New South Wales: North Shore, Manly, and Pittwater Tramway and Railway Act of 1888 52 Vic (NSW)

1889. > VIC. North Shore, Manly, and Pittwater Tramway and | Railoay. An Act to authorize the construction of a Tramway from the northern terminus of the North Shore Cable Tramway to the Spit at Middle Harbour, and from the Spit aforesaid to Manly Village, and a Light Railway thence to Pittwater, Broken Bay. [10th January, 1889. ] Wee Clement Alban Benbow and Leslic Johnston, both of Sydney, in the Colony of New South Wales, Esquires, are desirous of constr ucting a tramway from the northern terminus of the present cable tramway - running from Milson's Point, Saint Leonards, in the parish of Willoughby, fo the Spit at Middle Harbour, in the parish aforesaid, and from the Spit aforesaid to Manly Village, and thence a light railway to Pittwater, Broken Bay; such tramway and light railway lines to run thr ough certain priv. 'ate lands and certain streets described in the Schedules annexed hercto. And whereas it is desired to construct such tramway and light railway for the purpose of giving better access for the public to the districts through which the said proposed tramway and light railway run and the places before named, and also to the Haw kesbury River. And whereas the inereased facilities of communication and traffic which would result from the construction of the said proposed tramway and light railway would be for the public convenience and benefit. And it is desirable to authorize by Legislative enactments the construction and maintenance of the said proposed tramway and light railway, subject to the provisions herein- after contained. Be it therefore enacted by the Queen's Most Exccl- lent Majesty, by and with the advice and consent of the Legislative Council and Legislative Assembly of New South Wales in Parliament assom)led, anc Dy the authority of the same, as follows :— 1. It shall be lawful for the said Clement Alban Benbow and Leslic Johnston, their heirs, executors, administrators, or assigns, upon the terms and conditions and subject to the provisions hereinafter contained, to make and construct a tramway and light railway for conveying passengers and their luggage and other goods and mer- chandize from a point at or near the northern terminus of the afore- said North Shore Cable Tramway, and thence by the lines described in the Schedules A and B to this Act, and to effect through com- munication between the said North Shore Cable Tramway and Manly Village and Pittwater aforesaid, and to take and use so much of the streets or lands referred to in the said Schedules as may be required for the purposes of such tramway and light railway, but so that the same shall not occupy in any part thereof a greater space in breadth than twenty feet, including the support and foundations thereof. Provided that the said tramway and light railway shall be completely constructed between the points above indicated respectively and brought into use within three years from the passing of this Act. And the same shall be constructed in a proper and workmanlike manner. Provided that the construction of the said tramway and light railway shall be commenced within six months from the passing of this Act, and that within twelve months from the passing of this Act four miles at least of the permanent way of the said tramway and light railway shall be completed, and that within cighteen months from the passing of this Act the whole of the permanent way of the said Nortn Sore, , Manzy, anp Pirv- waTER TRAMWAY AND Rartway, Preamble. Authority to construct railway, &ce Punt. Entry upon streets. Reinstatement of streets, kc. Penalty for delay, &e., in reinstating strects, &c. 52° VIC. 1889. North Shore, Manly, and Pittwater Tramway and Railway. said tramway and light railway, between Saint Leonards and Manly, shall be completed, and in the event of the works provided by this Act or any of them not being commenced and carried out to the satisfaction of the Enginecr-in-Chief for Railways, or other officer charged by thc Government with the construction of railways, within the times in this Act prescribed, all the works and property of the said Clemen Alban Benbow and Leslie Johnston, their heirs, executors, administra- tors, or assigns, in connection with the said tramway or light railway shall go and belong to the Government, to be disposed of as the Governor, with the advice of the Executive Council, may direct; anc as regards lands resumed or obtained in connection with the said tram- way or light railway works, the same shall revert to the former owners thereof as of their former estate. Provided further that the authorities, powers, and privileges given by this Act shall not extend beyond thirty years from the passing thereof. 2. It shall be lawful for the said Clement Alban Benbow and Leslie Johnston, their executors, administrators, and assigns, to use and employ a steam punt to supply the connection between the points of such tramway on the shores of Middle Harbour, and to charge tolls, to be approved by the Governor, with the advice of the Executive Council. And in the event of a bridge being constructed across Middle Harbour the said Clement Alban Benbow and Leslic Johnston, their heirs, executors, administrators, and assigns, shall l:ave no claim for compensation by reason of their being deprived of the use and enjoy- ment of the said steam punt and "their right to charge tolls in connection therewith. 8. The said Clement Alban Benbow and Leslie Johnston, their heirs, executors, administrators, or assigns, shall have all necessary rights of ingress and egress to and over the surface of the streets and lands before referred to, and all such other rights as are required for the construction, repair, completion, and use of the said tramway and light railway. Provided that nothing herein contained shalt impair or be held to impair the lawful authority of any of the Municipal Districts through which such tramway and light railway may run, or of any other corporation, company, or person to make all entries and exercise all other powers necessary for the construction, maintenance, and preservation of gasworks, water works, sewerage works, and other works law fully constructed under ground. The' said Clement Alban Benbow and Leslie Johnston, their heirs, cxecuters s, administrators, and assigns, shall not be at liberty to enter upon, break up or erect works upon any streets within any Municipality without ten days' previous notice in writing to such Municipality ; and when the said Clement Alban Benbow and Leslic Johnston, their heirs, exccutors, administrators, and assigns, shall open or break up the road or pavement of any strect, or any sewer, drain or tunnel, they shall with all convenient speed complete the work for which the same shall be broken up, and fill in the ground and reinstate and make good the said road or pavement, sewer, drain, or tunnel so opened or broken up, and carry away the rubbish occasioned thereby. And the said Clement Alban Benbow and Leslie Johnston, their heirs, executors, administrators, and assigns, whilst any such road, pavement, sewer, drain or tunnel shall be so open or broken up, shall cause the same to be feneed and guarded, and shall cause lights, sufficient for the warning of passengers, to be set up and inaintained against or near such road, pavement, sewer, drain or tunnel where the same shall be so opened or broken up for every night during which the same shall continue open or broken up. Tf the said Clement Alban Benbow and Leslie Johuston, their heirs, executors, aduiinistrators, and assigns open or break up any road, pavement, sewer, drain or tunnel without giving : such 1889. _ 52' VIC. North Shore, Manly Ys and Pitiwater Pramoay ry and Railway Y such notice as aforesaid, or if they make any delay in completing any such work or in filling in the ground or reinstating and making good the road or pavement, sewer, drain, or tunnel so opened or broken up, or in carrying away the rubbish occasioned by the work, or if the said Clement Alban Benbow and Leslie Johnston, their heirs, exceutors, adminis- trators, and assigns neglect to cause the place where such road or pave- ment, sewer, drain or tunnel has been broken up, to be feneed, guarded and lighted, the said Clement Alban Benbow and Leslic Johnston, their heirs, executors, administrators, and assigns shall ineur a penalty not execeding fifty pounds for every such offence, and the said Clement Alban Benbow and Leslic Johnston, their heirs, executors, adminis- trators, and assigns shall incur an additional penalty of five pounds for sach day during which any such delay as aforesaid shall continuc. 5. The gauge of the said tramway and light railway shall he four feet cight and a half inches. 6. The said tramway and light railway shall, throughout its course, be laid at or about the gencral level of the 'said streots and lands, and throughout the whole extent of the said tramw ay and light railway shall be laid with rails, subject to the approval of the Commissioner for Railways or the Railway Commissioners. 7. Where the said light railway from Manly Village to Viti- water, Broken Bay, shall cross any public highway or parish road on a level, the said Clement Alban Benbow and Leslic Johnston, their heirs, executors, administrators, or assigns shall erect, and at all times maintain, good and sufficient gates across such road on cach side of the said light railway, where the same shall communicate therewith, and shall 'employ proper persons to open and shut such gates, and such gatcs shall be kept constantly closed across such roads on both sides of the light railway, except during the time when horses, cattle, carts, or carriages passing along the same shall have to cross such light railway, and such gates shall be of such dimensions and so constructed as, when closed, to fence in the said light railway and prevent cattle or horses passing along the road from entering upon the light railway, and the persons entrusted with the care of such gates shall cause the same to be closed as soon as such. horses, eattle, carts, or carriages shall have passed through the same, under a penalty of forty shillings for every default therein. Provided always that it shall be lawful for the R ailway Comuissioners, in any case in which he shall be satisfied that it will be more conducive to the public safety that the gates on any level crossing over any such road shall be kept "closed across the said light railw ay, to order that such gates shall be kept so closed instead of across the road. And in such ease such gates shall be kept constantly closed across the said light railway, except when engines or carriages passing along the said light railway shall have occasion to cross such road in the same manner, and under the like penalty as above directed with respect to the gates being kept closed across the road. Gange. Level. Crossings. ol 8. The said Clement Alban Benbow and Leslic Johnston, their works for benefit of heirs, executors, administrators, and assigns shall make, and at all owner. times therealter maintain for the accommodation of the owners and occupiers of lands adjoining the said light railway, that is to say— Such and so many convenient gates, bridges, arches, culverts, and Gates, bridges, &e. passages over, under, or by the sides of, or leading to or from the said light railway as shall be necessary for the purpose of making good any interruptions caused by the said ght railway to the use of the lands through which the said light railway shall be made, and such works shall be made forth- with after the part of the said light railway passing over such lands shall have been laid out or formed, or during the formation thereof. Also Fences. Drains. Penaity on person omitting to fasten gates. Maintenance of roads, Repair of damage to sewers, &e. Running powers to the Railway Commissioners. Locomotives to be employed. 52' VIC. 1889. North Shore, Manly, and Pittwater Tramway and Railway. Also sufficient posts, rails, hedges, ditches, mounds, or other fences for separating the land taken for the use of the said light railway from the adjoining lands not taken, and protecting such lands from trespass, or the horses or cattle of the owners or occupiers thereof from straying thereout by reason of the said light railway, together with all necessary gates made to open towards such adjoining lands and not towards the said light railway, and all necessary stiles, and such posts, rails, and other feneés shall be made forthwith after the taking of any such lands, if the owners thereof shall so require, and the said other works as soon as conveniently may be. Also all necessary arches, tunnels, culverts, drains or other passages, cither over or under or by the sides of the said light railways, of such dimensions as will be sufficient at all times to convey the water as clearly from the lands lying near or affected by the said light railway as before the making of the said light railway, or as nearly so as may be, and such works shall be made from time to time as the said light yailway works proceed. Provided always that the said Clement Alban Benbow and Leslic Johnston, their heirs, executors, administrators, or assigns shall not be required to make such accommodation works in such a manner as would prevent or obstruct the working or using of the saidelight railway, nor to make any accommodation works with respect to which the owners and occupiers of the lands shall have agreed to reccive, and shall have been paid compensation instead of making them. 9. If any person omit to shut and fasten any gate set up at either side of the said light railway for the accommodation of the owners or occupiers of the adjoining lands so soon as he and the carriages, cattle, or other animals under his care have passed through the same, he shall forfeit for every such offence any sum not exceeding ten pounds. 10. The said Clement Alban Benbow and Leslie Johnston, their heirs, executors, administrators, and assigns shall maintain in perfect order and repair the said tramway and light railway, and the pavements of the same between the rails of the said tramway and light railway, and for the space of one foot six inches on each side of such rails. 11. The said Clement Alban Benbow and Leslie Johnston, their heirs, exccutors, administrators, and assigns shall immediately repair any damage which may, during or by reason of the construction of the said tramway and light railway, be occasioned to any sewer, or drain, or gas, or water main, or other property, and shall also repair all damages which may be occasioned by the working of the said tramway and light railway. 12. The Railway Commissioners shall, at all times hereafter, upon twelve hours notice in writing to the said Clement Alban Benbow and Leslie Johnston, their heirs, executors, administrators, or assigns, have the right to run locomotives, carriages and trucks, whether loaded or otherwise, on and along the said tramway and light railway, and for such period or periods, or at such time or times as the said Railway Commissioners shall in the said notice specify. Provided that the said Railway Commissioners shall pay to the said Clement Alban Benbow and Leslie Johnston, their heirs, executors, administrators, or assigns, such rates or tolls for the exercise of such rights as aforesaid, as the Governor, with the advice of the Executive Council, shall from time to time determine. 13. It shall be lawful for and incumbent upon the said Clement Alban Benbow and Leslie Johnston, their heirs, executors, adminis- trators, and assigns, subject as aforesaid, to provide, use, and employ locomotiye 1889. 52° VIC. North Shore, Manly, and Pittwater Tramway and Railway. locomotive engines or cables or other moving power, and carriages and waggons, to be drawn or propelled thereby, and to carry and convey upon the said tramway and light railway all such passengers and goods as shall be offered for that purpose, and to charge the tolls and charges in respect thereof as hereinafter provided. Provided that all such tolls and charges be at all times charged equally to all persons and after the same rate in respect of all passengers and of all goods of the same description, and no reduction or advance in any such tolls shall be made either directly or indirectly in favour of or against any particular Company or person trayelling upon or using the said tram- way and light railway. 14. The said Clement Alban Benbow and Leslic Johnston, their heirs, executors, administrators, or assigns, shall be responsible for all injuries caused by the negligent or improper construction, maintenance, or working of the said tramway and light railway, and all claims in respect of such negligence and improper conduct may he enforecd against the said Clement Alban Benbow and Leslie Johnston, their heirs, executors, administrators, or assigns. Provided that the damages which may be recovered against the said Clement Alban Benbow and Leslie Johnston, their heirs, executors, administrators, or assigns, in respect of any such claim, shall, in addition to all other remedies for their recovery, be a first charge upon the tolls, fares, or charges charged for the carriage of passengers on the said tramway and light yailway, and upon all property used in and upon and necessary for the working of the said tramway and light railway. 15. It shall be lawful for the said Clement Alban Benbow and Leslic Johnston, their heirs, executors, administrators, or assigns, to charge fares for the carriage of all passengers and goods to and fro and upon the said tramway and light railway by and with the sanction of the Railway Commissioners and at rates to be approved of by thei. 16. It shall be lawful for the said Clement Alban Benbow and Leslic Johnston, their heirs, executors, administrators, or assigns, from time to time, subject to the approval of the Railway Commissioners, and subject to the provisions and restrictions in this -Act contained, to make regulations for the following purposes, that is to say-— For regulating the times of the arrival and departure of the carriages and trains and the number of persons to be carried therein. For regulating the loading or unloading of carriages. For preventing the smoking of tobacco and the commission of any nuisance in or upon such carriages or any of the railway stations, waiting-rooms, or premises. And generally for regulating the travelling upon or using and working the said tramway and light railway, and the main- tenance of good order, and for reewating the conduet of the railway officers and servants, and for providing for the duc management of the said tramway and light railway, and the protection thereof, and the carriages and waiting-rooms, offices, and premises from trespass and injury. But no such regulation shall authorize the closing of the said tramway and light railway between sunrise and sunset, except at any time when in consequence of any of the works being out of repair or from any other sufficient cause it shall be necessary to close the said tramway and light railway or any part thereof. Provided that such by-laws be not repugnant to the laws of the Colony or to the provisions of this Act, and a copy of such by-laws shall be given to every officer and servant of the said Clement Alban Benbow and Leslie Johnston, their heirs, executors, ydiministrators, or assigns, employed on the said ¢ tramway Liability of carriers. Tolls Regulations for use of railway. 34 52' VIC. 1889. North Shore, Manly, and Pittwater Tramway and Railway. tramway and light railway or affected by such by-laws, and such by-laws shall specify penalties which shall in no case exceed the sum of ten pounds. Provided always that such by-laws must be first approved of by the Governor with the advice of the Executive Council. Provided always that the said Clement Alban Benbow and Leslic Johnston, their heirs, executors, administrators, or assigns, or their employees or servants shall, when using or when upon the premises of the said tramway and light railway, be liable and subject to the Government Railway by-laws. Evidence of by-laws. 17. The production of a copy of the New South Wales Gazette containing such by-laws shall be sufficient evidence of such by-laws in all proceedings under the same. Compensation for 18. Where the land necessary for the purposes of such tramway private lands, and light railway consists wholly or partly of land alienated by or not the property of the Crown, or isnot Crown Land as defined by this Act, the owners thereof shall be entitled to receive such sum of money by way of compensation for the land taken for such purposes as shall be agreed upon or otherwise ascertained, under the provisions hereinafter contained. Conversion of estate 19. The estate and interest of every person entitled to lands Se Pron Or toe required under this Act or any portion thereof, and whether to the claim, legal or equitable estate therein, shall, upon duc payment of the amount of compensation tendered by Clement Alban Benbow and Leslie Johnston, their executors, administrators, and assigns, or assessed, as hereinafter provided, be deemed to have been as fully and effectually conveyed to Clement Alban Benbow and Leslie Johnston, their executors, administrators, and assigns, as if the same had heen con- veyed by the persons legally or equitably entitled thereto by means of the most perfect assurances in the law. And every person shall, upon making out his title in respect of any portion of the said resumed lands, be entitled to compensation on account of such resumption in manner hereinafter provided. Compensation clanse. 20. If within twenty-eight days after the passing of this Act the persons through whose lands the said tramway and light railway shall pass, or any of them, and the said Clement Alban Benbow and Leslie Johnston, their heirs, executors, administrators, or assigus, shall not agree as to the amount of compensation to be paid by the said Clement Alban Benbow and Leslie Johnston, their heirs, executors, administrators, or assigns, for the said lands belonging to the said parties or any of them, or for any damage that may be sustained by them by reason of the execution of the works, or if any other question as to compensation shall arise under this Act the amount of such compensation shall be settled by arbitrators in manner hereinafter ; mentioned, that is to say— Appointment of Unless both parties shall concur in the appointment of a single arbitrator, each party on the request of the other party, shall nominate and appoint an arbitrator to whom such dispute or other matter shall be referred, and every appointment of an arbitrator shall be executed by such party, and such appoint- ment shall be delivered to the arbitrator or arbitrators and shall be deemed a submission to arbitration on the part of the party by whom the same shall be made, and after any such appointment shall have been made neither party shall have power to revoke the same without the consent of the other, nor shall the death of cither party operate as a revocation, and the award of such arbitrators or umpire if appointed as hereinafter provided shall be final, and if for the space of fourteen days after any such dispute or other matter 1889. 52? VIC. 3D North Shore, Manly, and Pittwater Tramway and Railway. matter shall have arisen, and after a request in writing shall have been served by the one party on the other party to appoint an arbitrator, such lastmentioned party fail to appoint such arbitrator, then, upon such failure, it shall he lawful for the Attorney-General for the time being of the said Colony on the application of the party who has himsclf appointed an arbitrator to appoint such arbitrator to act on behalf of both parties, and such arbitrator may proceed to hear and determine the matter which shall be in dispute, and in such case the award or determination of such single arbitrator shall be final and. conclusive. 21. If before the matter so referred shall be determincd, any Vacancy in arbitra- arbitrator appointed by either party shall die, or become incapable, or ti" ' be supplied. refuse, or for fourteen days neglect to act as arbitrator, the party by whom such arbitrator was 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 writing from the other party for the purpose, he fail to do so, the remaining or other arbitrator may procced alone. and every arbitrator so to be substituted as aforesaid, shall have the same powers and authorities as were vested in the former arbitrator at the time of such, his death, refusal, neglect, or disability as aforesaid. 22. Where more than one arbitrator shall have been appointed, Appointment of such arbitrators shall, before they enter upon the matters referred to?" them, nominate and appoint by writing under their hands an umpire to decide any matters on which they shall differ, or which shall be referred to them under the provisions of this Act, and if such umpire shall die, or refuse, or for seven days neglect to act after being called upon to do so by the arbitrators, they shall forthwith, after such death, yefusal, or neglect, appoint another umpire in his place, and the decision of every such umpire on the matters so referred to him shall be final. 23. If in either of the cases aforesaid the arbitrator or arbitrators Attorney-General to shall refuse, or for seven days after request of either party to such sppoint umpire on arbitration neglect to appoint an umpire, it shall be lawful for the " Attorney-Gencral for the time being, on the application of either party to such arbitration, to appoint an umpire, and the decision of such umpire on the matters on which the arbitrators shall differ or which shall be referred to him under this Act shall be final. 24. If where a single arbitrator shall have been appointed such tn case of death of arbitrator shall die or become incapable, or shall refuse, or for four- seer te beer the teen days neglect to act before he shall have made his award, the de ave, 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. 25. If where more than one arbitrator shall have been appointed, yf cither arbitrator cither of the arbitrators shall refuse, or for fourteen days neglect, to refuse fo act the act, the other arbitrator may procced alone, and the decision of such oe parte other arbitrator shall be as effectual as if he had been a single arbitrator appointed by both parties. 26. If where more than one arbitrator shall have been appointed, If arbitrators fuil to and where neither of them shall refuse or neglect to act as aforesaid, eh tate ae such arbitrators shall fail to make their award within twenty-onc days days the matter to after the day on which the last of such arbitrators shall have been £° ' the umpire. appointed for that purpose by both of such arbitrators under their hands, the matters referred to them shall be determined by the umpire to be appointed as aforesaid. 27. The said arbitrators or their umpire may call for the pro- powers of arbitrators duction of any documents in the possession or power of cither party, 'o call for books, &e. which they or he may think necessary for determining the question in dispute, and may examine the parties or their witnesses on oath, and administer the oaths necessary for that purpose. 28. Arbitrators or umpire to make x declaration for faithful discharge of duty. Penalty for mis- conduct. Cost of arbitration how to be borne. Awird to be delivered to U. A. Benbow and L, Johnston. Submission may be made a rule of Court. Award not void through error in form. General power of entry. Power to purchase lands by agreement, _ » VIC. 1889. North Shore, Manly, and Pittwater Tramway and Railway. 28. Before any arbitrator or umpire shall enter into the con- sideration of any matters referred to him, he shall, in the presence of a Justice of the Peace, make and subscribe the following declaration, that is to say,— I, A.B., do solemnly and sincerely declare that I will faithfully and honestly, and to the best of my skill and ability, hear and determine the matters referred tor me under the provisions of the "North Shore, Manly, and Pittwater Tramway and Railway Act of 1888." Made and subscribed in the presence of A.B. and such declaration shall be 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 misdemeanour. 29. All costs of any such arbitration and incident thereto to be settled by the arbitrators shall be borne by the said Clement Alban Benbow and Leslie Johnston, their heirs, executors, administrators, or assigns, unless the arbitrators shall award the same or a less sum than shall have been offered by the said Clement Alban Benbow and Leslie Johnston, their heirs, executors, administrators, or assigns, in which case each party shall bear his own costs incident to the arbitration, and the cost of the arbitrators shall be borne by the parties in equal pro- portions, unless the amount awarded shall be one-fourth less than the amount claime¢ , in which case the whole costs shall be paid by the claimant. Provided that if cither party shall be dissatisfied with the costs allowed by the arbitrators as aforesaid, the costs may be taxed by the Prothonotary or other proper officer of the Supreme Court, and the amount allowed by such officer shall be the amount of costs to be paid. 30. The arbitrators shall deliver their award in writing to the said Clement Alban Benbow and Leslie Johnston, their heirs, executors, administrators, or assigns, who shall retain the same, and shall forth- with, on demand, at their own expense, furnish a copy thereof to the other party, and shall at all times, on demand, produce the said award, and allow the same to be inspected or examined by such party or any person appointed by him for that purpose, and the amount awarded shall be paid within sixty days after the publication of such award. 31. The submission to any such arbitration may be made arule of the Supreme Court on the application of either of the parties. 32. No award made with respect to any question referred to arbitration under the provisions of this Act shall be set aside for irregularity or error in matter of form. 33. Subject to the provisions of this Act, it shall be lawful for Clement Alban Benbow and Leslie Johnston, their executors, adminis- trators, and assigns, and for any officer there duly authorized in that behalf, and for all persons employed in the carrying out of any authorized works, and for any person authorized by Clement Alban Benbow and LeslicJ ohnston, their executors, administrators, and assigns, to enter upon the lands of any person whomsoever which Clement Alban Benbow and Leslie Johnston, their executors,administrators, and. assigns may require to purchase or take, and to take possession and appropriate the same for the purposes of this Act or of the exccution of any such authorized works. 34. Notwithstanding anything hereinbefore contained, it shall be lawful for Clement Alban Benbow and Leslie Johnston, their executors, administrators, and assigns, if they think fit, to agree with the owners of any lands, the acquisition of which is authorized by this Act, and with all parties having any estate or interest in such lands or by this Act enabled to sell and convey the same for the absolute purchase, for a consideration in money of any such lands or such parts thereof as shall be thought proper, and of all estates and interests in such lands of what kind soever. 35, 1889. 52' VIC. 37 North Shore, Manty ly, and Pitheater Tranro«y LY y and Raiboay ye 35. Itshall be law ful for all parties heing seized, possessed of, or Parties under dis- entitled to any such lands or any estate or intorest therein to sell and wil convey aud sell convey or release the same to Clement Alban Benbow and Leslie exercise other Johnston, their executors, administrators, and assigns, and to enter Powe" into all necessary agreements for that purpose, and particularly it shall be lawful for all or any of the following parties so seized, possessed, or entitled as aforesaid, so to sell, convey, or release, that is to say, all cor- porations, tenants in tail or for life, married women seized in their own right or entitled to dower, guardians, committees of lunatics and idiots, trustees or feoffees in trust for charitable or other purposes, executors and administrators, and all parties for the time-being entitled to the receipt of the rents and profits of any such lands in possession or subject to any estate in dower, or to any lease for life, or for lives and years, or for years or any less interest, and the power so to sell and convey or release as aforesaid, may lawfully be exercised by all such parties other than married women entitled to dower or lessees for life or for lives, and years or for years, or for any less interest, not only on behalf of themselves and their respective heirs, exccutors, administrators, and suc- cessors, but also for and on behalf of every person entitled in reversion, remainder, or expectancy after them, or in defeasance of the estates of such parties, and as to such married women, whether they be of full age or not, as if they were sole and of full age, and as to such guardians on behalf of their wards, and as to such committees on behalf of the lunatics and idiots of whom they are the committees respectively, and that to the same extent as such wives, wards, lunatics, and idiots, respee- tively could have exercised the same power under the authority of this Act, if they had respectively been under no disability, and as to such trustees, executors, or administrators on behalf of their cestui que trusts whether infants, issue unborn, lunatics, feme covert, or other persons, and that to the same extent as such cestué que trust respectively could have exercised the same powers under the authority of this Act, if they had respectively been under no disability, and the power hercinafter given to release lands from any rent-charge or incumbrance, and to agree for the apportionment of any such rent-charge or incumbrance, shall extend to, and may lawfully be exercised by every party hereinbefore enabled to sell and convey or release lands to the said Clement Alban Benbowand Leslie Johnston, their executors, administrators, and assigns. 36. The said Clement Alban Benbow and Leslie Johnston, their Compensation for heirs, executors, administrators, or assigns shall make compensation temporry, and satisfaction to be ascertained and ' recovered in case of difference veurring injuries, in the manner hereby provided for temporary, permanent, or recurring injury, and all other damage, loss, costs, charges, and inconvenience which may in anywise be occasioned by the non-performance or wrongful or negligent performance by the said Clement Alban Benbow and Leslic Johnston, their heirs, executors, administrators, or assigns of any of the matters or things hereby required to be performed by them or otherwise. 37. It shall be lawful for the Secretary for Public Works on power for tho behalf of the Government at any time, by notice in writing, to require Government to the said Clement Alban Benbow and Leslie Johnston, their heirs, tale exccutors, administrators, or assigns to sell, and thereupon the said Clement Alban Benbow and Leslie Johnston; their heirs, executors, administrators, or assigns shall sell to the Government, as the case may be, the said tramway and light railway upon the terms of paying the then value (exclusive of any allowance for past or future profits of the said tramway and light railway or any compensation for compulsory sale or other consideration whatsoever) of the said tramway and light railway, and all lands, buildings, works, materials, and plant of the said Clement Alban Benbow and Leslic Johnston, their heirs, executors, administrators, Recovery of penalties, Shoit title. 02° VIC. 1889. North Shore, Manly, and Pittwater Tramway and Railway. administrators, or assigns, suitable to, and used by him or them for the purposes of the said tramway and light railway, such value, in case of difference, to be ascertained by arbitration in the manner pro- vided by the Arbitration Act thirty-one Victoria number fifteen. And when any such sale shall have been made to the said Government, the said tramway and light railway, lands, buildings, works, materials, plant, and premises shall vest in the Railway Commissioners, who shall have all the rights, powers, and authorities of the said Clement Alban Benbow and Leslie Johnston, their heirs, executors, administrators, and assigns in respect to the said tramway and light railway so sold. 38. All penalties imposed under this Act or under any by-laws made in pursuance thereof shall be recoverable in a summary way pore a Stipendiary or Police Magistrate or any two Justices of the eace. 39. This Act may be cited for all purposes as the '' North Shore, Manly, and Pittwater Tramway and Railway Act of 1888." SCHEDULES. SCHEDULE A. Tram-line from North Shore to Manly Beach. The tram-line will start from the east side of Miller-street at the intersection with Faleon-strect, and proceed along Falcon-street to east side of Merlin-strect ; thence across allotment number four, marked on county map as belonging to Mrs. A. M. Thompson, entering at the south-west corner and leaving at the north-east corner thereof; thence along the Great Military Road and the lower Spit Road to the waters of Middle Harbour. 2. After crossing the said waters, the main line will proceed along the newly- formed road until it reaches the fourth angle therefrom, when it will be necessary to extend the road five chains into land marked on the county map as belonging to J. Fisher, in order to form a reversing line; thence along the main Manly Road to a point seven chains east of the south-west angle of land shown on county map as belonging to J. H. Jones, from which point it will proceed through said land belonging to supposed owner for a length of ten chains and across a Government reserve No. C 683690, dedicated fifth May, one thousand eight hundred and seventy-six ; thence through lands marked on county map as belonging to J. T. Gray and T. Holt, junior; thence across West-street through V. Zahel's property to and across Wood-street, through V. Zahel's property and across Condamine-street, through V. Zahel's property and across Boyle- strect ; thence through land marked on county map as belonging to J. M. Illidge and across Hill-street, and along a street forming the northern boundary of the Manly Cemetery to the western boundary of land marked on the county map as belonging to W. Watkins; thence through the said land to the north-east angle of said land; thence along the road to the south-west angle of land marked on the map as belonging to J. Farrell; thence along a reserved but fenced in road, between said land and land marked on county map as belonging to 11. G@. Smith to the junction with the Pittwater Road, and along said Pittwater Road into Manly and terminate near the steamers' wharf. Subject to power for the said Clement Alban Benbow and Leslie Johnston, their heirs, executors, administrators, or assigns, to deviate to the extent of fifty feet from either side of the above lines, subject to the approval of the Railway Commissioners. SCHEDULE B. Manly Beach to Pittwater—Light Railway or Tram. Commencing at the junction with the North Shore and Manly tram-line, situated five chains east of south-west angle of land marked on county map as belonging to J. Farrell; thence through south-west angle of said land and across a road into and through lands marked on county map as belonging to Thomas M'Clelland and iI. G. Alleyne, through Government reserve and across Curl Curl Lagoon into and through lands marked on county map as belonging to J. H. Palmer, across a road into and through land marked on county map as belonging to John Wheeler and W. Tobin, across a road into and through land shown on county map as belonging to John Wheeler, where the road will be required to be diverted half a chain to the east of present position across the 1889. 52° VIC. Hunter-strect Newcastle Extension. the Manly to Pittwater Road, into and through lands marked on county map as_belong- ing to W. F. Parker and W. Nicholson, into and through the subdivision known as the Greendale Estate, across a Government road along Pittwater to Manly Road, which road at this point will be diverted one chain to the westward for the length of eight chains into land marked as belonging to W. Redman ; thence through lands bel onging to James Wheeler and James Jenkins to the southern boundary of the Mount Ramisay Estate ; thence through lands belonging to C. E. Fuller, for a length of four chains, and thence along Ocean-strect to its intersection with Loftus. street ; thenee through lands belonging 'to C. E, Fuller to Narrabeen Lagoon, across the said Jagoon into and through lands 'belonging to J. I. Collins; thence 'through | Jands shown on county map as belonging to E. Jenkins and J. Jenkins, where the "Pittwater to Manly Road will have to be diverted for a length of twenty-six chains to the west; thence through land shown on county map as belonging to J. C. Wedeman; thence through Government reserve No. C 46-20 30 roll nxxr ixx, across the Pittwater Road; thence into and through the property marked on county map as the Mona Vale Estate ; thence across the head waters of an arm of Pittwater; thence along the foreshores of said Mona Vale property, across an inlet from Pittwater ; thence into and through lots six and seven, section E of Newport subdivision, across "Beaconsficld-strect, across allotments five, six, seven, eight, scetion D same subdivision, across Queen's-parade, across Kings-strect and Trafalgar-square and Gladstone-strect, into and through allotments five to seventeen, section J of the same subdivision of Newport, which will be the terminus. Subject. to power for the said Clement Alban Benbow and Leslie Johnston, their heirs, executors, administrators, or assigns, to deviate to the extent of fifty fect from either side of the above line, subject to the approval of the Railway Commissioncrs.