New South Wales: Richmond Bridge Company's Act 1857 20 Vic (NSW)

An Act to incorporate a Company to be called Bx» Bree "The Richmond Bridge Company" and to erect and maintain a Bridge over the River Hawkesbury at the Richmond Ferry in direct continuation of the public Road and to take Tolls thereat for a term of years and for other purposes therein mentioned. [18th March, 1857. | IEREAS the great increase of population in the districts of Preamble. North Richmond and Kurryjong in the county of Cook and the extension of the traffic across the River Hawkesbury have rendered the erection of a Bridge at or near the site of the present Ferry at North Richmond desirable Be it therefore enacted by the Queen's Most. Exccllent Majesty by and with the advice and consent of the Legis- lative Council and 'Legislative Assembly of New South Wales in Parliament assembled and by the authority of the same as follows— 1. William Bowman Robert Fitzgerald John Hoskinson George Company incorpo- Bowman William Lamrock James T. Ry. an William Parnell Richard ™*% Skuthorpe George Douglass Benjamin Richards John Town Thomas Case 'Thomas Eather senior Charles Eather and all and every other person and corporation who shall hereafter become subscribers to the said undertaking and their several and respective successors executors administrators and assigns shall be and are united into a company for making building completing and maintaining a substantial Bridge of af width not to be less than twenty-six fect at the place hereinafter men-' tioned at or near the Richmond Ferry to continue the present line of the public road in the county of Cumberland on the east side of the River Hawkesbury with the road on the opposite or west side of the same in the county of Cook and for that purpose shall be one body corporate by the nanie style and title of "'The Richmond Bridge Company" and by that name shall have perpetual succession and a common seal and by that name shall and may sue and be sued plead and be impleaded answer and be answered unto defend and be defended in all Courts and places whatsoever and the said company shall from time to time and at all times have full power and authority to constitute make ordain and establish such by-laws regulations and ordinances as may he deemed necessary for the good rule and government of the said company Provided that such by-laws be not inconsistent herewith or with any laws in force in this Colony or repugnant to the laws of England. 2. Capital divided into twelve hundred shares at £5 cach. Periods for calls and amount of payment. Share to be personal estate. Register of share- holders to be kept. Shares may be sold. Form of conveyance. 20° VIC. 1857. Richmond Bridge Company. 2. The capital stock of the company hereby established shall be six thousand pounds sterling and shall be divided into twelve hundred shares of five pounds each and such shares shall be numbered beginning with number one and so on in regular arithmetical progres- sion ascending whereof the common excess or difference shall always be one and every such share shall always be distinguished by the number to be applied to the same and the said shares shall be and are hereby vested in the persons hereinbefore named and in such other persons as shall take shares in the said company and their successors and their several and respective executors administrators and assigns and upon taking any share every subscriber shall pay to the treasurer or other proper officer of the said company the sum of two shillings and sixpence sterling for every share which shall be so taken and shall pay the remaining amount of every such share to the said treasurer or other officer in such parts or proportions as the directors of the said company shall deem necessary and from time to time call for and require Provided always that no such call shall exceed the sum of one pound sterling for or in respect of any one share and that no call or calls be made but at the distance of two months at the least from another and that notice thereof in writing shall be given to each and every shareholder by the secretary or other proper officer of the company fifteen days at least before the time appointed for the pay- ment of the same and on the demand of the holder of any share the directors for the time being shall cause a certificate under the seal of the said company of the proprietorship of such share to be delivered to such shareholder and the same shall be according to the form in Schedule A to this Act annexed or to the like effect and the said shares shall be and be deemed personal estate and transferable and trans- missible accordingly and every such share shall entitle the holder thereof to a proportionate part of the profits and dividends of the said company. 38. The said company shall so soon as the same can be done cause the names additions and addresses of the several proprictors of shares in the said company together with the number of shares to which they shall be respectively entitled and also the proper number by which every such share shall be distinguished to be fairly and distinctly entered in a register book to be kept in the office of the said company for that purpose and to be called "The Register of Shareholders" to the end that each proprietor for the time being and his interest in the company may be known and that when and so often as any change of ownership in such shares shall take place by transfer or otherwise such change of ownership shall be duly entered in the said book. 4. It shall be lawful for the proprietor of any share in the said undertaking and his executors or administrators to sell and dispose of any share to which he shall be entitled therein subject to the provisions herein contained And the form of the conveyance of shares shall be in conformity with Schedule B hereunto annexed and in every such case the said decd or conveyance being duly executed shall be delivered to the secretary or other proper officer of the said company to be kept by him and the said secretary or other proper officer shall enter a memorial of such transfer and sale for the use of the said company in a book to be kept for that purpose and shall indorse such entry on the conveyance and on the request of the purchaser of any share an indorse- ment of such transfer shall be made on the certificate of such share instead of a new certificate being granted and such indorsement being signed by the secretary or other proper officer of the said company shall be considered in every respect the same as a new certificate and until such transfer shall be so delivered to the secretary or other proper officer as aforesaid the vendor of the share shall continue liable to 1857. 20° VIC. 513 Bichmond Bridge Compan Y. to the company for any calls that may be made upon such share and the purchaser or purchasers of the share shall not be entitled to receive any share of the profits of the said undertaking or to vote in respect of such share. 5. A certificate of the proprictorship of any share in the said Evidence of property company under the seal of the said company as aforesaid shall he admitted in all Courts as primnd facie evidence of the title of any shareholder his exceutors administrators or assigns to the share therein Specified. 6. No sharcholder shall sell or transfer any share which he No share to be transferred while in shall possess in the said company after any call shall have been made arrenr. by the said directors for any sum ov sums 'of money in respect of such share unless he at the time of such transfer shall have paid or dis- charged to the treasurer of the said company or to such other person as the directors shall authorize to receive the same the whole and entire sum of money which shali have been called for in respect of such share so to be sold and transferred. 7. The said company shall not be bound to sec to the exccution Company not hound o sce to execution of of any 'ieust implied or constructive to which any of the said shares trusts in respect of may be subject and the reccipt of the party in w hose name any such 5's. share shall stand in the books of the said company and if it shall stand in the name of more parties than one the receipt of one of the parties named in the register of shareholders shall from time to time be a sufficient discharge to the said company for any dividend or other sum of money payable on account of any such share notwithstanding any such trusts to which such share may then be subject unless the said company shall have notice of such trusts and the said company shall not be bound to see to the application of the money paid upon such receipt. 'The several persons who have subscribed or who shall here- Subscribers to the . ' : . : stock or their repre- alter subscribe any money towards the said widertaking or their legal sentatives to pay as representatives respectively shall pay the sums respectively so sub- appointed by the scribed or such portions thereof as shall from time to time be called : for by the directors of the said company at such times and places as shall be appointed for the payment thereof and with reference to the provisions in this Act. contained for enforcing the payment of calls the ; word " shareholder" shall extend to and include the personal repre- Mice naesea sentatives of such shareholder. tatives. 9. Tt shall be lawful for the directors of the said company from Power to make calls : : a : . . upon the share- time to time fo make such calls of money upon the several sharcholders holders and obliga- in respect to the amount of capital subseribed or owing by them tions to pay. respectively as they shall deem necessary provided that fifteen days notice at the least be given of each and ¢ very such call and that successive calls be not made at less than the prescribed interval of two months as aforesaid and that no call exceed the prescribed amount as aforesaid and that every sharcholder shall he liable to pay the amount of the calls so made in respect of the shares held by him to the trea- surer of the said company or other person appointed as aforesaid at. the times and places from time to time appointed by the directors of the said company. 10. If before or on the day appointed for such payment any Interest to be paid shareholder shall not pay the amount of any call to which he is liable oversdie calls, every such shareholder shall he liable to pay interest for the same at the rate of seven pounds per cent. per annum from the day appointed for the payment thereof to the time of the actual payment. 11. It shall be lawful for the said company if they think fit to Power to receive ces from receive from any of the shareholders who shall be willing to advance shareholders. the same all or any part of the money due upon their respective shares beyond the sums actually called for. 38 12. 514 20° VIC. 1857. Richmond Bridge Company. Power to sue default- 12. Ifat any time appointed by the said company or the directors ing shareholders. — thereof for the payment of any call any sharcholder shall fail to pay the ' amount of such call to which he shall be liable it shall be lawful for the said company to sue such shareholder for the amount thereof in any Court of Law or Equity having competent jurisdiction and to recover the same with interest as aforesaid from the day on which such call was payable. Register of share- 13. The production of the register of shareholders required to holders tobe prima . . 3 . 4 . . facie evidence. be kept in the office of the said company shall be primd facie evidence of such defendant's being a shareholder and of the number and amount of his shares. Shares in arreay 14. If any shareholder shall fail to pay any call payable by forfeited, him together with interest if any shall have accrued due thereon the directors of the said company at any time after the expiration of two months from the day appointed for payment of such call may if they shall think fit declare the share in respect of which such default shall have been made forfeited and that whether the said company shall have sued for the amount of such call or not. Twenty-one days 15. Before declaring any share forfeited the directors of the notice to be given . ' 7 . of intention to said company shall cause notice of their intention to declare such declare Share share to be forfeited to be left at or transmitted by post to the usual , or last known place of abode of the person appearing by the register of sharcholders required to be kept in the office of said company to be the proprictor of such share and if the holder of any such share shall be beyond the limits of this Colony or if his or their usual or last place of abode be not known to the said directors or if the interest in any such share shall be known to the said directors to have become transmitted otherwise than by transfer and so the address of the party to whom the said share may for the time being belong shall not be known to the said directors the said directors shall give public notice of such intention in the New South Wales Government Gazette and also in one or more of the newspapers published in the city of Sydney and the several notices aforesaid shall be given twenty-one days at least before the said directors shall make such declaration of forfeiture. Porfeited shares may 16. That after such forfeiture as aforesaid it shall be lawful for : the said directors to sell the forfeited share or shares ¢ither by public auction or private contract and if there be more than one forfeited share then either separately or together as to them shall seem {it and any shareholder may purchase any forfeited share so sold as aforesaid and the receipt of the officer of the said company authorized by the directors to receive payment of the price of such share shall constitute a good title to such share and a certificate of proprietorship shall be Evidence of proprie- delivered to such purchaser and thereupon he shall be deemed the torship in purchaser holder of such share discharged from all calls made prior to such purchase and he shall not be bound to see to the application of the purchase moncy nor shall his title to such share he affected by any irregularity in the proceedings in reference to such sale. No more shares to be 17. The said company shall not sell or transfer more of the sotto par ot shares of any such defaulter than shall be sufficient as nearly as can arrears and expenses. be ascertained at the time of such sale to pay the arrears then duc from such defaulter on account of any calls together with the interest payable in respect thereof and the expense attending such sale and declaration of forfeiture and if the money produced by the sale of any such forfeited share be more than sufficient to pay all arrcars of calls and interest thereon due at the time of sucli sale and the expenses attending the declaration of forfeiture and sale thereof and the proof thereof and the certificate of proprietorship to the purchaser the surplus shall on demand be paid to the defaulter. 18. 1857. 20° VIC. 515 Richmond Bridge Compan Y 1s. If payment of such arrears of call and interest and On Payment of expenses be made before any shares so forfeited and vested in the said sha s to revert to company shall have been sold as aforesaid such share shall revert to Me P"y- the party to whom the same belonged before such forfeiture in such manner as if such call had been duly paid. 19. So soon as the capital stock of the said company shall have Han in een of been actually subseribed for and the sum of two thousand pounds paid authorized Team: up and not. before it shall be lawful for the said company and they merce work. are hereby authorized and empowered by themsclves their agents deputies officcrs and workmen to construct build or cause to be constructed built and completed a good substantial bridge not less than twenty-six feet wide over that part of the river Hawkesbury over which the present road from North Richmond to the ferry would pass if prolonged in a straight line from the point at which it diverges towards the south to reach the said ferry and to dig and make proper foundations in the said river or on the banks thereof and to eut remove and carry away all roots of trees heds of gravel sand carth mud or other impediment whatsoever which may in any way Interrupt or hinder the erecting or completing the said bridge and generally to do and execute all and every other act matter and thing required and necessary convenient or useful for erecting building preserving pro- teeting and repairing the said bridge and the course or channel of the said river and making such proper embankments ways and approaches thereto as may be required according to the true intent and meaning of this Act Provided that no such embankment ways or approaches shall be made execpt on public land without the consent of the owner and provided also that if the present lessee of the ferry at North Richmond should sustain any pecuniary injury from the exercise by the said company of the powers hereby conferred on it he shall be entitled to recover from the said company adequate compensation for such injury. 20. The immediate government and management of the affairs Compan 's affairs to of the said company shall be vested in seven directors who shall be pe managed Dy a proprictors of at: least twenty shares each and who shall be chosen by the sharcholders of the said company in the manner hereinafter pr ovided but not less than three directors shall constitute a board for the Quorum for jusiness transaction of business of which the chairman shall always be one except i case of sickness or necessary absenee in which case the directors present may choose one of their number as chairman in his stead and the chairman shall vote at the board asa director and in ease of there being an. equal number of votes for and against any question before them the chairman shall have the casting vote. . No sharcholder shall be entitled to vote in the deliberations No vote under ten of the aid company who shall not be possessed of ten shares at the res one vote Jor least in the capital stock of the said company and every sharcholder every additional ten. who shall he possessed of ten or more shares in the said company shall for the first ten shares be entitled to one vote and for every additional number of ten shares to one additional vote Provided that no share- holder shall be entitled to more than ten votes in the said deliberations and all sharcholders may vote by proxy if they shall see fit Provided Vote by proxy. such proxy be a sharcholder and do produce trom the sharcholder whom he shall represent or for whom he shall vote an appointment to the following cffect and in this form— « T (or we) of do hereby nominate and Form of proxy Sc t € the ft] limited to cach appoin one of the pr oprietors of the particular meeting. a * Richmond Bridge Company to be my proxy in my 'name and in my "absence to vote and give my assent or * dissent from any business matter or thing relating to the "said company that shall be mentioned or proposed at the " general Votes of lunatics and , minors, First general mecting of the shareholders to organize the com- pany. Fifteen days notice to be given. Omission to meet not to work a for- feiture. Retirement of directors. 20° VIC. 1857. Richmond Bridge ¢ idge Company. " general or special meeting of the said company to be «holden on the day of or any adjourn- "ment thereof if I shall not be present in such manner as "he shall think fit for the benefit of the said company. " In witness whereof I have hereunto sct my hand this "6 day of 18 2 And every question of election of public officers or other matters or things which shall be proposed discussed or considered at any public meeting of the said company under the authority of this Act shall be determined and he decided by the majority of votes and proxics then and there present Provided always that the same person shall not vote as proxy for any number of persons who shall be together proprietors of more than three hundred shares. 22. If any shareholder be a lunatic or idiot such lunatic or idiot may vote by his committee and if any shareholder shall he a minor he or she may vote by his or her guardian and every such vote may be given either in person or by proxy. 23. W henever six hundred shares of the said capital stock shall have been subscribed and the deposits paid as aforesaid the first gencral meeting of the shareholders for putting this Act in execution shall be held at some convenient place in the borough of Richmond between the hours of ten in the forenoon and four in the afternoon of which [meeting not less than fifteen days notice shall be given by advertisc- ment in the New South Wales Government Gazette and in one or more of the newspapers published in the city of Sydney which notice three or more of the said shareholders are hereby authorized to give and there shall be held in each and every year after the present year two general meetings of the shareholders to be convened upon the second Wednesday in the months of January and July in cach year at the hour of eleven in the forenoon in the said borough or at such other hour or place as the said company at the preceding general meeting shall from time to time direct and appoint of which future general meeting not less than fifteen days notice shall be given by such public advertisements as hereinbefore mentioned or in such other manner as the said company at their respective general meetings shall direct and at such first general meeting the shareholders then present shall by themselves or their proxies proceed to elect by the majority of votes of shareholders at the time possessed of not less than ten shares each seven persons out of such shareholders as at the time of such election shall respectively be possessed in their own right of not less than thirty shares cach in the said company to be directors to manage and conduct the affairs of the said company and the directors so chosen shall choose out of their number one who shall be the chairman of the said company Provided always that the omission to mect as herein- before required shall work no forfeiture but the shareholders may be afterwards called together by the directors of the said company for the time being. 24, At each general meeting which shall be held in the month of July in each year two directors shall retire from office such retire- ment to be decided by lot until all the first set of directors in office at the first general meeting shall have so retired and then in each succeeding year the directors who shall have been longest in office shall retire and so on from time to time during the continuance of the said company and at every such general mecting i in the month of July in each and every year the shareholders then present by themselves or their proxies s shall elect two new directors in the place of the directors who shall have so retired in the manner hereinbefore provided for the election of the first set of directors Provided always that every director who shall by rotation or otherwise go out of office on any gencral 20° VIC "Richmond Bridge Company. general day of election shall be cligible to be immediately re-clected w director of the said company and t any director who shall at any time be re-elected shall be deemed to have been in office only from the time of such re-election and all the first set of directors shall have so retired before any new or re-clected directors shall retire. 25. In case any general mecting of the company at which a new (director ought to have been chosen shall have been adjourned from any cause whatever and a new director shall not have been chosen at such meeting then and in every such case the directors in office for the time being shall continuc "and have full power to act until a new director shall be duly chosen. 26. Every vacancy in the office of director occasioned by death resignation disqui ilification ov removal or by any other means than by eoing out of office by rotation as aforesaid 'shall be filled up by the election of a new director at a special general mecting of the share- holders to be convened by the board of directors for that purpose within two calendar months next after such vacancy shall occur anc every shareholder who shall be cleeted to supply any vacancy in the office of dixector occasioned by the death resignation disqualification or removal of any director as aforesaid shall continue in office so long only as the person in whose place or stead he may be elected woul have been entitled to continue in office if such death resignation. dis- qualification or remoyal had not happened. 27. No person concerned or interested in any contract undcr the said company shall be capable of being a director of the said company and no director shall be capable of being interested in any contract with the company during the time he holds such office, 28. The said directors shall have the power of nominating appointing and discharging all and every the officers and persons conneeted with the said company at such salaries or rates of remune- rition as to the said directors shall seem proper and shall have the management and superintendence of the affairs of the said company and they may lawfully exercise all the powers of the said company exeept as to such matters as are directed by this Act to be transacted by a general meeting of the company but the exercise of all such powers shall be subject to the by-laws rules and regulations of the said company and the sharcholders shall have power from time to time to alter and amend or to make such rules by-laws and regulations for the good government of the said company and of such bridge works and property hereinbefore mentioned and 'for the due collection of the tolls to be hereinafter reserved and for the well governing the workmen and other persons employed by the said company which said rules by-laws and regulations being put into writing under the common. seal. of the said company shall be published in the New South Wales Government Gazette and also in onc or more of the newspapers mblished in the city of Sydney and shall be binding upon and observed by all parties and shall be suflicient in any Court of Law to justify all persons who shall act under the same. 29. It shall be lawful for not less than five shareholders ding in the aggregate two hundred shares by writing under their ids at any time to require the said directors to call an extra- ordinary mecting of the said company and such requisition shall fully express the object of the mecting required to be called and shall be eft at the office of the said company and forthwith upon the reccipt of such requisition the directors shall convene a meeting of the share. holders and if after fifteen days after such notice the directors. shall fail to call such meeting the sharcholders aforesaid qualified as aforesaid may call such public meeting by giving thirty days public notice thereot in the New South Wales Government Gasetle and in one of the newspapers published in the city of Sydney. ho Wi 30. ft Dircetors retiring may be immediately re-clected. Director to continue in oflice till new one elected. Vacancy in the office of director to he filled up within two months, No person concerned in contracts under company shall he capable of being a director. Directors to appoint officers, Call of extraordinary meeting of the coimpany. 518 . 20° VIC. 1857. Richmond Bridge Company. Fifteen days notice 30. Fiftcen days notice at the least of all mectings whether companys of general or extraordinary shall be given by advertisement in onc of the newspapers published in the city of Sydney which notice shall specify the place day and hour of meeting and every notice of an extraordinary meeting shall specify the purpose for which such mecting is called. Tolls granted to the 31. In consideration of the great charges and expenses which company. the said company must necessarily incur in erecting building com- pleting and sustaining in good repair the said bridge and the road over the same upon the proper completion thereof within two years from the passing of this Act and provided the same be kept in proper repair by the said company it shall be lawful for the said company their servants agents or tenants during the residue of the term of forty years hercinafter specified for the continuance of this Act to ask demand recover and receive at a toll-bar or gate to be erected on or at the said bridge the tolls hereafter determined by the directors of the said company provided such tolls shall in no case excced the tolls specified in the Schedule marked C annexed to this Act and no higher tolls shall be charged demanded or received than such as are specified therein for cach and every person animal cart carriage dray wagon and other vehicle which shall pass over such bridge. bar and 'appoint 32. It shall be lawful for the said company to erect or cause to collectors. be erected a toll-bar or gate at upon or near to such part of the said bridge as to the said company shall seem expedient and to collect and receive the aforesaid tolls thereat or to nominate and appoint some fit and proper person to attend the said toll-bar or gate to collect and receive the tolls thereat Provided that at the expiration of this Act the said bridge toll-house land premises and appurtenances shall be and from. thenceforth be deemed to be public property and vested in ; the Crown accordingly. Exemption of 33. Toll shall not be demandable or taken by virtue of this Act and servants clergy- for any horscs or carriages of or belonging to the Governor of the said ite a cornea Colony for the time being or to any person in actual attendance upon employed onthe him or for or in respect of any horse beast carriage or other vehicle Fond rom Payment conveying any clergyman in the discharge of his duty or any other person or persons going to or returning from the proper church chapel or other place of worship of the person or persons riding or driving the same or parties proceeding to or returning from a funcral nor for any clergyman or minister or other person or persons going to or returning from his her or their place of worship on Sunday Christmas Day or Good Friday nor for or in respect of any horse beast carriage or other vehicle carrying the Post Office mails nor from any of Her Majesty's officers and soldiers being in proper staff regimental or military uniform dress or undress nor from any policeman or constable carrying his staff of office or in his proper dress in respect of them- selves or their horses nor for any carriages or horses belonging to Her Majesty or employed in ILer service when conveying persons baggage arms or ammunition or returning therefrom nor "from any person or persons 'horse beast carriage or other vehicle employed in the repairs of the public roads or bridges whilst engaged in carrying on such repairs or drawing materials for the same. Tolls may be let. 34. It shall and may be lawful for the said company to demise and to farm let the tolls demandable under and by virtue of this Act at or upon the said bridge and the lessee or lessees shall have the same power of demanding collecting and taking the said tolls as are hereby _ given to the said company. Lessee may appoint 35. The said lessee or lessees during such time as the said tolls . shall be so leased to them as aforesaid shall and may nominate and appoint such other person or persons as he she or they may think necessary 1857. 20° VIC. Richmond Bridge Company. necessary to collect demand and take tolls so demised leased and farmed and such person or persons so appointed as aforesaid shall and may use all methods for the recovery thercof in case of non-payment or evasion as the said company and such lessee or lessees might or could use under and by virtue of this Act. 36. In case the tolls demandable at or upon the said bridge In case of non-pay- inent of rent or shall be demised by the said company to any person or persons and avoidance lessees the lessce or lessces shall neglect or refuse to perform the conditions 24 occupiers, re- upon which the same shall be so let or in case the rent or rents agreed movable by order of a Justice of the to be paid by such lessce or lessces or any part thercof shall be in arrear P&°* for the space of ten days next after the day on which the same ought to be paid or in case the term for which such lessee or lessecs held the same shall in any manner become void or have expired and the lessec or lessees neglect or refuse to deliver up possession to the said company it shall and may be lawful for any Justice of the Peace upon complaint made upon oath by or on behalf of the directors of the said company by warrant under his hand and seal to order a constable or other peace officer with such assistance as may be necessary to enter upon and take possession of the said bridge and the toll-house at or thereon and all appurtenances thereto belonging and to remove and put out such lessee or lessees and the collectors keepers servants or other person or persons who shall be found therein together with his her or their goods from the possession thercof and from the collection of the tolls thereof and the lease contract or agreement for the same shall thence- forth cease and be utterly void to all intents and purposes except as to the conditions or agreements contained therein on the lessces' part and behalf and which shall or may have been broken and the same tolls and toll-house may be given let or demised to any other person or persons and may in the mean time be collected by the said company their servants or agents in that behalf. 37. The said company are hereby required and the lessce or lessees of the said tolls shall and are hereby required during the whole time that he or they shall take or continue to be the Icssee or lessees of the said tolls to put up or cause to be put up and continued in some conspicuous place at or near the toll-gate or at or upon the toll-housc at or on the said bridge a table in distinct legible black letters on a board with a white ground containing at the top thereof the name of the bridge and also a list of tolls payable at the said bridge distinguishing severally the amount of toll and the different sorts of cattle beast carriages or other vehicles for which they are severally to be paid where there shall be any variation therein and the said com- pany and the said lessee or lessees during the whole time that he or they shall continue to take or be the lessee or lessees of the said tolls shall place on some conspicuous place near to such board the christian and surname of the collector of the said tolls who shall be on duty for the time being and shall continue the same during the whole time such collector or keeper of the said tolls shall be on duty and shall alter the same on every change that may take place in such collector or keeper on duty to the names of the collector or keeper that may succeed as often as any change may take place and if the said company while they shall take the said tolls or their lessee or lessees shall neglect or refuse to put up such table of tolls as aforesaid or to cause the name or names of the said collector or keeper of such tolls for the time being to be put up as aforesaid or if the collector or keeper of such tolls be not in attendance at all times by day and night at the place at which he is stationed or ought to be or shall demand or take a greater toll from any person than he is hereby authorized to do or shall refuse to permit and suffer any person or persons to read or shall in any manner hinder or prevent any person or persons from reading the inscription on the said Table of tolls to be affixed tojtoll-house together with name of collector. Persons refusing to pay may be pre- vented passing. Cattle horses or sheep to be counted by lessce or collector before passing. Penalty of passing bridge without pay- ing toll. Tf lessee or collector detain or obstruct passengers or be insolent to be tined. Persons destroying or injuring bridge to be deemed guilty of felony. Penalty for injuring or destroying toll- gate or any part of the said bridge. 20° VIC. 1857. Richmond Bridge Company. : said boards or the name or names so fixed up as aforesaid or shall refuse to tell his christian and surnames to any person or persons who on paying the said toll shall demand to know the same or any of them or upon the legal toll being tendered or paid shall unnecessarily detain or wilfully obstruct hinder or delay any passenger or passengers from going through the toll-gate at or upon the said bridge then and in each and every such case the said collector or collectors of the said tolls shall forfeit and pay for every such offence any sum not exceeding forty shillings to be recovered and applied as hereinafter nentioned. 38. If any person liable to the payment of any of the said tolls under this Act shall after demand neglect or refuse to pay the same or any part thereof it shall be lawful" "for the person having right or authority at the time to collect the same to prevent such person or persons from passing through the said toll-gate and to shut closc and fasten the same and to keep and continue the same closed and fastened until the said toll be paid. 39. All cattle horses sheep and other beasts for which toll is demandable and payable under this Act may be counted by the lessee or collector of tolls or keeper of the said gate under this Act before such cattle horses sheep or other beasts shall pass over the said bridge. 40. If any person or persons shall resist or make forcible oppo- sition against or shall assault any person or persons having right or authority to collect the said toll in the execution of their duty or shall pass through the toll-gate at or upon the said bridge or shall drive or cause to be driven any cattle or any horse sheep or other beast for which toll shall be payable through the said toll-gate without paying the legal toll to which he or they is or are liable ev ery such person shall for every such offence forfeit and pay a sum not exceeding five pounds to be recovered and applied as hereinafter mentioned. 41. If any lessee or collector of tolls under this Act or any keeper of a gate on the said bridge shall upon the legal toll being tendered or paid unnecessarily or for any unreasonable time w ilfully obstruct hinder or delay any passenger or passengers or his or their horses beasts carriages carts and other vehicles from passing over the said bridge or if any such lessee or collector of tolls or keeper of any gate at or on the said bridge shall make use of any uncivil scurrilous threatening or abusive language or behaviour to any traveller or passenger over the said bridge" then and in each and every such case the said lessee or collector of tolls or keeper of a gate on the said bridge shall forfeit and pay for every such offence any sum not exceeding five pounds to he recovered and applied as hereinafter directed. 42. If any person or persons shall unlawfully and maliciously pull down or in any way destroy or do any injury to the said bridge with intent and so as thereby to render such bridge or any part. thereof dangerous or impassable every such offender shall be deemed guilty of felony and being convicted thereof in any Court. of competent jurisdiction shall be liable to be kept to hard labor on the roads or other public works of the Colony for such term as the said Court shall think fit. 43. If any person or persons whosoever shall wilfully or maliciously injure pull or cut down pluck up throw down break level or otherwise damage demolish or destroy any toll-gate chain post rail bar wall or other fence or fences lamp or lamps belonging to the toll- gate at or upon the said bridge or table of tolls put up thereat or any part of the said bridge or approaches thereto then and in each and every such case the person so offending shall forfeit and pay for every such offence a sum not exceeding ten pounds over and above the damage occasioned thereby to be recovered and applied as hereinatter mentioned. 44, 1857. 20° VIC. 521 Richmond Bridge Company. 44, It shall be lawful for any one or more Justice or Justices Justice of the Peaco of the Peace to hear and determine in a summary way all offences f.hea and deter: cominitted against the true intent and meaning of this Act (except in cases of felony hereinbefore mentioned) and for that purpose to sum- mon before him or them any party or parties accused of being an offender or offenders against the same and in ease the party accused shall not appear on such summons or offer reasonable excuse for his default then and in every such case any such Justice or Justices is or are hereby authorized and required to proceed to make inquiry touching the matters complained of and to examine any witness or witnesses who shall be offered on cither side on oath which oath every such Justice is hereby authorized to administer and after hearing the parties who shall appear and the witnesses offered on either side such Justice or Justices shall convict or acquit the party or parties accused and if the penalty or money forfeited or directed to be paid in any conviction be not duly paid forthwith then every such Justice or Justices shall on the non-payment of the penalty or sum of moncy directed to be paid and the charges thercon by warrant under his or their hand and scal or hands and seals commit every such offender or offenders to some one of the common gaols of the said Colony for any period not exceeding three months Provided always that no person or persons shall he convicted of any offence or offences contrary to the provisions of this Act in a summary way as aforesaid after the expiration of three months from the time when any such offence or oftences shall have been committed. 45. One moiety of all penalties or sums of money recovered Application of under this Act shall be paid to the informer and the other moiety to Pts rere ler Majesty IIer Heirs and Successors for the public uses of the Colony and for the support of the Government thereof. 46. No summary conviction under this Act shall be quashed for Conviction not to be want of form or be removed or removable by writ of ecrtiorari or qhashed for want ot otherwise into the Supreme Court and no warrant or commitment by certiorari. shall be held void by reason of any defect therein provided that it be therein alleged that the party has been convicted and that there be a good and valid conviction to sustain the same. 47. The directors of the said company shall at cach of the Halfyearly half-yearly general meetings make dividends of the surplus tolls and dividends of profits profits arising to the said" company after deducting therefrom the costs charges and expenses of the said company as well as of the repairs of the said bridge toll-gate or toll-house belonging to them as for the salaries and allowances of the several officers and agents and for such other purposes connected with the said company as may be deemed proper by the said directors consistent with the by-laws rules and regulations of the said company. "48. If any money be payable from the said company to any Receiptsof guardians shareholder or other person being a minor idiot or lunatic the receipt good discharges, ° of the guardian of such minor or the receipt of the committee of such idiot or lunatic shall be a sufficient discharge to the said company. 49. Before apportioning the profits to be divided among the Portion of profits shareholders the said directors may if they think fit set aside ther efrom Ittee declariieg such sum as they may think proper to mect contingencies or for dividends. improving or repairing the said br idge toll-gate or anything connected therewith and may divide the balance only ¢ among the sharcholders. 50. No dividend shall be paid in respect of any shaxe until all No dividend to be calls then due in respect of such and every other share held by the Pager ses ™ person to whom such dividend may be payable shall have been paid. 51. If any execution either at law or in equity shall have been ksxcention against issued against the property or effects of the said company and if there sharcheltas tothe cannot be found sufficient whercon to levy such execution then such unpaid shares. 38U execution 20° VIC. 1857. Richmond Bridge Company. execution may be issued against any of the sharcholders to the extent of their shares respectively in the capital of the company not then paid up Provided always that no such execution shall issue against any shareholder except upon the order of any Court in which the action suit or other proceeding shall have been brought or instituted made upon motion in open Court after sufficient notice in writing to the persons sought to be charged and upon such motion such Court may order execution to issue accordingly and for the purpose of ascertaining the names of the shareholders and the amount of capital remaining to be paid up on their respective shares it shall be lawful to any person entitled to any such execution at all rcasonable times to inspect the register of shareholders required to be kept in the office of the said company as aforesaid without fee Provided further that nothing herein contained shall extend to charge or make liable any shareholder of the said company or his real or personal estate with or for any debt or demand whatever due or to become due by or from the said company or in anywise relating to the said undertaking for any of the matiers or things authorized in this Act to be made done or completed beyond the extent of his shares in the capital of the said company not then paid up any law custom or usage to the contrary thereof in anywise notwithstanding. 52. If by means of any such execution any shareholder shall have paid any sum of money beyond the amount then duc from him in respect of calls he shall forthwith be reimbursed such additional sum by the directors out of the funds of the company. 53. It shall be lawful for the said company by order of any general meeting to raise any further sum or sums of moncy not exceeding altogether three thousand pounds in addition to the said capital of six thousand pounds for erecting building completing and maintaining the bridge toll-gate and toll-house hereby authorized and Shareholders not liable beyond the amount of their unpaid shares. Sharcholders to be reimbursed amounts paid beyond calls due. Power to raise a farther capital of £3,000. the said company are hereby au such further sum or sums by contri horized and empowered to raise any bution amongst themselves or by the admission of other persons as subscribers to the said company and by issuing new shares of five pounds cach to such contributors or subscribers but so that cach suc hn contributor or subscriber shall not pay a less price than five pounds for cach new share and that all such new shares shall be and be deemed personal estate and shall be trans- missible accordingly and every person who shall contribute and pay up on or in respect of such new shares or who may become entitled thereto and their several and respective successors executors adminis- trators and assigns shall be and are hereby declared to be owners or proprictors of shares in the said company and shall become united to and incorporated with the said company. 54. All money to he raised by the said company by virtue of this Act shall be laid out and applied in the first place for and towards the payment discharge and satisfaction of all costs charges and expenses incurred in applying for obtaining and passing this Act and of all other expenses preparatory or relating thercto and all the residue and remainder of such money shall be applied in and towards the erecting building completing and maintaining the said bridge toll-gate and house at near or on the same and other the purposes of this Act. Names of proprietors 55. The chairman of the said company shall within thirty toberecorded yearly. days from and after the first day of January in each and every year or as soon thereafter as may be practicable cause a true and correct list of the names of all persons who shall be then existing proprietors or sharcholders of the said company with their respective places of abode and descriptions verified by « declaration to be made by such chairman in pursuance of the Act of the Governor and Legislative Council ninth Victoria number nine to be recorded in the office of the Registrar General Application of money to be raised. 1857. 20° VIC. 523 Richmond Bridge Company. General of the said Colony and the same shall be open for inspection at all reasonable times by any person requiring the same on the pay- ment of a fee of one shilling for cach such inspection and if any such chairman shall omit or neglect to cause such list to be recorded in manner aforesaid or shall wilfully falsify any such list he shall he renaity for neglect. subject and liable to a penalty of fifty pounds to he recovered by an action of debt in the Supreme Court or any other Court of competent jurisdiction of the said Colony by any person who shall suc for the same provided that such action be commenced within two years from the time the offence shall have been committed. 56. Every person whose name shall be so recorded as aforesaid Persons whose names shall be thereby considered taken and held primd facie to be a pro- Foe et ota. prictor or shareholder of the said company and shall be liable as such until a new list of the proprictors or shareholders of the said company shall be recorded as aforesaid or until he shall have retired from and given notice in the New South Wales Government Gazelle of his retive- ment from the said company Provided however that nothing herein contained shall be deemed to absolve any person from liability on account of any debts incurred by the said company during the time such person remained a proprietor or member of the same or to render any individual proprictor or member of the said company liable for any debts incurred by the said company execpt so far as he may he liable under the provisions of this Act. 57. It shall be lawful for the Governor of the said territory for The Government to the time being with the advice of the Executive Council thereof at, any nee Renn time after the expiration of seven years from the completion of the said bridge and its ap- bridge to purchase the same with all its appurtenances in the name fixed price. and on the behalf of Her Majesty or Her Successors upon giving to the said company threc calendar months notice in writing of the intention so to do and upon payment to the said company of a sum equal to the whole amount expended in erecting and completing the said bridge and its appurtenances together with a premium thercon of ten per cent. Provided always thet the said company shall within one calendar Proviso that a veri- month after the completion of the said bridge file in the office of the fed acconnt rane Colonial Secretary of the said Colony a true and faithful account in be tiled in the ollce detail of all costs and expenses occasioned by and incident to the Senta at erection of the said bridge and verified by the declaration of the chairman of the said company and that the 'amount of such costs and expenses shall be the sum wpon which the said premium shall be esti- mated Provided also that at any time during the continuance of the Company may sell at said term of forty years if it be considered 'oxpedient and a general any thie during the mecting of the said company shall have authorized the same it shall be lawful for the said company to sell and dispose of the said bridge and its appurtenances and to assign the interest of the said company in the same to Ler Majesty and Ler Suecessors upon such other terms as may in such case be agreed upon between the said company and the Governor of the said Co ony for the time being and that upon the completion of such sale the right of the said company to demand and take tolls and their liability to keep and maintain the said bridge in repair ides this Act shall cease and determine. At any time after the expiration of forty years from the Power to dissolve passing on this Act it shall be lawfu) for the Governor for the time ily ya after being of the said Colony with the advice of the Exceutive Council thereof by adve rtisement in the Government Gazelte of the said Colony to dissolve and determine the said corporation and thereupon the said corporation of the Richmond Bridge Company shall ipso facto be dissolved and cease. 59. This Act shall continue and be in force forty years Pro- Duration of Act. vided that unless the said bridge shall be properly built and perfected within 524 20° VIC. 1857. Richmond Bridge Company. - within two years after the passing of this Act this Act shall thereupon cease to be in force and the said company be ipso facto dissolved. Rights of the Crown 60. Nothing in this Act contained shall be deemed to affect or not affected. apply to any right title or interest of Her Majesty Her Heirs and Successors or of any body or bodies politic or corporate or of any other person or persons excepting such as are mentioned herein or of those claiming by or under her or them. This Act to be 61. This Act shall be deemed and taken to be a public Act and deemed public Acts 511 be judicially taken notice of as such by all Judges Justices and others without being specially pleaded. SCHEDULES REFERRED TO. A. Form of Certificate of Share. RicumonD Bripce Company. No, This is to certify that A. B. of is proprictor of the share numbered of the Richmond Bridge Company subject to the regulations of the said company. Given under the common seal of the day of in the year of our Lord onc thousand cight hundred and B. I of in consideration of paid to me by of do hereby bargain sell assign and transfer to the said share (or shares as the case may be) numbered of and in the Richmond Bridge Company to hold unto the said his executors administrators and assigns subject to the same conditions as I held the same immediately before the execution hereof And I the said do hereby agrec to accept and take the said share (or shares) subject to the same rules orders restrictions and conditions. As witness our hands and scals the day of in the year of our Lord one thousand eight hundred and Cc. Table of Tolls. For every person crossing the bridge on foot For every horse mare gelding ass or mule drawing or not 'drawing For every ox or head of neat cattle drawing wee eee ove For every ox or head of neat cattle in drove wee ae For every sheep lamb pig or goat... ws os For every carriage on springs with two wheels For every carriage on springs with four wheels... one For every vehicle with two wheels without springs wee Omer osoocoo"' OROSCHHRan For every vehicle with four wheels without springs Unbroken horses in drove .. No double toll to be charged on Sunday nor shall the above tolls 'be demandable more than onee a day. ANNO