Pyrmont Bridge Company Act 1855 19 Vic (NSW)

Prrwont Broce Company. Preamble. An Act to incorporate 'The Pyrmont Bridge Company" and for other purposes therein mentioned. [15th December, 1855. | HEREAS a joint stock company called "The Pyrmont Bridge Company | has been lately' established at Sydney in the Colony of New South Wales under and subject to the rules regulations and provisions contained in a certain deed of scttlement bearing date the second day of July in the year of our Lord one thousand eight hundred and fifty-five purporting to be a decd of settlement of the said company And whereas by the said deed of settlement the several partics thereto have respectively and mutually covenanted and agreed that they and such other persons as should become proprictors of shares in the said company as therein provided should become a company under the name of "The Pyrmont Bridge Company" for constructing and maintaining a bridge across Dar ling IL[arbour in Port Jackson in the said Colony from the Market Wharf in the city of Sydney to Union-street Pyrmont in the said city capable of admitting vessels of all classes whether navigated by steam or otherwise to pass "and repass through the same And for making and maintaining a bridge or viaduct across Blackwattle Sw amp in the said harbour from Pyrmont to the Glebe And all necessary roads and approaches to such 'bridges and viaducts and for the connection thereof with the said bridge from Market-strect to Union-street aforesaid And for connecting such bridge with the Parramatta and Balmain Roads respectively at some convenient points and with the terminus of the Sydney Railway on Darling Harbour And for the erection of offices workshops cranes weighing and other machines stcam-engines appliances and conve- niences necessary for the construction and purposes of such bridges when constructed or any of them And for the purchase and hire of one or more tugs or vessels to be employed in connection with the said bridge from Market-street to Union-strect aforesaid and otherwise in and about the said harbour And for the acquisition of profits to be derived from tolls to he taken at such bridges and roads or any of them And it was by the said deed of settlement agreed that the capital of the said company should consist of fifty thousand pounds divided into ten thousand shares of five pounds each or so much thereof as might from time to time be necessary and of such further sum or sums not exceeding the sum of one hundred thousand pounds as might there- after be raised by the creation allotment and sale of new shares as therein provided And whereas by the said deed of settlement provision has been made for the due management of the affairs of the company by 1855. 19° VIC. 463 . Pyrmont Bridge Company. by directors to be from time to time elected and appointed by the shareholders of the said company And whereas the said company is desirous of being incorporated and it is expedient that the said com- pany should be incorporated accordingly subject to the provisions hereinafter contained Be it therefore enacted by His Excellency the Governor of New South Wales with the advice and consent of the Legislative Council thereof as follows— 1. Such and so many persons as have already become or at any Company incorpo- time or times hereafter shall or may in the manner provided by and ™*4 subject to the rules regulations and provisions contained in the said deed of settlement become proprictors of shares of or in the capital for the time being of the said company shall (subject nevertheless to the conditions regulations and provisions hereinafter contained) be one body politic and corporate in name and in deed by the name of " The Pyrmont Bridge Company" and by that name shall and may sue and be sued by any persons whether members of the said corporation or not and shall and may implead and be impleaded in all Courts whatsoever at law or in equity and may prefer lay and prosecute any indictment information and prosecution against any person whomsoever for any stealing embezzlement fraud forgery or other crime or offence and in all indictments informations and prosecutions it shall be lawful to state the money goods effects bills notes securities or other property of the suid company to be the money goods effects bills notes securities or other property of the said corporation and to designate the said com- pany by its corporate name whenever for the purpose of any allegation of an intent to defraud or otherwise howsoever such designation shall be necessary and the said corporation shall have perpetual succession and a common seal and the said common seal may be altered varied and changed from time to time at the pleasure of the said corporation. 2. The several laws rules regulations clauses and agreements Deed of settlement contained in the said deed of settlement or to be made under or by ewe at the campo. virtue or in pursuance thereof shall be deemed and considered to be tion. and shall be the by-laws for the time being of the said corporation save and except in so far as any of them are or shall or may be altered varied or repealed by or are or shall or may be inconsistent or incom- patible with or repugnant to any of the provisions of this Act or of any of the laws or statutcs now or hereafter to be in force in the said Colony but no rule or by-law shall on any account or pretence whatsoever be made by the said corporation either under or by virtue of the said deed of settlement or of this Act in opposition to the general scope or true intent and meaning of this Act or of any of the laws or statutes in force for the ;time being in the said Colony Provided that a true copy of the said deed of settlement and of any by-laws to be made by virtue or in pursuance thercof attested by three of the directors of the company shall be registered at the office for the registration of deeds in the Supreme Court of the said Colony before the same shall be of any validity whatever as the by-laws of the said corporation. 3. It shall be lawful for the said corporation from time to time Increase of capital. to extend its capital by the creation allotment and disposal of new shares in the manner sct forth and subject to the rules regulations and provisions contained in the said deed of settlement. 4. The capital or joint stock and all the funds and property of Capital and shares to the said corporation and the several shaves therein and the profits and b¢ Pesuslty. advantages to be derived therefrom shall be and be deemed personal estate and be transferable and transmissible accordingly subject to the regulations of the said deed of settlement. 5. The corporation shall not be bound in any manner by any Corporation not trusts or equitable interests or demands affecting any shares of the toa, eet oe capital standing in the name of any person as the ostensible proprictor aftecting shares, thereof Permission to erect piers landing-places &e. Survey to be made before commence- ment of works, Plan. Book of reference. Power to enter upon lands to make surveys &c. 19° VIC. 1855. Pyrmont Bridge Company. thereof or be required to take any notice of such trusts or equitable interests or demands but the reccipt of the person in whose name the shares shall stand in the books of the corporation shall notwithstanding such trusts or equitable interests or demands and notice thereof to the said corporation be a good valid and conclusive discharge to the corpo- ration for or in respect of any dividend or other money payable by the said corporation in respect of such shares in accordance with the regu- lations in that behalf contained in the said deed of settlement and a transfer of the said shares as directed by the said deed by the person in. whose name such shares shall so stand shall notwithstanding as afore- said be binding and conelusive as far as may concern the said corpo- ration against all persons claiming by virtue of such trusts or equitable interests or demands Provided always that nothing therein contained shall be deemed or taken to interfere with or abridge the right and power of a Court of Equity to restrain the payment of any such dividend or other money payable thereafter by the corpors ation in respect of any such shares or the transfer thereafter of any such shares or to direct the payment of such dividends or other moncy by the corporation or the transfer of such shares by the person in whose name they may stand to such other person as such Court may think fit. 6. It shall be lawful for the said corporation and they are hereby authorized and empowered to make and construct a good and substantial bridge of not less than thirty feet in width across Darling Harbour from the Market Wharf to or near to Union-strect aforesaid with all necessary piers landing-places buildings engines works and conveniences and upon the completion of the said bridge with roads and approaches thereto to receive and take the tolls for the use thereof hereinafter specified and authorized to be taken and from and after such completion as aforesaid to make and continue a road from such bridge through the Ultimo Estate to Blackwattle Bay aforesaid and to erect a good and substantial bridge or viaduct across the same to the Glebe and to make and continue a road from the said bridge or viaduct to the Glebe Road at one or more points and from the Glebe Road aforesaid to the Parramatta Road at or near to Camperdown and to the Balmain Road at. Leichardt Town and also to make a branch road from the Pyrmont end of the said bridge across Darling Ifarbour to the terminus of the Sydney Ri ailroad Provided that' hefore any such bridge or viaduct shall he commenced to be built a plan and specifica- tion thereof shall he laid before and approved by the Governor and Executive Council and provided further that no bridge or viaduct erected by the said corporation shall be so constructed as to obstruct the navigation of Darling Harbour aforesaid. 7. Before commencing any such bridges roads and works as aforesaid by this Act authorized to he made the said corporation shall hy some qualified engineer to be by them appointed cause to be made a proper survey or surveys over or through which it is proposed the same should be constructed with a map describing the houses buildings grounds and premises required to be used or taken for the purposes aforesaid together with a book of reference in which shall be entered the names of the owner or proprietor (if known) of each and every portion of the said sites and lands on or through which it is proposed to construct the said bridges roads and works and the nature and quality the state of cultivation the inclosures (if any) and the quantity of such land which shall or may he required for such bridges roads and works respectively. 8. It shall be lawful for the said corporation their directors surveyors engineers agents and workmen and all other persons by them authorized and they are hereby empowered to enter into and upon all or any lands of any person at or near the site of the intended works 1855. 19° VIC. 465 Pyrmont Bridge Company. works and to survey and take levels of same or of any part thereof and to stake or otherwise ascertain and set out the lines and superficial areas of the proposed works and roads in and over the said lands or such parts thereof as may be necessary for the laying out making constructing and the convenient operation of works roads matters and conveniences as are hereby authorized to be made and also to take all such steps as shall be found necessary to ascertain the nature of the soil and substrata of such lands or any part thereof for all or any of the purposes aforesaid the said corporation their agents and workmen doing as little damage as may be in the execution of such survey and if required so to do making full satisfaction in manner hercinafter mentioned to all persons interested in any lands which shall be injured by such survey or by any steps which may be taken to ascertain the nature of the soil or the substrata of such lands as aforesaid and this Act shall be sufficient to indemnify the said corporation and all other persons for what they or any of them shall do by virtue of the powers hereby granted in the exccution of such survey and examination as aforesaid. 9. All maps plans and books of reference relating to such survey Map and book of or surveys as aforcsaid shall for thirty days before the commencement rference to be Kept of the formation of any such bridges works and roads as are hereby corporation. authorized to be made or any part thereof be kept in the office of the said corporation at Sydney and all persons shall and may have free liberty and permission to view and examine the same at all convenient times after the publication of the notice hercinafter mentioned. 10. When and so often as the said corporation shall have deter- Corporation to give mined upon making any bridges works and roads as aforesaid the said Port onake bidwes corporation shall by advertisement in the New South Wales Govern- works and roads. ment Gazette and in one or more of the Sydney newspapers at. least thirty days before the commencement of the formation of any such bridges works and roads respectively give notice that they intend to make the same or such part thereof as the said corporation may think fit in accordance with the said survey and the map or plan and book of reference. 11. A copy of the map or plan and book of reference relating Map é&e. to be to every such survey or strvcys shall thirty days before the commenec- mitted to the ment of the formation of any such bridges works and roads as arc Exccutive Council. hereby authorized be transmitted to the Colonial Secretary and shall be by him laid before the Governor and his Exccutive Council. 12. It shall be lawful for the company by their directors agents power to take lands officers surveyors and workmen and all other persons by them autho- f purposes of rized to take and appropriate to the use of the said company and for" the purposes of this Act such of the lands so as aforesaid staked or otherwise ascertained or set out and shewn in the said map or plan and book of reference as they shall think necessary for the making and constructing and the convenient operation and use of the said bridges works and roads hereby authorized to be made and constructed without any previous agreement with the owner or occupier of the said lands the said company their agents and workmen doing as little damage as may be in the execution of the powers hereby granted And the said company if required to do so making full compensation in manner hercinafter mentioned to all persons interested in any lands which shall be taken used or injured for all damages to be by them sustained in or by the execution of the power hereby granted. 13. When the corporation shall have finally determined on the when appropriation appropriation for the purposes of this Act of such land as shall have staid phe ns been so shewn in the said map or plan and book of reference subject thereof shall be kept to such modifications as shall have been required by the said Governor panne ie pithe and Executive Council the said corporation shall by advertisement in public inspection. 3N the 466 19° VIC. 1855. Pyrmont Bridge Company. the Government Gazette and in one or more of the Sydney newspapers give notice that such appropriation has been so determined upon in accordance with the said map or plan or book of reference subject to such alterations as shall have been made therein upon such final determination and the said map or plan and book of reference and an amended map or plan or book of reference if any alteration shall have been made therein shall be kept in the office of the said corporation at Sydney and all persons shall have free liberty to view and examine the same at all convenient times after the publication of the last mentioned advertisement and such last mentioned advertisement shall be deemed an act of final appropriation of the lands determined to be taken. Lands taken to vest 14. When any lands which the company are by this Act without conveyance. nuthorized to take without the previous consent of the owner or occupier shall have been set out taken and appropriated for the purposes herein mentioned such lands and the fee simple and inheritance thereof and all the estate use trust and interest of all persons therein shall thenceforth be vested in and hecome the sole property of the said company for the purposes of this Act for ever and it shall not be necessary to obtain a conveyance from the owners or persons interested in such lands to the said corporation. Right to compensa- 15. The owners and all persons interested in any lands taken : appropriated used or prejudiced by the corporation their officers agents or workmen under any of the provisions herein contained and all per- sons who shall have sustained any loss or damage whatever in or by the execution of this Act shall be entitled to reasonable compensation for the loss or injury sustained by them and such compensation shall Period within which be ascertained assessed and awarded as hereinafter mentioned Pro- sah campensation vided that such compensation shall be claimed within the period of two years from the date of the advertisement hereinbefore required of the intention of the corporation to make such part of the said works hereby authorized as shail have occasioned the taking and appropria- tion of the lands in which the claimant was interested. Corporation may 16. And in case the corporation and claimant shall not agree eeney inte Goud as to the sum to be paid for such compensation as aforesaid the amount to be paid shall be determined in the Supreme Court by an action for damages to be brought by the claimant against the corporation or upon an issued agreed to by the claimant and corporation respectively provided that in all cases in which an action shall be brought in the Supreme Court in respect of any claim for such compensation as afore- said it shall be lawful for the corporation to plead any tender which they may have made in bar of such action on paying into Court in the usual way according to the practice of the Court the amount of money tendered or to pay into Court such sum of money as the corporation shall think fit and to plead such payment in bar of the further main- tenance of such action and whichever party shall succeed in such action or upon such issue as aforesaid shall be entitled to costs to be awarded and recovered according to the practice of the Court. Purchase money and 17. In estimating the purchase money or compensation to be Compensation how to Haid by, the corporation in any of the cases aforesaid regard shall be had — by the jury not only to the value of the land to be purchased or taken by the corporation but also to the damage (if any) to be sustained by the owner of the lands by reason of the severing of the lands taken from the other lands of such owner or otherwise injuriously affecting such other lands by the exercise of the powers of this Act and they shall assess the same according to what they shall find to have been the value of such lands estate or interest at the time notice was given of such lands being required for the bridges roads and other works and the said jury in assessing such compensation are authorized and empowered 1855. 19° VIC. 467 Pyrmont Bridge Company. empowered and shall take into consideration the enhancement in value of the adjoining land belonging to the party to whom compensation is to be made by the inercased facilities of acecss or otherwise by reason of the making of such bridges roads and other works in reduction of such compensation. 18. Where such inquiry shall relate to the value of lands taken Sums to be paid for, and appropriated by the corporation and also to compensation claimed }y damages to be for injury done or to be done to the lands held therewith the jury shall »sscssed separately. deliver their verdict separately for the sum of money to be paid for the taking of the lands required for the works or of any interest therein belonging to the party with whom the question of disputed compensation shall have arisen and for the sum of money to be paid by way of compensation for the damage (if any) to be sustained by the owner or occupicr of the lands by reason of any act matter or thing otherwise injuriously affecting such lands by the exercise of the powers of this Act. 19. It shall be lawful for the said corporation to purchase and Otter lands may be hold and for any person to convey to the said corporation any lands veyeil other than the lands hereby authorized to be taken without the previous consent of the owner or occupier which may be conveniently and advantageously used in connection with the said landing-places piers bridges and other works or otherwise in carrying out the purposes and objects of this Act. 20. Before it shall be lawful to put in force any of the powers 4,000 shares to be hereinbefore conferred in relation to the purchase of lands otherwise ae than by agreement for the objects and purposes of the said bridges put in force. works and road not less than four thousand shares shall have been actually subscribed for and the sum of ten thousand pounds paid up. 21. A certificate under the hands of two Justices of the Peace rvidence of sub- in Petty Sessions certifying that the prescribed number of shares have *tiption of required been taken and the required sum been paid up shall be sufficient" evidence thereof and on the application of the said corporation and the production of such evidence as the Justices shall think proper and sufficient such Justices shall grant such certificate accordingly. 22. At any time after the passing of this Act the said corpora- Lands not wanted tion shall absolutely scll and dispose of all superfluous lands purchased ® be 8°! and taken by them as aforesaid and apply the purchase money arising from such sales to the purposes of this Act or as provided by the deed of settlement of the said corporation. 23. It shall be lawful for the said corporation from time to Rates granted to the time and at all times hereafter to ask demand take recover and receive coPrstion. to and for the use and benefit of the said corporation all such tolls and rates as may be established from time to time by the said corpora- tion not exceeding the tolls or rates specified in the Schedule annexed to this Act unless the increase shall have been previously approved by the Governor General and Executive Council to be payable by and in respect of passengers vehicles cattle sheep horses and live stock crossing the said bridges or any of them and also to take wharfage or other rates or remuneration from vessels using any piers landing-places wharfs or places to be constructed by the corporation under the pro- visions of this Act Provided that the corporation shall at all times pro- vide steam vessels or steam. tugs ol sufficient power or such other conveniences as shall he approved by the Governor Gencral and Executive Council to warp or tow into and out of that part of Darling Harbour which lies to the south of the said intended bridge vessels of all classes resorting thereto free of all costs to any such vessel and shall enter into such bond or other security for the due regular and punctual performance of such service as the said Governor General and his Executive Council shall require. 24. 468 19° VIC. 1855. Pyrmont Bridge Company. Restrictions on 24. The total amount of debts engagements and liabilities of Hability. the said corporation shall not in any case excecd the amount of capital stock subscribed and actually paid up. Exemption of the 25. No toll shall be demandable or taken by virtue of this Act Governor and , ] . . oT , i sovante and persons 19% OF in respect of any horses or carriages of or belonging to the in the employment Governor of the said Colony for the time being or to any person in baa actual attendance upon him or for or in respect of the horses beasts and military from carts carriages and other vehicles of and belonging to the Government payment of tolls. and employed at the time of passing the toll-bar or bars toll-gate or gates at or upon the said bridges in the Government service or for or in respect of any horse beast carriage or other vehicle conveying 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 themselves 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- 26. It shall be lawful for the said corporation to erect or cause bars and appoint tq be erected a toll-bar or gate or toll-bars or gates at or upon the said , bridges and roads and at or upon such part or parts thereof as to the said corporation 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. pride fo hea pablie 27. At the expiration of the said term of one hundred years one hundred years, and at the expiration of this Act then and from thenceforth the said bridges shall be and shall be deemed to be public bridges. If bridge Sc. not 28. If the said bridge across Darling Harbour with the completed within "aye three years powers. approaches thereto be not fully and properly completed within three of this Act to years next after the passing of this Act the powers given in and by the same shall cease and determine. Tolls may be let. 29. It shall and may be lawful for the said corporation to demise and Ict to farm the tolls demandable under and by virtue of this Act at or upon the said bridges and the said lessee or lessees shall have the same powers of demanding and collecting and taking the _ said tolls as are hereby given to the said corporation. Lessee may appoint 30. The said lessee or lessees of the said tolls during such time : as the said tolls shall be so leased as aforesaid shall and may nominate and appoint such other person or persons as he she or they may think necessary to collect demand or 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 corporation and such lessce or lessees might or could do under and by virtue of this Act. Tn case of non-pay- 81. In case the tolls demandable at or upon the said bridges avoidance of shall be demised by the said corporation to any person or persons see ere chuovable and the lessee or lessees shall neglect or refuse to perform the condi- by order of a Justice tions on which the same shall be so let or in case the rent or rents oF the Pence. agreed to be paid by such lessee or lessecs or any part thereof 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 corporation by warrant under his hand and seal to order a constable or other peace officer with such assistance as shall be necessary to enter upon and take possession of the 1855. 19° VIC. 469 Pyrmont Bridge Company. the said bridges and the toll-house or houses at or thereupon and all buildings and appurtenances thercto belonging and to remove or 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 agreement for the same shall thenceforth ccase and be utterly void to all intents and purposes whatsoever save and execpt 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 demiscd to any other person or persons and may in the mean time be collected by the said corporation or his or their servants and agents in that hchalf. 32. In case the lessee or the lessees of the said tolls shall on On determination of . : . Tease and refusal to the expiration of the term for which the same shall have been so Ict quit Justice of the or demised to him or them neglect or refuse to deliver up possession to [ores may remove the said corporation to any new lessee or lessees possession of the toll-house or toll-houses at or upon the said bridges or either of them and all buildings and appurtenances thereto belonging it shall and may be lawful for any Justice of the Peace upon complaint made upon oath by or on behalf of the said corporation by warrant under his hand and seal to order any constable with all such assistance 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 lis her or their goods and chattels from the possession thereof. 33. The said corporation are hereby required and the lessee or Tible of tolls to he lessees of the said tolls shall and are hereby required during the whole ~~ —_ time that he or they shall take or continue to be the lessee or lessces 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 bridges a table painted in distinct legible black letters on a board with a white ground con- taining a list of the tolls payable at the said bridges distinguishing 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 the said corporation and the said lessee or lessees during the whole time that he or they shall continue to take or be the lessec or lessees of the said tolls shall place on some conspicuous place near to such board the christian Name of collector to and surname of the collector or keeper of the said tolls who shall be be.put up in acon. on duty for the time being and shall continue the same during the ™ a 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 corporation while they shall take the said tolls or their lessee or lessees shall neglect or refuse to put up such table of tolls as afore- said 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 tolls 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 Penalty in case of prevent any person or persons from reading the inscription on the said ¢. boards or the name or names so fixed up as aforesaid or shall refuse to Persons refusing to pay toll may be prevented passing. Penalty on forcibly passing bridges without paying toll. If lessee or collector of tolls detain or obstruct passengers or if insolent to passengers lessee or lessees or collector to be fined. Collector may seize and distrain for non- payment of tolls. Penalty for injuring or destroying toll- gate &c. 19' VIC. 1855. Pyrmont Bridge Company. to tell his christian name and 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 t