Penrith Nepean Bridge Act 1850 14 Vic (NSW)

Pennitii NEVEAN Brinck. Preamble. Liberty to Willian Russel] Esq. to erect bridge over the River Nepean. An Act to enable William Russell Esquire of Regentville in the County of Cumberland to erect and maintain a Bridge over the River Nepean near the Town of Penrith and to take Toll thereat for a term of years and for other purposes therein mentioned. [1st October, 1850.] Wee there is now great traffic on the road from Bathurst and the western part of this Colony to Sydney which said traffic is likely to increase greatly And whereas the only means of communication between the Bathurst Road and the Sydney Road over the River Nepean is the Government punt or ferry near the town of Penrith And whereas the crossing of the said river at the said ferry is often attended with great danger and scrious damage to drays horses sheep and cattle and is always accompanied with great delay and incon- venience to travellers upon the said roads And whereas the tolls payable at the said ferry are very onerous And whereas the building and main- taining a bridge over the said river with proper avenucs and approaches thereto on cither side communicating with the Bathurst Road and Sydney Road would prevent the said delays losses and inconveniences and would be of great public utility And whereas William Russell Esquire of Regentville in the county of Cumberland is desirous of building and maintaining the said bridge over the said river with proper avenues and approaches thereto communicating with the Bathurst Road and the Sydney Road upon the condition of taking to his own use and benefit certain reasonable tolls at the said bridge upon and after the proper completion of the said bridge with the said avenues and approaches thereto for a term of years but inasmuch as the several purposes aforesaid cannot be effectually accomplished without the aid and authority of the Legislature Be it therefore enacted by His Execl- lency the Governor of New South Wales with the advice and consent of the Legislative Council thereof That from and after the passing of this Act it shall and may be lawful for the said William Russell Esquire of Regentville his executors administrators and assigns and his or their agents servants workmen and assistants and he and they are hereby authorized and empowered to construct and build or cause to be 1850. 14° VIC. Penrith Ni Nepean Bridge. be constructed and built and to complete a good and substantial bridge not less than twenty-five feet wide near the town of Penrith from a certain place known as the township of Regentville over and across the said river to Emu Plains with proper and convenient roads avenues and approaches to and from the said bridge communicating with the Great Western Road below the town of Penrith in the "county of Cumberland on one side of the said river and with the Bathurst Road in the county of Cook on the other side and also to dig and make proper foundations in the said river and to cut remove take and carry away all trees roots of trees beds of gravel sand mud or any other impediment whatsoever which may in anywise hinder the erecting and completing the said bridge and generally to do and execute all and every other acts matters and things requisite and necessary useful or convenient for erecting building preserving and protecting and repairing the said bridge and the course and channel of the said river and making such proper embankments roads ways avenues and approaches thereto as aforesaid according to the tenor and true intent and meaning of this Act. And be it enacted That it shall and may be lawful for the said W: iliann Russell his executors administrators 'and assigns and he and they are hereby authorized and empowered to make form and set out or cause to be made formed and sct out proper and commodious and convenient roads avenues or approaches to the said intended bridge to lead from the Great Western Road below the town of Penrith to the said place called the township of Regentville and to and over the said intended bridge and from there to a place called Emu Plains on the Bathurst Road in the county of Cook the said roads avenues or approaches to be made through and along any public highway now used in the said line or direction and also upon obtaining the requisite consent and authority in that behalf through and along any public or Crown lands or any private lands in the said line or direction Pro- vided always that the expenses of making forming and maintaining such roads avenues and approaches shall be borne and sustained by the said William Russell his executors administrators and assigns during the continuance of this Act and in case the said W illiam Russell his executors administrators or assigns shall cause to be formed and set out any new or other roads avenues or approaches which may be required as advantageous to the public traffic to the said bridge the said William Russell his executors administrators and assigns shall maintain and keep in repair such new roads avenues and approaches at his and their own cost and charge. 38. And be it enacted That upon the proper completion of the said bridge with the said ways and approaches thereto within three and to make and form roads and approaches to bridge. Tolls to be the pro perty of William Russell his execu- years from and after the passing of this Act and provided always that. tors &. the said bridge during the continuance of this Act shall be kept and maintained in proper repair by the said William Russell his heirs executors administrators and assigns the tolls hereinafter authorized and directed to be demanded and received at the said intended bridge and the said intended bridge and any toll-house or houses toll-bar or gate and toll-bars or gates 'thereto belonging and their appurtenanees shall during the continuance of this Act and for the term of thirty years next ensuing the complction of the said bridge belong to and be the property of and vested in the said William R ussell his executors administrators and assigns and it shall be lawful to the said William Russell his executors administrators and assigns to bring actions and suits or institute any criminal or summary proceedings as the case may require against any person or persons w 'ho shall steal take or rarry away spoil i injure or destroy the said bridge or other erections ther eto belonging. 7) A. 178 14° VIC. 1850. Penrith Nepean Bridge. Tolls in schedule to 4, And be it enacted That it shall and may be lawful for the be received. said William Russell his executors administrators and assigns to charge demand and receive at the toll-bar or gate toll-bars or gates erected at or upon the said bridge the tolls which are specified in the Schedule marked A annexed to this Act and no other or higher tolls shall be charged demanded or received than such as are specified in the said Schedule for each and every person animal cart carriage dray wain wagon and other vehicle which shall pass over such bridge. Gxomption of the 5. And be it enacted That no toll shall be demandable or taken vants and persons in by virtue of this Act for or in respect of any horses or carriages of or Gorerenent shiney. Delonging to the Governor of the said Colony for the time being or to men mails and mili. any person in actual attendance upon him or for or in respect of the iny fom paywent horses beasts carts carriages and other vehicles of and belonging to the ' Government and employed at the time of passing the toll-bar or bars toll-gate or gates at or upon the said bridge in the Government service or for or in respect of any horse beast carriage or other vehicle con- veying any clergyman in the discharge of his duty or for or in respect of any horse beast carriage or other vehicle carrying the Post Office mails nor shall any toll be demandable or taken by virtue of this Act from any of Her Majesty's officers and soldiers being in proper staff or regimental or military uniform dress or undress in respect of them- selves or their horses nor shall toll be demandable or taken by virtue of this Act in respect of any carriages or horses belonging to Her Majesty or employed in Her service when conveying persons baggage arms or ammunition or returning therefrom. Liberty to erect, toll- 6. And be it enacted That it shall be lawful for the said bare and appoint "William Russell his executors administrators and assigns to erect or cause to be erected a toll-bar or gate or toll-bars or gates at or upon the said bridge and at or upon such part or parts thereof as to the said William Russell his executors administrators and assigns shall seem fit and to collect and receive the said tolls thereat or to nominate and appoint some fit and proper person or persons to attend the said toll- bar or gate or toll-bars or gates to collect and receive the tolls thereat. Bridge to bea public 7. And be it enacted That at the expiration of the said term of thirty years. of thirty years and at the expiration of this Act then and from thence- forth the said bridge shall be and shall be deemed to be a public bridge. Ut bridge &. not 8. And be it enacted That if the said bridge with the said roads three years powers. avenues and approaches be not fully and properly completed within of this Act to three years next after the passing of this Act the powers given in and . by the same shall cease and determine. Dedication of roads 9. And be it enacted That all land which shall after the pass- to the public, ing of this Act be lawfully formed into an avenue approach or road leading to the said bridge on either side thereof as hereinbefore pro- vided and shall not at any time after the passing of this Act and after the completion of the said bridge be used as such avenue approach or road shall be deemed and taken to be dedicated to the public and shall not be fenced in or resumed on any pretence whatsoever but shall be subject to all such and the like regulations orders powers authorities and provisions to which land used as a public thoroughfare now is or hereafter shall be subject to the law. Liberty to borrow 10. And be it enacted That from and after the passing of this of tolls "8° Act it shall and may be lawful for the said William Russell his executors administrators or assigns and he is hereby authorized and empowered from time to time to borrow and take up at interest any sum or sums of money that shall or may be required for the making of the said bridge by one or more mortgage or mortgages of the tolls to be collected at such bridge and of such bridge and of the toll- houses for collecting the said tolls and the mortgagee or mortgagecs of the same shall if at any time they lawfully enter into possession of the 1850. 14° VIC. Penrith Nepean Bridge. the said tolls and toll-houses and bridge have the same powers and be subject to the same liabilities which are hereby given to and imposed upon the said William Russell his executors administrators and assigns in respect of the tolls and the receipt thereof and the repairs of the said bridge. 11. And be it enacted That it shall and may be lawful for the said William Russell his exccutors administrators and assigns to demise and let to farm the tolls demandable under and by virtue of this Act at or upon the said bridge and the said lessee or lessees shall have the same powers of demanding and collecting and taking the said tolls as arc hereby given to the said William Russell his executors administrators and assigns. 12. And be it enacted That the said lessce or lessees of the said tolls during such time as the said tolls shall be so leased as afore- said shall and may nominate and appoint such other person or persons as he she or they may think necessary to collect demand and take such tolls so demised leased and farmed and such person or persons so appointed as aforesaid shall and may use all means and methods for the recovery thereof in case of non-payment or evasion as the said William Russell his executors administrators and assigns and such lessee or lessees might or could do under and by virtue of this Act. 13. And be it enacted That in case the tolls demandable at. or upon the said bridge shall be demised hy the said William Russell his executors administr ators or assigns to any person or persons and the lessee or lessces shall neglect or refuse to perform the conditions on which the same shall be so let or in case the rent or rents agreed to be paid by such Iessce or lessees or any part thercof shall be in arrear for the space of fourteen days next after the day on which the same ought to be paid or the term for which such lessee or lessees held the same shall in any other manner become void it shall and may be lawful for any Justice of the Peace upon complaint made upon oath by or on behalf of the said William Russell his cxecutors administrators and assigns by warrant undcr his hand and scal to order a constable or other peace ofliccr with such assistance as shall be necessary to enter upon and take possession of the said bridge and the toll-house or houses at or thereupon and all buildings and appurtenances thercto 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 thereof and from the collection of the tolls in respect thereof and the lease contract or agree- ment for the same shall thenceforth ccase and be utterly void to all intents and purposes whatsoever save and except as to the conditions and agreements for payment up to that time of the rent payable for the same and the other conditions or agreements contained therein on the lessee's part and behalf and which shall or may have been broken and the same tolls and toll-houses may be given let or demised to any other person or persons and may in the meantime be collected by the said William Russell his exceutors administrators and assigns or his or their servants and agents in that behalf. 14. And be it enacted That in case the lessee or lessees of the said tolls shall on the expiration of the term for which the same shall Tolls may be let. Lessee may appoint collectors. In case of non- payment of rent or avi ce of lease les nd occupiers removable by order of a Justice of the Peace. On determination ot lease and refusal to quit Justice of the have been so let or demised to him or them neglect or refuse to deliver Denes may remove up possession to the said William Russell his executors administer: vtors or assigns to any new lessee or lessees possession of the toll-house or toll-houses at or upon the said bridge and all buildings and appurte- nances thereto belonging it shall and may he lawful for any Justice of the Peace upon complaint made upon oath by or on behalf of the said William Russell his executors administrators and assigns by warrant under his hand and seal to order any constable with all such assistance as lessee. Table of tolls to be affixed to toll-house, Name of collector to be put up in a con- spicuous place &c. Penalty in cases of default. Persone refusing to pay toll may be prevented passing. Penalty on forcibly passing bridge with- out paying toll, 14° VIC. 1850. Penrith Nepean Bridge. as shall be necessary to enter upon and take possession of the toll- houses and all buildings and appurtenances thereto belonging and to remove and put out such lessee or lessees collectors keepers servants and other person or persons as shall be found therein together with his her or their goods and chattels from the possession thereof. 15. And be it enacted That the said William Russell his executors administrators and assigns are hereby required and the lessce or lessces of the said tolls shall and are hereby required during the whole time that he or they shall take or continue to be the lessee 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 toll-gates or at and upon the toll-house or toll-houses at or upon the said bridge a table painted in distinct legible black letters on a board with a white ground containing a list of the tolls payable at the said bridge distin- guishing severally the amount of tolls and the different sorts of cattle beasts carriages or other vehicles for which they are severally to be paid where there shall be any variation therein and that the said William Russell his executors administrators and assigns 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 or keeper 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 shall be on duty and shall change 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 such change may take place and if the said William Russell his executors adminis- trators and assigns while he shall take the said tolls or his 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 collectors or keepers of such tolls for the time being to be put up as aforesaid or if the collector or keeper of such tolis shall not be in attendance at all times by day and by night at the place at which he is stationed or ought to be or shall demand and take a greater toll from any person than he shall be 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 boards or the name or names sofixed up asaforesaid or shall refuse to tell his christian nameand surname to any person or persons who shall demand to know the same on paying the said tolls 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 or toll- gates at or upon the said bridge then and in each and cy ery 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 as hercinafter provided. 16. And be it enacted That if any person liable to the payment 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 any person having right or authority to collect the same to prevent such person or persons from passing through the said toll-gate or toll-gates and to shut close and fasten the said gates and to keep and continue the same closed and fastened. 17. And be it enacted That if any person or persons shall resist or make forcible opposition 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 or toll- gates at or upon the said bridge without paying the legal toll to which he or they is or are liable or shall fraudulently or forcibly evade or do 13850. 14° VIC. 181 Penrith Nepean Bridge. do any act whatever in order or with intent to cvade the payment of the said toll or tolls and whereby the same shall be evaded every such person. shall for every such offence forfeit and pay a sum not excecding five pounds. 18. And be it enacted That if any lessee or collector of tolls 1£ tessee or collector under this Act or any keeper of a gate on the said bridge shall upon Sbsteuct peasenrers the legal toll being tendered or paid unnecessarily or for an unreason- able time detain or wilfully obstruct hinder or delay any passenger or passengers with or without: his her or their horses beasts carriages carts and other vehicles from passing over the said bridge or if any Orif insolent to such lessee or collector of tolls or keeper of a gate on the said bridge [xcecor collector shall make use of any uncivil scurrilous threatening or abusive tobe fined, language or behaviour to any traveller ov passenger travellers or passengers 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 be recovered and applied as hereinafter mentioned. 19. And be it enacted That if any person subject or liable to Collector inay seize the payment of any of the tolls under and by virtue of this Act shall one avat of tolls after demand thereof neglect or refuse to pay the same or any part or parts thereof it shall be lawful for the person or persons having right or authority to collect. such tolls by himself or themselves or taking such as he or they shall think necessary to seize and distrain any horse beast cattle sheep carriage or other thing upon or in respect of which any such toll is imposed together with their respective bridles saddles gears harness or accoutrements or any of the goods or chattels of the person or persons so neglecting or refusing to pay and if the toll or any part thereof so neglected or refused to be paid and the reasonable charges of such scizure and distress and of keeping and maintaining the same shall not be paid within the space of one day next after such seizure and distress madc the person or persons so seizing and distraining may sell the horse beast cattle sheep carriages or things so seized and distrained ov a sufficient part thereof returning the overplus of the moncy to arise by such sale if any and what shall remain unsold upon demand to the owner thereof after such tolls and the reasonable charges occasioned by such seizure distress maintenance and sale shall be deducted. 20. And be it enacted That if any person or persons whomso- Penalty for injuring ever shall wilfully or maliciously injure pull or eut down pluck up otek ing (oll- throw down break level or otherwise damage demolish or destroy any toll-gate or any chain post rail bar wall or other fence or fences or lamp or lamps of or belonging to any toll-gate at or upon the said bridge or any house or houses erected for the use of any such toll-gate or table of tolls put wp at any such toll-gate or toll-gates on the said bridge or any arch wall abutment prop or fence belonging thereto or any part of the said bridge whatsoever then and in each and every such casc every person so offending shall forfeit and pay for every such offence a sum not execeding ten pounds over and above the damages occasioned thereby to be recovered as hereinafter mentioned one moiety of which penalty or penalties when recovered shall go to and be paid to the informer and the other moicty thereof with the amount of the said damages shall be to the use of the said William Russell his executors administrators and assigns. 21. And be it enacted That all horses cattle sheep and other Al! cattle horses &e. . . . to be counted by beasts for which toll shall be demanded or payable under this Act shall tessce collector or be counted by the lessee or collector of tolls under this Act or keeper ficeper before passing of the gate at the said bridge before such horses cattle sheep and other i beasts shall pass over the said bridge. 22. Justice of the Peace 14° VIC. 1850. Penrith Nepean Bridge. 22, And be it enacted That it shall be lawful for any one or tchearanddetermine more Justice or Justices of the Peace to hear and determinc in a offences summarily. No conviction to be quashed for want of form or removable by certiorari. Limitation of actions &c. summary way all offences committed against the true intent and meaning of this Act and for that purpose to summon before him or them any party or parties accused of being an offender or offenders against the tone and meaning of this Act and in casc the party accused shall not appear on such summons or offer some 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 either side on oath and which oath every such Justice is hereby authorized to administer and after hearing the partics 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 moncy forfeited or directed to be paid in any such conviction be not duly paid every such Justice or Justices shall thereupon issue a warrant under his or their hand and scal directed to any constable or constables and thereby require him or them to make distress of the goods or chattels of the offender or offenders to satisfy such penalty or money forfeited or directed to be paid and the costs of the prosecution and distress and if within five days from the distress being taken the penalty or money forfeited or required to be paid and costs shall not be paid the goods seized shall be appraised and sold rendering the overplus if any after deducting the penalty or sum of money required to be paid and the costs and charges of the prosecution distress and sale to the owncr or owners thereof which costs and charges shall be ascertained by the Justice or Justices before whom any such offender or offenders shall have been convicted and for want of such distress then every such Justice or Justices shall on the application of any prosecutor or prosecutors and proof on oath made of the conviction and non-payment of the penalty or sum of money directed to be paid and the charges thereon by warrant under his or their hand and seal or hands and seals commit every such offender or offenders to some onc of the common gaols of the said Colony for any period not exceeding three months Provided always that no person or persons shall be convicted of any offence or offences contrary to the provisions of this Act in a summary way before any Justice or Justices of the Peace after the expiration of three months from the time when any such offence or offences shall have been committed. 23. And be it enacted That no conviction under this Act shall be quashed for want of form or be removed or removable by writ of certiorari or otherwise into the Supreme Court and no warrant or commitment 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. 24, And be it enacted That if any action or suit shall be com- menced against any person or persons for anything done in pursuance of this Act then and in every such case such action or suit shall be commenced or prosecuted within three calendar months after the fact committed and not otherwise and the defendant in every such action or suit shall and may plead the general issue and at the trial thereof give this Act and the special matter in evidence and if the matter or thing complained of shall appear to have been done under the autho- rity and in the execution of this Act or if any such action or suit shall be brought after the time limited for bringing the same then the jury shall find for the defendant and if the plaintiff shall become nonsuit or discontinuc his or her action after the defendant shall have appeared or have a verdict against him or her or if upon demurrer judement 1850. 14° VIC. 183 Burwood and Newcastle Tramroad. judgment shall be given against the plaintiff the defendant shall and may recover treble costs and have the like remedy for recovery thereof as any defendant hath in any case by law. 25. And be it enacted That this Act shall continue and be in Continnance and force thirty years aftcr the passing of the same Provided that the said bridge and the avenues and roads thereto be properly built and com- pleted within three years after the passing of the same. 26. Provided always and be it enacted That nothing in this Rights of the Crown Act contained shall be deemed to affect or apply to any right title or" interest of Her Majesty Her Ileirs 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 him her or them. 27. And be it enacted That this Act shall be deemed and taken Act to be deemed a to be a public Act and shall be judicially taken notice of as such by public Act all Judges Justices and others without heing specially pleaded. SCHEDULE REFERRED TO. TABLE OF TOLLS TO BE LEVIED PAID AND TAKEN UNDER AND BY VIRTUE OF THIS ACT. For every foot passenger . i . 0 » horse mare gelding ass or mule drawing u or not drawing ae ow 0 6 gig dray or cart with two wheels only 1 wagon carriage or other vehicle with four wheels 1 ox or head of neat cattle drawing or not drawing being more than ten in " " " " " " » 'hot exceeding ten ww. O 4 » — sheep lamb pig or goat... . . we O 04 No double toll shall be charged on Sunday 1 nor shall the above tolls be payable more than once in cach day.