formed and sect out proper commodious and convenient roads avenucs or approaches to the said intended bridges in the line of the said proclaimed road from Appin to Lupton's Inn and also obtaining the requisite consent and authority in tha behalf through any public or Crown lands or any private lands in the Compensation in . : : + . se of private lands. said line Provided nevertheless that in case any land belonging to private individuals shall be required for the purpose of forming and opening such approaches it shall be lawful for the said William IJilton Lovell his exccutors administrators and assigns to tender to such proprictor such sum of moncy as he the said William Tilton Iovel shall consider the same to be reasonably worth but in case such proprictor shall deem the said price or compensation insufficient i shall be lawful for him within the space of three calendar months from the time of such tender to apply to His Exccllency the Governor to appoint and he shall thereupon appoint accordingly Commissioners to inquire into and assess the same in like manner as is enacted an¢ directed in the case of a road through private property proclaimed by the Governor under and by virtue of an Act of the Governor and Legislative Council passed in the fourth year of the reign of His late Majesty King William the Fourth intituled "dn