New South Wales: Willoughby and Gordon Tramway Act Amending Act 54 Vic (NSW)

WILLovUGHBY AND Gorpon Tramway Act AMENDING, Preamble. An Act to amend the "Willoughby and Gordon Tramway Act of 1887." [17th September, 1890.] THEREAS by the "Willoughby and Gordon Tramway Act of 1887," Andrew Armstrong and James Alexander Brown, both therein described, their heirs, executors, administrators, or assigns, were authorised upon the conditions and terms therein contained to construct, subject to the liabilities therein imposed, a tramway for con- veying passengers and their luggage and other goods and merchandise on the line in the said Act more particularly described, provided that the said tramway should be constructed and brought into use within three years from the passing of the Act. And whereas the " North Sydney Investment and Tramway Company (Limited)," being a joint stock company, duly registered and incorporated under and in accord- ance with the provisions of the '' Companies Act" (hereinafter called "the said Company'), is possessed of and entitled to an estate con- sisting of over one thousand acres of land in the parish of Willoughby, county of Cumberland, in the Colony of New South Wales. And whereas the said Andrew Armstrong and James Alexander Brown, by a certain indenture, dated the sixteenth day of October, one thousand cight hundred and ecighty-cight, duly assigned and transferred to the said Company , its successors and. assigns, all the authority then vested i in the said Andrew Armstrong and James Alexander Brown to construct the tramway specified in the said " Willoughby and Gordon Tramway Act of 1887," and all and singular the benefits, privileges, and advantages arising out of or to he derived from the said Act of Parliament and the said Ty ramway. And whereas the said Company have, 1890. 54 VIC. Willoughby and Gordon Tramway Act Amending. have, under the authority of the said Act, constructed a portion of the said tramway, namely, from the terminal point of the Saint Leonards cable tramway to Amherst-strect. And whereas the said Company are now erccting in connection with the said tramway a bridge across Long Bay, and it is considered that the route specified in the "said Act is difficult of formation, and upon survey it is found to be inexpedient to carry out the same, and the said Company are desirous of deviating from such route, and to construct the said tramway along the route hereinafter described and set forth, passing through certain Jands the property of the said Company, and also along and across certain strects and roadways in the town and Municipality of Saint Leonards, and in the Municipality of North Willoughby, and through certain private lands, which lands, streets, and roadways are more particularly hereinafter described, and such deviation and construction cannot be made without Legislative authority. And whercas it is desirable to extend the time within which the said tramway is to be constructed and brought into usc. Be it therefore enacted by the Queen's Most Excellent 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. The first section and the Schedule of the Principal Act are hereby repealed except as to the line between the terminal point of the Saint Leonards cable tramway and Amherst-street, and in licu of the first section and the said Schedule, the third section of this Act and the Schedule hereto shall be read in substitution thereof. 2. It shall be lawful for the said Company on the terms and conditions and subject to the provisions and other enactments in the said Principal Act and hereinafter contained to deviate from the route of the said tramway as described in the said principal Act and in licu thereof to make and construct such tramway with such loop lines, branch 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 the said terminal point 'of the Saint Leonards Cable Tramway, or from a point in Amherst-strect, and thence by the lines described in the Schedule to this Act to the termi- nation at a point in the Cammeray estate, near the junctionof the Teralba Roadand the Warrane Road inthe municipality of North Willoughby, and along the branch lines described in Schedule B, C, and D to this Act, and to such portions of the Company's estate as may hereafter be determined, * and to take and use so much of the streets 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 street or roadway a greater space in width than twenty-two feet, including the support and foundations thereof, or in the said private lands a greater space in breadth than twenty-two fect including the support and foundations thereof ; provided that the said tramway, shall be constructed in a proper and workmanlike manner, and be brought into use within three years from the passing of this Act, and the: said branch lines mentioned in Schedule B, C, and D to this Act, within five years from the passing hereof. Provided further that in the event of the said tramway and branch lines not being con- structed within the times lastly heforementioned, then all the powers and privileges granted by this Act shall cease and determine. 3. 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 Repeal of the first section and Schedule of the principal Act, except as to certain parts. Authority to deviate from route and to construct tramway. entry upon street, Maximum width of lands taken for tramway. Lands taken to be vested in Company without conveyance, Owners may mine. Before rounds interfered with others to be substituted. Works for benefit of before the said lands of the said owners of land res owners, To fence where necessary. Gates, Bridges, &e. Drains, &e. Differences as to necessity of gates, &c., how to be settled. Entry in case of accidents, 54 VIC. Willoughby 'and Gordon Tr amuoay ; Ack Amending. 1890. 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 beneath 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 powers hereby granted it be found necessary to cross, cut through, raise, sink, or use any part of any street, or roadway, whether carriage-road or horse-road, so as to render it impassable for or dangerous or inconvenient to the persons entitled to the use thereof, the "said Company shall before the com- mencement of any such operations cause a sufficient road to be made instead of any street or roadway 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, pectively 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 thercto 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 afore- said, 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 be necessary for the purpose of making good any interruptions caused by the tramway to the use of the lands, strects, or roads through which the tramway shall be made, and such works shall be made forthwith after the part of the tramway passing over such lands, streets, or roads shall have been laid out or formed, or during the formation thereof. Also all necessary arches, tunnels, cul- verts, 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, streets, or roads lying near or affected by the tramway, as before the making of the tramway, or as nearly so as may be, and such work shall he made from time to time as the tramway works proceed. Provided always that the said Company and their 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 reccive and shall have been paid compensation. 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 fences and gates, bridges, arches, culverts, and passages, tunnels, drains, or other passages, such fences and gates shall be put up, 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. In ease of accidents or slips happening or being apprehended to the cuttings embankments, or other works of the said tramw: ay, it shall be lawful for the Company, and their workmen and servants, to enter upon the land adjoining thereto at any time whatsoever, for the purpose of repairing or preventing such accidents, and to do such works as may be necessary for the purpose. Provided also that such works 1890. 54° VIC. Willoughby and Gordon Tramway Act Amending. works shall be as little injurious to the said adjoining lands as the nature of the accident or apprehended accident will admit of, and shall be executed with all possible despatch, and full compensation shall be made to the owners and occupiers of such lands for the loss, injury, or inconvenience sustained by them respectively by reason of such works, the amount of which compensation in case of any dispute about the same shall be settled by arbitrators in manner hereinafter mentioned. And provided also that no land shall be taken permanently for any such works otherwise than is herein provided with respect to the lands originally taken for the purpose of making the said tramway. 5. The said Company shall not be entitled to any mines of coal, iron, slate, or other mincrals under any lands whereof the surface is vested in them by virtue of this Act, execpt only such parts thercof as shall he 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. G6. If within twenty-cight days of the passing of this Act the said persons through whose land the tramway shall pass, or any of them, ani the said Company shall not agree as to the amount of compensation 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 exccution of the works, or if any other question as to compensation shall arisc under this Act, the amount of such compensa- tion shall be settled by arbitrators in manner hereinafter mentioned (that is to say); unless both parties concur in the appointment of a single arbitrator, cach party on 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 scal 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 Jlast- mentioned 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 arbitrator 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. 7. If before the matter so referred shall be determined any arbitrator appointed by cither 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 authorities as were vested in the former arbitrator at the time of such his death, refusal, neglect, or disability as aforesaid. 8. Where more than one arbitrator shall have been appointed, such arbitrators shall, before they enter apon the matters referred fo them, nominate and appoint in writing under their hands an umpire, to Company not. enti- tled to minerals. Compensation to be settled by arbitration, Proceedings in case of disability of arbitrator, Appointment of umpire, Neglect to appoint umpire, In case of disability of single arbitrator. Arbitrators failing to make tlicir award, matters referred to umpire. Arbitrators may order production of documents, &e. Declaration by arbitrators or umpire. Costs of arbilration, how to be borne. Costs may be taxed, Arbitrators or unipire to deliver award to Company, of VIC. 'Willoughd y and Gordon Tramway Act Amending. 1890. to decide « any matters on which they shall differ, or which shall be referred to them under the provisions of this Act, and if such umpire shall dic, or refuse, or for seven days neglect to act after being called upon so to do by the arbitrators or cither 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. 9, If in either of the cases aforesaid the arbitrators shall refuse or for seven days alter 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 umpire on the matters on which the arbitrators differ or which shall be referred to him under this Act shall be final. 10. If, when a single arbitrator shall have heen appointed, such arbitrator shall die or become incapable, or shall refuse, or for fourteen days neglect to act before he shail 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. 11. If, when more than one arbitrator shall have been appointed, and when neither of them shall die, become incapable, refuse, or neglect to act as aforesaid, such arbitrators shall fail to make their award within fourteen days after the dav on which the last of such arbitrators shall have been appointed, or within such extended term Gf 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 he appointed as aforesaid. 12. The said arbitrator or arbitrators, or his or their umpire, may call for the production of any documents in the possession or power of either party, w hich they or he may think necessary for deter- mining the questions in dispute, and may examine the parties or their witnesses on oath, and administer the oaths necessar y for that purpose. 13. Before any arbitrator or umpire shall enter upon the con- sideration of any matter referred to him he shall, in the presence of a Justice of the Peace, make and subseribe 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 deternine the matters referred to me under the provisions of the * Willoughby and Gordon Tramway mending 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, 1f. All the costs of any such arbitration and incident thereto shall be in the discretion of the arbitrators. Provided that, if cither party shall be dissatisfied with the costs allowed by the said arbitrators as aforesaid, the costs may be taxed by the Prothonotary or other proper oflicer of the Supreme Court, and the amount allowed by such officer shall be the amount of costs to bo paid. 15. The arbitrator, arbitrators, or umpire shall deliver their or his award in writing to the said Company, who shall retain the same, 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 he inspected or examined by such 1890. 54? VIC. 17 Willoughby and Gordon Tramway Act Amending. such party or any person appointed by him for that purpose, and the Compensstion to be amount awarded shall be paid within sixty days after the publication bad within sixty , o days after publication of the award. of 'award. 16. The submission to any such arbitration may be made a rule Submission may be of the Supreme Court on the application of either of the partics. Sansome: Court 17. No award made with respect to any question referred to Award not to be eet arbitration under the provisions of this Act, shall be set aside for aside for irregularity. irregularity or error in matter of form. 18. The said Company shall make compensation and satisfaction, Compeneation in to be ascertained and recovered in case of difference in the manner of nesligence. 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 occupiers of the lands or the Municipal Councils controlling the streets 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. 19. In every case where the said Company shall take temporary Compensation in possession of ands by virtue of the powers hereby granted it shall be rae Pony incumbent on them within three months after entry upon such land, upon being required so to do, to pay to the occupier of said lands the value of any crop or dressing that may be thereon and damaged or injured by such entry, as wellas 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 partics differ; and shall also, within twelve months after such entry, pay tosuch 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 been sustained by them by reason of the exercise as regards the said lands of the powers hereby @ eranted, including the full value of all clay, stone, gravel, sand, and other things taken from such lands. 20. If the owner of any lands required to he taken for the Proceedings in construction, of the said tramway is absent from the Colony, or cannot sence of owner, 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 agree- ments 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 determined hy the valuation of a sworn valuator under the " Real Property Act" to be nominated as hereinafter mentioned. 21. Upon application by the said Company to a Court of Petty tustic-s to appoint Sessions, and upon such proof as may be satisfactory to such Court f xaluator in certain 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 sail tramway, such Court shall by writing under their hands nominate yaluator as aforesaid for determining such compensation as aforesaid, and such valuator shall determine the same accordingly, and shall annex to his valuation a declaration in writing subscribed by him of the correctness thereof. 22. The said nomination and declaration shall be annexed to Production of the valuation to be made hy such valuator, and shall be preserved 'to & together Costs of valuation, how borne. Compensation not exceeding £50, how to bo dealt with. Compensation, how dealt with in absence of owner, Power of entry in case of refusal. Service of notice on owners of lands. 54 VIC. 1890. Willoughby and Gordon Tramway Act Amending. together therewith by the said Company, and they shall at all times produce the said valuation and documents on demand to all parties interested in the Jands comprised in such valuation. 23. All the expenses of and incident to any such valuation shall be borne by the said Company. 24. If the amount of compensation determined by any such yvaluator docs not exceed the sum of fifty pounds, it shall, except in the cases where the owner is absent from the Colony or cannot be 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 coverture, infancy, idiotey, lunacy, or other incapacity of any such persons, then such moncy shall be paid for their use to their respective husbands, guardians, committees or trustecs of such persons. 25. If the amount of compensation determined by any such valuator as aforesaid exceeds the sum of fifty pounds, or in the cases 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 said Company into the hands of the Master in Equity of the Supreme Court in the matter of this Act, in trust for the parties interested in the lands in respect 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 sufficient discharge to the said Company for the moncy 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 Her present Majesty, and entitled "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. 26. If in any case in which, according to the provisions of the Principal Act or of this Act, the said Company is authorized to enter upon and take possession of any lands required for the purposes of the said tramway, the owner or occupier of any such lands, or any other person. shall 'refuse to give up possession thereof, or hinder the said Company from entering upon or taking possession of the same, it shall be lawful for the said Company to issue its warrant to the Sheriff to deliver possession of the same to the persons appointed by the said Company in such warrant to receive the same; and upon receipt of such warrant the Sheriff shall deliver possession of any such lands accordingly, and the costs accruing by reason of the issuing and execution of such warrant to be settled by the Sheriff shall be paid by the party so refusing to give possession, and the amount of such costs shall be deducted and retained by the said Company from the con- pensation, if any, then payable to such person refusing to give possession, or if no such compensation shall be payable to such person, or if the same be less than the amount of such costs then such costs, or the excess thereof beyond the amount of such compensation, if not paid on demand shall be levied by distress, and upon application to any Justice of the Peace for that purpose he shall issue his warrant accordingly. 27. All notices required to be served by the said Company and their assigns, upon the parties interested in or entitled to sell any such lands, shall cither 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 sueh oeenpier, shall be affixed upon some conspienous part of such lands, and shall afse he advertised in the Government Gazette and a local newspaper. 28. 1890. . 54 VIC. Willoughby and Gordon Tranuay Act Amending. 28. This Act may, for all purposes, be cited as the " Willoughby gyort titte. and Gordon Tramway 'Act Amending Act," and shall be deemed to be incorporated w ith, and constructed as part of the said " Willoughby and Gordon Tramway Act of 1887," and which Act is hereinbefore called the " Principal Act." SCHEDULE A. All that proposed tramway situated in the Municipalities of Saint Leonards and North Willoughby, county of Cumberland, and Colony of New South Wales, be the hereinafter mentioned several dimensions a little more or less. Description of proposed tramway from the terminal point of the Saint Leonards cable tramway, Miller-street, Saint Leonards, to the termination at a point in the Cam- meray Estate, near the junction of the Taralba Road and tho Warrane Road, in the Municipality 'of North Willoughby. Municipality of Saint Leonards. Commencing in Miller-street, in the town and Municipality of Saint Leonards, at its intersection with Maleon-strect, and trending ina northerly direction along Miller-strect to its intersection with Amherst-street ; thenee by a curved line in a north. westerly direction through allotinents nine, ten ele sven, twelve, thirteen, fourteen, and fiftecn, section thirty-two, the' property of the " North Sydney Investment and Tramway Company (Limited) " ; thence in 'a north-westerly direction by a curved linc through allotment sixteen, section thirty-two, the property of T. J. Cook; thence in a north- westerly direction by a eurved line across Palmer and Rose Strects, near their interscetion ; thenee in a north-westerly direction by a curved line through allotment one, section thirty-three, the property of George Brown ; thence in a north-w esterly direction by a curved line through allotment two, section 'thirty: -three, the property of H. Hughes ; thenee ina northerly direction by a curved line through allotments three and four, section thirty-three, the property of Captain Reddall; thence in a north-casterly direction by a curved line through allotment five, section thirty-three, the property of W. Waterhouse; thence in a north- easterly direction by a curved line across Glen- strect ; thence in a north-casterly direction by a curved line across allotment five original section three, the property of S. Cunningham; thence in a north-casterly direction by a curved line across Rose-strect ; thence in a north- easterly direction by a curved line across allotment seven, section thirty-four, the property of John Ritchie; thence in a north-easterly direction by a curved line across allotment eight, section thirty-four, the property of the © North Sydney Investment and Tramway Company (Limited)" ; thence in a north-casterly direction by a straight line across Flat- street; thence ina north-« asterly direction in a straight line across the south-eastern corner of original section four, the property of John Thompson; thence in a north- easterly direction in a straight line aeross Miller-strect ; thence in a north-casterly direction in a straight line across allotment twelve, section thirty-five, the property of Andrew Armstrong; thence in a north-easterly direction by a straight line across Pine-street ; thence in a north- easterly, northerly, and north- westerly direction by a straight anil curved line through original section five, the property of the "North Sydney Investment and Tramway Company (Limited)" ; thence in a north-westerly direction by a straight line across the head waters of Long Bay by a high-level bridge, now in course of construction by the "North Sydney Inv extment and Tramway Company (Limited)," into the Municipality of North Willoughby, which is entered at a point on the southern extremity of the dividing line between two sections originally granted to 8. H. Terry, now the property of the North Sydney Investment and Tramway Company (Limited)." Municipality of North Willoughby. Thence from the beforementioned point of entrance in a north-westerly direction through two seetions originally granted to 8. H. Terry, now the property of the " North Sydney Investment and Tramway Company (imited)" ; thence in a north-westerly direction through two seetions originally granted to fdward Cohen, now held by the trustees of the said Edward ohen ; thence in a north- westerly direction through two sections originally granted to John Weston, now the property of the "North Sydney Jnvestment and Tramway Company (Limited)"; thenee in a north-westerly direction through a seetion originally granted to T. Strickland, now the property of the " North Sydney Invextment and 'Pramway Company (Limited) ; thence in a north-westerly direction across Sailor's Bay Road; thenee in a northerly direction through section originally granted to M. TF. Josephson, now the property of the " North Shore and Middle Harbour Land Company (Limited)"; thence in a northerly direction through section originally granted to B. LW. Osbourne, now the property of John Clarke; thenee ina northerly direction aevoss Mowbray Road East; thenee ina north-westerly direction through scetion originally granted to James W. Bligh, now the property of the "North Shore and Middle Harbéur Land € ompany (Limited)" ; thence in a northerly Tete through 54 VIC. 1890. Willoughby and Gordon Tramway Act Amending. through section originally granted to James Harris French, now the property of the "North Shore and Middle Harbour Land Company (Limited) " ; thence in a north- easterly direction through section originally granted to E. H. Uerring, now the property of the "North Shore and Middle Harbour Land Company (Limited)" to Victoria Avenue; thence in a north-westerly direction along Victoria Avenue, and the frontages of the lands abutting on Victoria Avenuc, to wit, on the south-western side of said Avenue, sections originally g granted to E. ite Herring, F. Mooney, J. W. Bligh, and G. Woodeoek, which sections are now the property of the " North Shore and Middle Harbour Land Company (Limited) "; on the north-eastern side a portion of the Cammeray Estate, the property of the " North Sydney Investment and Tramway Company (Limited)," section originally granted to J. W. Bligh, now the property of Chen Ateak, to the southern- inost corner of section originally granted to S. Mallarky, now the property of the " North Sydney Investment and 'Tramway Company (Limited) "; thence in a north-westerly direction through the aforesaid section ; thence in a north- westerly direction through section original granted to George Woodvock, now the property of Mrs. M. Owen; thence in a north: westerly direction across Warranc Road; thence in a north- westerly direction through a portion of the Alleyne Extate, now the. property of Michael Stephen- son; thence in a north-westerly direction across Snith-street ; thence in a north- westerly direction through two subdivisions of the Alleyne Estate, now the property of — Watson and James Forsyth, respectively ; thenee in a north- casterly direction across Warrane Road, to the termination in the Cammeray Estate, the property of the " North Sydney Investment and Tramway Company (Limited)." SCHEDULE B. This first branch live of tramway commences at a point on the main line of tram- way, hereinbefore described in Schedule A, near the intersection of the said main line of tramway with Sailors' Bay Road, in section originally granted to T. Strickland, now the property of the " North Sydney Investment and Tramway Company (Limited) ;" thence in a north-easterly direction through the said section to Sailors' Bay Road ; 'thence in an easterly and north-easterly direction along the said road to the termination at the western boundary of section containing eleven acres and three roods, originally granted to James William Bligh, now the property of the " North Syduey lnvestment and Tramway Company (Limited)." SCIIEDULE C. This second branch line of tramway commences at a point on the main line of tramway, hereinbefore described in Schedule A, near the intersection of the said main line of tramway with the Mowbery Road, in section originally granted to E. H. Osborne, now the property of John Clarke ; thenee proceeding in a north-easterly direction through the said section to the Mowbery Road; thence in a north-casterly direction along "the said road to the termination at the western boundary of section originally ranted to E. M. Stephen, now the property of the " North Shore and Middle Harbour Land Company (Limited)." SCHEDULE D. This third branch line of tramway commences at the termination of the main line of tramway, hereinbefore described in Schedule A, and proceeds in a north-easterly, easterly, and south-easterly direction through a portion of the Cammeray Estate, the property of the "North Sydney Investment and Tramw ay Company (Limited)," and enters upon and crosses Teralba Road, Kendall Road, Pokolbin Road, Munmorah Road, and Corrobare Road, within the limits of the said estate, to the north-western corner of section originally granted to H. G. Alleyne, now the 'property of R. Cousens; thence in an easterly direction along Corrobare Road, and entering on the sections abutting on the said road : to wit, on the southern side, section originally granted to H. G. Alleyne, now the property of R. Cousens ; section originally granted to H. G, Alleyne, now the property of the "North Shore and Middle Ifarbour Land Company (Limited)" ; and section originally granted to H. G. Alleyne, now the property of James Francis Cullen ; and on the northern side of the said Corrobare Road that portion of the Cammeray Estate including Mount Ranken, the property of the ' North Sydney Investment and Tramway Company (Limited)," to the termination in reserve number twenty-cight, a Crown reserve for public purposes. An