New South Wales: Toronto Tramway Act of 1889 53 Vic (NSW)

Torosto Taaswar. AT) Act to authorize the construction and Preamble, Authority to con- struct tramway, maintenance of a Tramway from the Plat- form or Station known as Fassifern, on the Government Line of Railway from Sydney to Newcastle, and the Toronto Estate at Lake Macquarie. [10th October, 1889. | Vy ee AS the "Excelsior Land Investment and Building Com- pany and Bank (Limited)," being a joint stock company duly registered and incorporated under and in accordance with the provisions of the "Companies Act" (hereinafter called the said Company), is possessed of and entitled to an estate called 'Toronto, consisting of over one thousand acres of land, at Lake Macquarie, in the parish of Awaba, in the county of Northumberland, in the Colony of New South Wales. And whereas such land is situated near to the platform or station known as Fassifern on the Government line of railway between Sydney and Newcastle, known as the ILomebush-Waratah Line. And whereas it is desirable that a better mode of access from and to the said platform or station and the Company's land at Toronto should be provided for the residents, visitors, excursionists, and others. And whereas the said Company is desirous of constructing a tramway from the said Toronto Estate and connecting with the'said platform or station known as Fassifern, through certain lands the property of the said Company as particularly set forth in the Schedule hereto, and also through lands believed to be the property of the Crown and of certain private persons, and the same therefore cannot he made without Legislative authority. And whereas the increased facilities of communication and traffic which would result from the construction of the said proposed tramway would be for the public convenience and benefit. And it is desirable to authorize by Legislative enactment the construction and maintenance of the said proposed tramway, subject to the provisions hereinafter contained. Be it therefore enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and Legislative Assembly of New South Wales in Parliament asscmbled, and by the authority of the same, as follows :— 1. It shall, be lawful for the said Company on the terms and conditions and subject to the provisions and other enactments hereinafter contained to make and construct such tramway with such loop- 1889. 53° VIC. Toronto Tramway. loop-lines and sidings as may be required for the safe and convenient working and use of the said tramway, and from time to time to alter and repair the same for conveying passengers and their luggage, merchandise, goods, coal, timber, and other material to and from a point on the line of railway from Sydney to Newcastle, known as the Home- bush-Waratah Line, at or near the platform or station designated Fassifern, within the parish of Awaba, and thence by the lines deseribed. in the Schedule to this Act to the Toronto Estate, and to such portions of the Toronto Estate as may hereafter be determined. And also to effect, if necessary, a junction between the said line of tramway and the said line of railway from Sydney to Newcastle, and to take and use so much of the said Crown Lands, or strects, or roadways, and so much of the lands of private persons, which are mentioned in the said Schedule, as the said Company may require, but so that the same shall not occupy in any part of the said road or street a greater space in width than' ten feet, or in the said private or Crow n Lands a greater space in breadth than thirty-three feet, including the support and foundations thereof; provided that the said tramway shall be con- structed in a proper and workmanlike manner, and be brought into use within two years from the passing of this Act. Provided always that the gauge of the said tramway shall be four fect cight and a half inches. 2. Such lands as shall be required shall be taken under the provisions of this Act for the purpose of the said tramway, together with such right of ingress, egress, and regress upon the adjacent land as may be necessary for 'the making and repair thereof, and shall be vested by Virtue of this Act and without the necessity of any conveyance to the said Company for the purposes of the said tramway. Provided that no lands vested in the Railway Commissioners of New South Wales shall by virtue of this Act be vested in the said Company. Provided also that nothing herein contained shall prevent the owners of such adjacent lands from carrying on any mining operations under- neath the said tramway which shall not interfere with the safety of the said tramway and the traffic thereon. And the said Company shall have no further right to the soil of the said lands hencath the surface than shall be requisite for the formation, support, and repair of the said tramway by cutting, embanking, or otherwise. Provided also that if in the exercise "of the pow ers hereby granted it be found necessary to cross, cut through, raise, sink, or use any part of any road, whether carriage-road or horse- road, so as to render it impassable for or dangcrous or inconvenient to the persons entitled to the use thereof, the said Company shall before the commencement of any such operations cause a sufficient road to be made instead of any road interfered with, and shall, at its own expense, maintain such substituted road in a state as convenient as the road interfered with, or as nearly as may be; and the said Company, before the said lands of the said owners of land respectively and the said Crown Land shall be used for any of the purposes aforesaid, shall, if required so to do, separate the same by a sufficient fence from the land adjoining thereto with such gates as may be required for the convenient occupation of such land, 'and shall also, to all private roads used by them as aforesaid, put up fences and gates in like manner in all cases where the same may be necessary to prevent the straying of cattle and horses from or upon the lands traversed by such roads. And shall also make and at its own expense maintain such and so many convenient bridges, arches, culverts, and passages over, under, or by the sides of, or leading to or from the tramway as may he necessary for the purpose of making good any interruptions caused by the tramway to the use of the lands through which the tramway shall be made, aid such works shall be made forthwith after the part of the tramway passing over euch Power to effect junction with railway. Entry upon street &e, Maximum width of lands taken for tramway. Gauge. Lands taken to be vested in Company without conveyance. Owners may mine. Before roads inter- fered with others to be substituted. w orks for benefit of owners, To fence where necessary. Gates, Bridges, &e, Drains, &e. Differences as to necessity of gates, &e., how to be ecttled. Tramway to be open to public use, Fares, charges, &c. No differential ratos. Maintenance of roads, Damage done to roads to be made good, 58° VIC. 1889. Toronto T rcmweay. such lands shall have been laid out or formed, or during the formation thereof. Also all necessary arches, tunnels, culverts, drains, or other passages, either over, under, or by the sides of the tramway, 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 tramway as before the 'making of the tram ay, or as nearly so as may be, and such work shall be made from time to time as the tramway works procecd. Provided always that the said Company, their successors and assigns, shall not be required to make such accom- modation works in such a manner as would prevent or obstruct the working or using of the tramway, nor to make any accommodation works with respect to which the owners and occupiers of the land shall have agreed to reecive and shall have been paid compensa- tion. And in case of any difference between the owners or occupiers of such roads and lands and the said Company, as to the necessity for such fenees and gates, bridges, arches, culverts, and passages, tunnels, drains, or other passages, such fenecs and gates shall be putup, and such bridges, arches, culverts, and passages, tunnels, drains, or other passages made by the said Company as any two Justices of the Peace shall deem necessary for the purposes aforesaid on application being made to them. 3. 'The said tramway shall be open to public use upon the pay- ment of the tolls and charges following, that is to say :— The said tramway shall be divided into sections of a mile in length, commencing from cach terminus, which sections shall be clearly defined by posts painted white ; and the fare for cach passenger shall not execed fourpence per section or any part thereof for the first two years after the said tramway shall have been opened for traflic ; and thereafter shall not execed threepence per section or any part thereof. For parcels (passengers' personal luggage not exceeding sixty pounds in weight excepted) under one hundred weight Six- penee each. For general goods a sum not exceeding one shilling and sixpence per ton per mile or portion of a mile (exclusive of the expense of loading and unloading). For carriage (when practicable) of live stock a sum not execeding sixpence per head per mile each way or portion of each way (exclusive of the expense of loading or discharging). Provided that no diiferential charees shall be made, but that the charges shall be equal to all parties using the irammway. 4. The said Company, their successors and assigns, shall main- tain in perfect order and repair the said tramway where the same shall intersect or traverse all roads or streets, and the pavement. of the same between the rails of the said tramway, and for the space of one foot six inches on cach side of such rails where uceessary, and furthermore, shall crect and maintain all necessary causeways in connection with the sud tramway. Tf in the course of making the said tramway the said Com- pany shal use or interfere with any oad, they shall from time to time make good all damages done by them to such voad, and if any question shall arise as to the damage done to any such road by the said Company, or as to the repair thereof by them, such question shall be referred to the determination of two Justices; and such Justices may direct such repairs to be made upon such road in respect of damage done by the said Company, and within such period as they may deem reasonable, and may impose on the said Company, for not carrying into effect such directions, any penalty not exceeding five pounds as to such Justices shall scem fit; and any such penalty shall be paid to the surveyor or other 1889. 53° VIC. 81 Toronto Tramway. other person having the management of the road interfered with by the said Company, if a public road, and be applied for the purposes of such road, and if a private road the same shall be paid to the owner thereof. Provided always that the said Justices shall have regard to, and make full allowance for, any tolls that may have been paid by the said Company on such road in the course of using the same. G6. Lf the said tramway shall cross any public highway or parish To crect gates at road on a level, the said Company shall, where necessary, erect good level crossings. and sufficient gates across the said tramway, on each side of such road, where the same shall communieate therewith, and such gates shall be kept constantly closed across the said tramway, or both "sides of such road, except when engines or carriages or other vehicles passing along the said tramway shall have occasion to cross such road; and such gates shall be of such dimensions and so constructed as when closed to fence in the said tramway and prevent horses and cattle passing along such road from entering upon the said tramway as aforesaid, and Penalty for Com- if any person omit to shut and fasten any such gates so soon as he and pang' servants | the engine, carriages, or vehicles under his charge shall have passed gates. sues through the same, he shall, on conviction thereof before any two Fustices, forfeit and pay the sum of forty shillings. 7. It shall be lawful for the said 'Company; their successors and Authority to employ assigns, subject as aforesaid, to use and employ locomotive engines or locomotive engines, . . carriages, and other other moving power, and carriages and waggons to be drawn or pro- locomotive powers, a5 pelled thereby, and to carry and convey upon the said tramway all such passengers and goods as shall be offered for that purpose, and to charge the tolls and charges in respect thereof as above specified. 8. 'The said Commissioners shall at all times hereafter upon Running powersto twelve hours notice in writing to the said Company, their successors {re pommissioners and assigns, have the right fo run such locomotives, carriages, and » trucks, whether loaded or * unloaded, on and along the said tramway, and for such period or periods, or at such time or times as the said Commissioners shall in the said notice specify. Provided always that the said Commissioners shall pay to the said Company, their successors or assigns, such rates or tolls for the exercise of such rights as afore- said, as the Governor, with the advice of the Executive Council, shall trom time to time determine. 9. The said Company, their successors or assigns, shall be Liability of carriors, responsible for all injurics caused by the improper or negligent con- struction, maintenance, or working of the said tramway, and all claims in respect of such negligence or "improper conduct may be enforced against the said Company, their successors or assigns. Provided that the damages which may be recovered against the said Company, their successors or assigns, in respect of any such claim, shall, in addition toall other remedies for their recovery, be a first charge upon the tolls, fares, or charges charged for the carriage of passengers and goods on the said tramway, and upon all property used in and upon and necessary for the working of the said tramway. 10. The tolls shall he paid to such persons and at such places Toll, when, where, upon or near to the tramway, and in such manner, and under such regula- pei whom to bo tions, as the said Company, their successors or assigns, shall appoint. 11. If any person omit to shut and fasten any gates set up at Penalty on public cither side of the said tramway for the accommodation of the owners gates" to shut or occupiers of the adjoining lands, so soon as he and the carriage, cattle, or other animals under his care have passed through the same, he shall, for every such offence (upon conviction thereof before any {wo Justices) forfeit and pay any sum not exceeding five pounds. 12. The said Company shall not be entitled to any mines of Company not entitied coal, i iron, slate or other minerals under any land whereof the surface is to minerals, vested in them by virtue of this Act, except only such parts thereof as shall Compensation to be settled by arbitration, Proceedings in case of disability of arbitrator. Appointment of umpire. Neglect to appoint umpire. 53° VIC. 1889. Toronto Tramway. shall be necessary to be dug or carried away in the construction of the works hereby authorized, and such mines shall not be deemed to vest in the said Company. 13. If within twenty-eight days of the passing of this Act the said persons through whose land the tramway shall pass, or any of them and the said Company shall not agree as to the amount of com- pensation to be paid by them for the said lands belonging to the said parties, or any of them, or for any damage that may be sustained by them or him, 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), unless both parties concur in the appoint- ment of a single arbitrator, cach party on the request of the other shall nominate and appoint an arbitrator to whom such dispute or other matter shall be referred ; and any appointment of an arbitrator shall be under the common seal of the said Company, and under the hand of such person or persons respectively ; and such appointment 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 either party operate as a revocation; and if for the space of fourteen days after such dispute or other 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 shall fail to appoint such arbitrator, then upon such failure it shall be lawful for the Attorney- General for the time being of the said Colony, on the application of the party who has himself appointed an arbitrator, to appoint such arbi- trator to act on behalf of both parties, and such arbitrator may proceed to hear and determine the matters which shall be in dispute, and in such case the award or determination of such single arbitrator shall be final and conclusive. 14. If before the matter so referred shall be determined any arbitrator appointed by either party shall die, or become incapable, or 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 that purpose he fail to do so, the remaining or other arbitrator may proceed alone ; and every arbitrator so to be substituted as aforesaid shall have the same powers and authoritics as were vested in the former arbitrator at the time of such his death, refusal, neglect, or disability as aforesaid. 15. Where more than one arbitrator shall have been appointed, such arbitrators shall, b:fore they enter upon the matters referred to them, nominate and appoint in 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 unipire shall die, or refuse, or for seven days neglect to act after being called upon so to do by the arbitrators or either of them, they shall forthwith after such death, refusal, or neglect, appoint another umpire in his place, and the decision of every such umpire upon the matters so referred to him shall be final. 16. If in either of the cases aforesaid the arbitrators shall refuse or for seven days after request of cither party to such arbitrators neglect to appoint an umpire, it shall be lawful for the Attorney-General for the time being, on the application of cither party to such arbitration to appoint an umpire, and the decision of such wupire on the matters on which the arbitrators differ or which shall be referred to him wider this Act shall be final. 17. 1889. 53° VIC. 83 Toronto Tramway. 17. If, when a single arbitrator shall have been appointed, such In caso of disability arbitrator shall die or become incapable, or shall refuse, or for fourteen ° "isle arbitrator. days neglect to act before he shall have made his award, the 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. : 18. If, when more than one arbitrator shall have been appointed, Arbitrators failing to and when neither of them shall die, become incapable, refuse, or neglect mate thelr award, to act as aforesaid, such arbitrators shall fail to make their award within to umpire. fourteen days after the day on which the last of such arbitrators shall have been appointed, or within such extended term (if any) as shall have been 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. 19. The said arbitrator or arbitrators, or his or their umpire, arbitrators may may call for the production of any documents in the possession or order production power of either party, which they or he may think necessary for °°" "* determining the questions in dispute, and may examine the partics or their witnesses on oath, and administer the oaths necessary for that purpose. 20. Before any arbitrator or umpire shall enter upon the con- Declaration by arbi- sideration of any matter referred to him he shall, in the presence of a tors or umpire, 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 to me under the provisions of the "Toronto Tramway Act." Made and subscribed in the presence of C.D. 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. 21. All the costs of any such arbitration and incident thereto Costs of arbitration, shall be in the discretion of the arbitrators, and the costs of the arbi- >" t be bome. trators shall be borne by the parties in equal proportions, unless the amount awarded shall be one-fourth less than the amount which shall have been offered by the said Company, in which case the whole costs of the arbitration, and also the costs of and incident to the said arbi- tration, shall be paid by the claimant. Provided that, if either party Costs may be taxed. shall be dissatisfied with the costs allowed by the said arbitrators as aforesaid, the costs may he taxed by the Prothonotary or other proper officer of the Supreme Court, and the amount alowed by such officer shall be the amount of costs to be paid. 22. The arbitrator, arbitrators, or umpire shall deliver their or Arbitrators or um- his award in writing to the said Company, who shall retain the same, Poona award and shall forthwith, 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 Dy Compensation to be such party or any person appointed by hin for that purpose, and the ae witee pablo. amount awarded shall be paid within sixty days after the publication tion of award. of the award. 23. The submission to any such arbitration may be made a rule gubmission may be of the Supreme Court on the application of cither of the parties. made a rule of upreme Court. 24. No award made with respect to any question referred to Award not to be set arbitration under the provisions of this Act, shall be set aside fox side for irregularity, irregularity or crror in matter of form, 25. Compensation in case of negligence. Compensation in cases of temporary possession, Proceedings in absence of owner. Justices to appoint surveyor in certain cases. Declaration by surveyor, 53° VIC. 1889. Toronto Tramway YY. 25. The said Company shall make compensation and _ satisfac- tion, to be asccrtained and recovered in case of difference 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 to the owners and occupicrs of the lands through which the said tramway shall pass by the non- performance or negligent performance by the said Company of any of the matters or things hereby required or authorized to be performed by them. 26. In every case where the said Company shall take temporary possession of lands by virtue of the powers hereby granted it shall be incumbent on them within three months after entry upon such land, upon being required so to do, to pay to the occupicr of the said lands the value of : any crop or dressing that may be thercon and damaged or injured by such entry, as well as full compensation for any "other damage of a temporary nature which he may sustain by reason of such entry, and shall also, from time to time during their occupation of the said lands, pay half-yearly to such occupier or to the owner of the lands, as the case may require, a rent to be fixed by two Justices in case the parties differ; and shall also, within twelve months after such entry, pay to such owners and occupiers, or deposit in the bank for the benefit of all parties interested, as the case may require, compensation for all permanent or other loss, damage, or injury that may have heen sustained by them by reason of the exercise as regards the said lands of the powers hereby granted, including the full value of all clay, stone, gravel, sand, and 'other things taken from such lands. 27. If the owner of any lands required to be taken for the construction of the said tramway is absent from the Colony, or cannot upon diligent inquiry be found, or is under disability, or if any such lands are vested in persons who have respectively only limited or qualified interests therein, and who cannot enter into binding agreements with the said Company for the purchase of such lands or join in submitting their claims for compensation to arbitration as hereinbefore provided, the purchase money or compensation payable by the said Company in respect of such lands shall be determinec by the valuation of a surveyor, to be nominated as hercinafter mentioned. 28. Upon application by the said Company to two Justices, and upon such proof as may be satisfactory to them that there is no person in the Colony or to be found who can enter into a binding contract with the said Company or join with the said Company in submitting his claims for compensation to arbitration in respect of any lands required to be taken for the construction of the said tramway, such Justices shall by writing under their hands nominate an able practical surveyor for determining such compensation as aforesaid, and such surveyor shall determine the same accordingly, and shall annex to his valuation a declaration in writing subscribed by him of the correctness thereof. 29. Before such surveyor shall enter upon the duty of making such valuation as aforesaid he shall in the presence of such Justices or one of them make and subscribe the following declaration at the foot of such nomination, that is to say— I, A.B. do solemnly and sincerely declare that I will faithfully, impartially, and honestly, according to the best of my skill and ability, execute the duty of making the valuation hereby referred to me A.B. Made and subscribed in the presence of And if any such surveyor shall corruptly make such declaration, or having made such declaration, shall wilfully act contrary thereto, he shall be euilty of a misdemeanour. 30. 1889. 53° VIC. 85 Toronto Tramway. 30. The said nomination and declaration shall be annexed to Production of the valuation to be made by such surveyor, and shall be preserved valuation, &e, together therewith by the suid Company, and they shall at all times produce the said valuation and documents on demand to all partics interested in the lands comprised in such valuation. 31. All the expenses of and incident to any such valuation Costs of valuation shail be borne by the said Company. how borne. 32. If the amount of compensation determined by any such Compensation not surveyor does not exceed the sum of fifty pounds, it shall, exeept i in exceeding £50) how the cases where the owner is absent from the Colony or cannot he found, be paid by the said Company to the person or persons for the time being entitled to the rents and profits of lands in respect whereof the same shall be payable for their own use and benefit, or in case of the ecoverture, infancy, idiotey, lunacy, or other ineapacity of any such persons, then such moncy shall be paid for their use to their respective husbands, guardians, committees, or trustees of such persons. 33. If the amount of compensation determined by any such Compensation, how surveyor as aforesaid execeds the sum of fifty pounds, or in the cases dealt with im absence where the owner is absent from the Colony or cannot be found, whether it exceeds the sum of fifty pounds or not, it shall be paid by the saic Compuny into the hands of the Master in Equity of the Supreme Court in the matter of this Act, in trust for the partics interested in the lands in respeet of which it is paid in, and a certificate from the Master of the fact of the money being so paid in shall be a sufficien discharge to the said Company for the money so paid. Provided that all moneys so paid in shall be dealt with by the Supreme Court in the same manner in all respects as moneys paid in under an Act passed in the twenty-first year of the rcign of ILer present Majesty, and entitle " An Act for better securing Trust Funds, and for the relief of Trustees." And shall be subject, in all respects, to the provisions of the said Act, and all rules of the said Court made thereunder. 3.4. Nothing in this Act contained shall be deemed to authorize Not to interfere with the said Company "to take or enter upon any land belonging to the ™"y- said Commissioners, or to altcr or to interfere with the Great Norther n Railway, or any of the works thereof, further or otherwise than is necessary for making the junction and inter-communication between the said railway and tramway, without the previous consent, in writing in every instance, of the said Commissioners. 35. The said Commissioners shall from time to time, at the ex- Erection of signals, pense of the Company, erect such signals and conveniences incident to &e the junction cither upon their own lands or on the lands of the Com- pany, and may from time to time appoint and remove such watchmen, switchmen, or other persons as may be necessary for the prevention of danger io or interference with, the traffic at or near the junction. The working and management of such signals and conye- Management of nionees wherever situate, shall beunder the exclusive yegulation of the said Commissioners. 37. It shall be lawful for the said Company, their successors or Power to make assigns, from time to time, subject to the provisions and restrictions in ¥"™* this Act contained, to make regulations or by-laws for the following purposes, that is to say— For regulating the times of the arrival and departure of the waggons and carriages, and the number of persons limited to be carried therein respectively. For regulating the loading or unloading of such waggons and carriages. For preventing the smoking of tobacco and the commission of any nuisance in or upon such wagons or carriages, or any of the tram- way stations, waiting rooms, or premises, and gencrally for regulating? the travelling upon, or using, and working the said Publication of by-laws. Penalties under by-laws ; 53° VIC. 1889. Toronto Tramway. said tramway, and the maintenance of good order, and for regulating the conduct of the tramway officers and ser vants, and for providing for the due management of the said tram- way, and the protection thereof, and the waggons and car- riages, and waiting rooms, offices, and premises from trespass and i injury. Provided that Sach by-laws be not repugnant to the laws of the Colony or to the provisions of this Act. And the substance of such by-laws shall be painted on boards, or printed on paper and affixed to boards and places, and maintained in a legible state in some con- spicuous part of every station or place of business occupicd or used in connection with the tramway, according to the nature and subject matter of such by-laws, so that notice thereof may be given to all parties affected thereby, and no penalty imposed by any such by-law shall be recoverable unless the same shall have been published. and kept published as aforesaid. And such by-laws shall specify penalties, which shall in no case exceed the sum of ten pounds, and may be proceeded for and recoverable under the provisions of the Act eleventh and twelfth Victoria chapter forty-three. Provided always that such by-laws must be first approved of by the Governor with the advice to be approved of by Of the Executive Council. Provided always that the said Company, the Governor ; to be binding on all parties, Evidence of by-laws. Railway Commis- sioners may appoint inspectors, Powers of inspectors. Accidents. their successors and assigns, or their employés or servants shall, when using or when upon the premises of the said railway, be liable anc subject to the railway by-laws. 38. The production of a copy of the New South Wales Govern- ment Gazette containing such by-laws shall be sufficient evidence of such by-laws in all proceedings under the same. 39. Thesaid Commissioners may from time to time appoint « any person to be inspector, for the purpose of inspecting the railway and of making any inquiry with respect to the condition of the w orks, or into the cause of any accident, provided that no person so appointed shal exercise any powers of interference in the affairs of the Company. 40. Every Inspector under this Act shall, for the purpose of any inspection or inquiry which he is directed by the said Com- missioners to make or conduct, have the following powers, that is to say :— (1) He may enter and inspect the tramway and all the stations, works, buildings, offices, stock, plant, and machinery belone- ing threto. (11) He may, by summons under his hand, require the attendance of any person who is engaged in the management, service, or employment of the Company, and whom he thinks fit to call before him and examine for the said purpose, and may require answers or returns to such inquiries for the said purpose as he thinks fit to make. (11) He may require and enforce the production of all books, papers, and documents of the Company which he considers important for the said purpose. 41. Where, in or about the tramway, or any of the works or buildings connected with such tramway, or any building or place, whether open or enclosed in connection with such tramway, any of the following accidents take place in the course of working, that is to say :— (1) Any accident attended with loss of life or personal injury to any person whomsoever. (ir) Any collision where one of the trains i is a passenger train. (i111) Any passenger train, or any part of a passenger train, accidentally leaving the rails. (xv) 1889. 53° VIC. Toronto Tramway. (tv) Any accident of a kind not comprised in the foregoing descriptions, but which is of sucha kind as to have caused, or to be likely to cause, loss of life or personal injury, and which may be specified in that behalf by any order to be made from time to time by the said Commissioners. The Company working such tramway shall send notice of such accident, and of the loss of life or personal injury (if any) occasioned thereby, to the said Commissioners. 42. Such notice shall be in such form and shall contain such particulars as the said Commissioners may from time to time direct, and shall be sent by the carliest practicable post after the accident takes place. 43. The said Commissioners may from time to time, by order, direct that notice of any class of accidents shall be scent to them by telegraph, and may revoke any such order. While such order is in force notice of every accident of the class to which the order relates shall be sent to the said Commissioners by telegraph immediately after the accident takes place. Failure to comply with the provisions of this section shall render the Company liable for each offence to a penalty not exceeding twenty pounds. 44, At any time the Governor, with the advice aforesaid, may, if he think fit, purchase such tramway upon giving to the said Company three months notice in writing of his intention to do so. If the amount tendered for the purchase of the property be considered inadequate by the Company, the amounts shall be ascertained by assessment in terms of the " Public Lands Acquisition Act." 45. Before commencing the said tramway by this Act authorized to be made, the said Company, their successors and assigns, shall by some qualified engineer by them to be appointed, cause to be made and taken levels and surveys of the private lands through which such tramway is to be carricd, together with a map or plan of the line of the said tramway, and of the lands through which it is to pass, and a book of reference in which shall be set forth a description of the said several lands, and the names of the proprietors thereof, so far as the same shall be known, or can, with reasonable diligence, be ascertained, setting forth the bearings of such tramway, as the case may require, and the nature and quality, state of cultivation, and enclosures (if any), and the quantity of such land which may be required for the purpose of making such tramway. And the said map or plan and book of reference shall be kept at some convenient. office at Toronto, and truce 'copies thereof, signed by the manager of the said Company, for the time being, shall be deposited with Clerk of Petty Sessions at Waratah aforesaid ; and such map or plan or book of reference, and such copies thereof respectively, shall be opened at all convenient times for public examination. 46. No advantage shall be taken of or against the said Company, their successors and assigns, or any interruption be given to the making of such tramway or other works on account of any omission, misstate- ment, or erroneous description in the book of reference ; but it shall be lawful for the said Company, their successors and assigns, by themselves, their agents, officers, surveyors, servants, and workmen, to enter into and upon, and to take and use for the purpose of this Act any lands or grounds set out and described in the said map or plan, notwithstanding any such omission, misstatement, or erroneous description, in case it shall appear to any two Justices acting for the district or place in which such lands or grounds shall be situated, and be certified by writing under their hands, that such error or omission proceeds from mistake and not from fraud. 47. Form of notice of accident. Notice of certain accidents to be sent by telegraph. Power of purchase of railway by Government. Before commencing tramway survey to be made and book of reference. Map and book of reference to be open for public inspection. Omission in book of reference not to impede making the tramway, &c. 88 53° VIC. 1889. Toronto Tramway. Service of notices on 47. All notices required to be served by the said Company, owners of lands. their sueecssors and assigns, upon the partics interested in or entitled to sell any such lands, shall either be served personally on such parties or left at their last usual place of abode (if any such can after diligent inquiry be found), and in case any such parties shall be absent from the Colony, or cannot be found after diligent inquiry, shall be left with the occupier of such lands, or if there be no such occupier, shall be affixed upon some conspicuous part of such lands. Recovery of 48. All penalties and forfeitures imposed under this Act or any penalties. by-laws or regulations made in pursuance thereof shall be recoverable in a summary way before a Stipendiary or Police Magistrate or any two Justices of the Peace. Bhort title. 49. This Act may be cited as the "Toronto Tramway Act of 1889." SCHEDULE. All those several portions of land described hereafter, situate in the parish of Awaba, county of Cumberland, Colony of New South Wales: Commencing at a point on the eastern side of the Great Northern Railway, at cighty-seven miles fifty-two chains, being about one and «half chains north of the Fassifern Railway Station, and bearing thence south-casterly about nine chains ten links along a Government road; thence through Government reserve one hundred and five bearing south-easterly and easterly about fifteen chains seventy-five links ; thence easterly across Wangi Road one chain ; thence easterly through lots two, three, and four, section D, of Lorne Township (private township, the property of the " Excelsior Land Investment and Building Company and Bank, Limited"), six chains ; thence south-easterly across Awaba-street about one chain fifty links; thence bearing southerly through lot twenty-three, section D, township of Lorne (the property of the Excelsior Building Company), two chains fifty links, across a Jane twenty links, through lot fourteen, section D, township of Lorne (the property of the Excelsior Building Compaty), two chains fifty links, across Tevalba-street one chain, and along Mellie-street about eleven chains fifty links, and across Narara-street one chain ; thence southerly, south-westerly, and southerly throngh Government reserve forty-cight about thirty-cight chains twenty links ; thence southerly along a Government road about three chains fifty links; thence south-easterly through portion fifteen, parish of Awaba, about twenty-two chains eighty links ; thence southerly across a Government road one chain ; thence south-easterly through portion four, parish of Awaba (the property of the Excelsior Building Company), about thirty-seven chains twenty links; thence south- easterly across Stony Creek two chains eighty links ; thence south-easterly through Toronto Estate (the property of the Excelsior Building Company) about eightcen chains eighty links, across Cary and Bath Streets about one chain seventy links, through the hotel reserve, Toronto Estate, about twenty-eight chains sixty links, and across Toronto Boule- varde about one chain seventy-five links, being the present terminus, and opposite the Toronto Pier, a total distance of about two miles for ty-cight and a half chains. ee