New South Wales: Pennant Hills Tramroad Act 1854 18 Vic (NSW)

Pessaxr thus An Act to enable the Commissioners for the City TRAMROAD. — of Sydney to construct a Tramroad from the Quarry at Pennant Hills to the Parramatta River. [2nd December, 1854. ] Preautble. Wee the Commissioners for the city of Sydney obtain a ly of blue metal or stone from a certain public Quarry situate at Pennant Hills in the county of Cumberland in the Colony of New South Wales for the purpose of forming repairing and amend- ing the public streets and places in the city of Sydney which is likely to prove beneficial to the inhabitants of the said city and the public advantage is at present especially concerned in promoting the increase and 1854. 18° VIC. 421 Pennant Hills Tramroad. and facility in the supply 'of such metal or stone from the said Quarry if the same could be conveyed by a Tramroad or Tramway from such Quarry to the Parramatta River and it is necessary to pass over certain lands already granted by the Crown to several persons and whereas it is deemed expedient to authorize the said Commissioners to form such Tramroad or Tramway over the lands hercinafter described upon payment of reasonable compensation to the owners of such land for such quantity thereof as may be occupied thereby Be it therefore enacted by His Excellency the Governor of New South Wales with the advice and consent of the Legislative Council thereof as follows— 1. It shall be lawful for the Commissioners for the city of Commissioners Sydney to make and continue a Tramroad or Tramway from thie struct a Tramroad. Parramatta River aforesaid to the southern boundary of the said Quarry at Pennant Wills aforesaid in the line described in the Schedule hereunto annexed marked A so that such road or way shall not occupy in any part thereof a greater space in breadth than twenty-five feet including the supports abutments and foundations thercof but reserving to the Commissioners the power to deviate from the description in the said Schedule to the extent of two chains on cither side of the proposed 'Tramway. 2. The rails of so much of the said Tramroad or Tramway as As to level of rails shall pass along or over any public roads shall not be raised above two wee Ee rand wt inches above the level of the said road and the said Commissioners as to right to the soil. shall have no further right to the soil of the land bencath the surface than shall be requisite for the formation and repair of the said road by cutting embanking or otherwise. 3. The ground and soil of so much of the site of the said Lands taken to be ramroad or Tramw ay as passes over the lands of such persons as may "4 Without deod- be taken or used by the said Commissioners or their successors in pursuance of the provisions of this Act together with such right of ingress upon the adjacent land as shall be necessary for the making and repair thercof shall be vested by virtue of this Act and without the necessity of any deed of conveyance of the land in the said Com- missioners and their successors for the purpose of a Tramroad or Tramway for their usc and the use of their lessees and tenants and their servants officers workmen and contractors subject to the provisocs hereinbefore contained And provided further that at the junction or crossing of the said Tramroad or Tramway with or over any highway the said Commissioners shall erect and maintain proper and efficient. gates for the safety of the passengers and traffic on the said highway. The said Commissioners or their successors shall pay to the Commissioners to said patios whose land shall be so taken or used by the said Commis- P*Y &t Ind taken, sioners as aforesaid the sum of twenty pounds per acre and in the like proportion for any less quantity for such land of the said partics as the said Tramroad or Tramway inclusive of the supports abutments and foundations thereof shall occupy but in case the said parties shall ; deem the said price or compensation insuflicient it shall be lawful for ie oon renege them within the space of six months from the passing of this Act to missioners to bo appointed to assess apply to Tis Excellency the Governor to appoint and he shall there- value, upon appoint accordingly Commissioners to inquire into and assess the same in like manner as is enacted and directed in the case of a road through private property proclaimed by the Government under and by virtue of an Act of the Governor and Legisiative Council passed in the fourth year of the reign of His late Majesty King William the Fourth intituled "dn