The Wagga Wagga Bridge Company’s Act of 1861 25 Vic (NSW)

1861. 25° VIC. 617 Wagga Wagga Bridge Company. An Act to incorporate "The Wagga Wagga piscine Bridge Company." [5th December, 1861.] W ITEREAS a joint stock company has been lately established Preamble. at Wagga Wagga in the Colony of New South Wales under the name of "The Wagga Wagga Bridge Company" and subject to the articles and conditions contained in a certain indenture of scttle- ment of the said company hereinafter styled "the settlement" bearing date the twenty-third day of August one thousand eight hundred and sixty And whereas by the said scttlement the several parties thercto have reciprocally covenanted that they and all future proprictors of shares in the said company should become a company under the name aforesaid for making completing and maintaining a substantial bridge over the River Murrumbidgee at Wagea Wageaata site which has been approved by the Government and for the authority to receive tolls at such bridge And whereas the said bridge would be greatly for the benefit of the public generally as well as of the inhabi- tants of Wagga Wagga and its immediate neighbourhood And whereas by the said scttlement provision has been made for the due management of the affairs of the company by directors to be elected as therein mentioned and the first such directors are therein and hereinafter named And whereas the capital of the said company is by the said indenture fixed for the present at the sum of four thousand pounds with power if deemed expedient to increase the same And whereas shares in the said company to the whole amount of the said capital have already been allotted and taken and the sum of four lundred pounds has been actually paid up in part of the said amount And whereas the said company have obtained leave and license from thie Crown to use and appropriate for all necessary purposes of the said bridge and the approaches thereto such lands of the Crown as are hereinafter mentioned And whereas the said company are desirous of being incorporated and it is expedient that the said company should be incorporated accordingly Be it therefore enacted by the Queen's Most Excellent Majesty by and with the advice and consent of the Legislative Council and Legislative Assembly of New South Wales in Parliament assembled and by the authority of the same as follows— 1. The persons who have already become or who at any Company incor- time hereafter shall as provided by and subject to the articles and con- P™* ditions contained in the said settlement beconie proprietors of shares in the capital of the said company shall be one body politic and corporate by the name of "The Wagga Wagga Bridge Company" hereinafter styled "the company" and by that name may sue and be sued in all Courts and shall have perpetual succession and a common seal and be empowered to take purchase hold alien and demise land for the purposes of this Act and shall have and enjoy all other the rights privileges powers and authoritics of a corporation for any like purpose. 2. The several provisions in the said settlement and all regula- Deed of settlement tions or by-laws made thereunder shall be the by-laws for the time + being of the said company with power to the said company to altcr vary or repeal the same or any of them and to make others not inconsistent with or repugnant to this Act or any law or statute now or hereafter in force in the said Colony or in Great Britain Provided that a true copy of the said settlement and of any by-laws to be made thereunder attested by three directors of the company shall be registered at the office of the Registrar General before such by-laws shall be valid. AT 3. First dircctors. Capital. Property to be personalty. Works to be done. Power to enter lands &c, for survey. Superfluous land to be sold. Tolls and rates. 25° VIC. 1861. Wagga Wagga Bridge Company. 8. Frederick Anslow Tompson George Forsyth Allen Bradley Morgan IIenry Baylis and Henry Wallace shall be the first directors of the said company. 4, The capital of the said company shall be four thousand pounds Provided that it shall be lawful for the said company from time to time to extend the same by the ercation allotment and disposal of new shares in the manner set forth and subject to the articles and conditions of the said settlement. 5. The capital or joint stock and all the funds and property of the said company and the several shares therein and the profit and advantages to be derived therefrom shall be and be deemed personal estate and be transferable and transmissible accordingly subject to the provisions of the said settlement. 6. It shall be lawful for the said company to make and construct a good and substantial bridge of not less than twenty-five feet in width across the River Murrumbidgee at a site which has been approved of by the Government between Crampton-street and Travers-street in the township of Wagga Wagga with all necessary wharves piers embankments landing-places buildings gates and other works and conveniences and to make proper roads and approaches to the said bridge from the existing public streets and roads through over and along the waste lands of the Crown contiguous thercto and upon the completion of the said bridge to receive and take the tolls for the use thereof hereinafter specified Provided that the said bridge shall be so constructed as not to obstruct the navigation of the said river that is to say that a height of not less than seven feet be preserved between the top of the highest bank of the said river at the site of the said bridge and the lower surface of the said bridge. 7. It shall be lawful for the said company their directors surveyors engineers agents and workmen and all other persons by them authorized to enter into and upon all or any lands of the Crown at or near the site of the intended works and to survey and take levels of some or any part thereof and to take 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 such works roads matters 'and conveniences as are hereby authorized to be made and also to take all such steps as shall be 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 and to take remove carry away and use any earth stone gravel timber or any other material from such lands of the Crown which may be proper for making maintaining altering repairing or using the said bridge. 8. As soon as conveniently may be after the completion of the whole work authorized by this Act the said company shall absolutely sell and dispose of all superfluous lands if any which may have been purchased by them under this Act for any of the purposes aforesaid and shall apply the purchase money arising from such sales to the purposes of this Act or as provided by the said settlement. 9. It shall be lawful for the said company from time to time and at all times hereafter to ask demand take recover and receive to and for the use and benefit of the said company all such tolls and rates as may be established from time to time by the said company not excceding the tolls or rates specified in the first Schedule hereto And also to take such wharfage or other rates or remuneration from vessels using any piers landing-places wharves or places to be con- structed by the said company under the provisions of this Act as may in like manner be established. 10. 1861. 25° VIC. 619 Wagga Wagga Bridge Company. 10. The total amount of debts engagements and liabilities of Visbilitics not to the said company shall not in any case exceed the amount of capital capita stock for the time being subscribed for and actually paid. 11. No toll shall be demandable or taken by virtue of this Act Pyemptions from for or in respect of any horses or carriages belonging to the Governor or to any person in actual attendance upon him or for or in respect of the horses beasts carts carringes and other vehicles belonging to the Government and employed at the time of passing any toll-bar or toll- gate at or upon the said bridge in the Government service or for or in respect of any horse or beast or any carriage or other vehicle conveying any clergyman in the discharge of his duty or carrying the Post Office mails nor shall any toll be demandable or taken by virtue of this Act from any volunteers while on duty or upon their way to or from duty or 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 or 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 or from any person procecding to or returning from divine service on Sundays. 12. It shall be lawful for the said company to cause to be Toll bars and gates. erected toll bars or gates at or upon the said bridge and roads and at or upon such parts thercof as to the said company shall scem fit and to collect and authorize some fit persons to attend the same and to collect and reccive tolls thereat. 18, At and from the expiration of the term of ninety-nine years After nincty-nine the said bridge shall be and be decmed a public bridge. some tobe 14. If the said bridge across the Murrumbidgee with the 1! not completed in approaches thereto be not fully and properly completed within three je ye 8 years next after the passing of this Act all the powers hereby given shall cease and determinc. 15. It shall be lawful for the said company to demise and Ict to Tolls may be leased. farm the tolls demandable under this Act at or upon the said bridge and the lessees shall have the same power of demanding and collecting and taking the said tolls as are hereby given to the said company. 16. Such lessees may while 'the said tolls shall be so leased Lessees may appoint appoint such other persons as they may think necessary to collect °° ™* demand and take the tolls so leased and the persons so appointed may use all means for the recovery thereof in the case of nonpayment or evasion as the said company and such lessees might or could do under this Ac. In case the tolls demandable at or upon the said bridge shall Summary remedies be so demised and the lessee shall neglect or refuse to perform the con- against defaulting ditions on which the samo shall be let or in case the rent agrecd to be paid by such lessee or any part thereof shall be in arrear for fourteen days next after the day on which the same ought to be paid or the term for which such lessee held the same shall in any manner become void or voidable it shall be lawful for any Justice of the Peace upon complaint made upon oath by or on behalf of the said company 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 said bridge and the toll-house at or upon the same and all buildings and appurtenances thereto bclonging and to remove or put out such lessee and the collectors keepers servants or other persons found therein together with their goods from the possession thereof and from the collection of the tolls in respect thereof and the lease con- tract or agreement for the same shall thenceforth cease and be utterly void except as to the conditions and agreements for payment up to that time of the rent payable for the same or the other conditions or agrecments Summary ejectment of lessces holding over, Table of tolls, Persons refusing toll may be stopped. Penalty for cvading toll. 25° VIC. 1861. Wagga Wagga Bridge Company. agreements contained therein on the lessee's part and which shall have been broken and the same tolls may be demised to any other person and may in the mean time be collected by the said company his or their servants and agents. 18. In case any lessee of the said tolls shall on the expiration of the term for which the same shall have been demised neglect or refuse to deliver up to the said company or to any new lessee posses- sion of any toll-house at or upon the said bridge or any buildings and appurtenances thereto belonging it shall be lawful for any Justice of the Peace upon complaint made upon oath by or on behalf of the said company 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 such toll-houses buildings and appurtenances and to put out such lessce collectors keepers servants and other persons found therein together with their goods and chattels from the possession thercof. 19. The said company or the lessees of the said tolls for the time being in receipt thereof are hereby required to put up and continue in some conspicuous place at or near any toll-gate or at and upon any toll- house 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 distinguishing severally the amount of toll and the different sorts of cattlo beasts carriages or other vehicles for which they are severally to be paid when there shall be any variation therein and the said company and lessees shall place in some con- spicuous position 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 such name according to every change of such collector or keeper and if the said company while they shall take the said tolls or their lessees shall neglect or refuse to put up such table or such name 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 any person to read or shall in any manner hinder or prevent any person from reading the inserip- tions on the said boards or any name so fixed up as aforesaid or shall refuse to tell his own christian name and surname to any person who shall demand to know the same on paying any of the said tolls or upon the legal toll being tendered or paid shall unnecessarily detain or wilfully obstruct hinder or delay any passenger from going through any toll-gate such collector shall be liable for every such offence to a penalty not exceeding forty shillings. 20. If any person liable to the payment of any toll 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 from passing through the toll-gate and to close and fasten the same and to keep the same 'closed and fastened until such toll be paid. 21. If any person shall resist or forcibly oppose or assault any person having right or authority to collect the said toll in the execu- tion of his duty or shall pass through any toll-gate at or upon the said bridge without paying the legal toll to which he is liable or shall fraudulently or forcibly evade or do any act whatever in order or with intent to evade the payment of such toll and whereby the same shall be evaded every such person shall for every such offence be liable to a penalty not exceeding five pounds. 22. 1861. 25° VIC. 621 Wagga Wagga Bridge Company. 22. If any lessee or collector of tolls under this Act or any Penalties against keeper of a gate at or on the said bridge shall upon the legal toll being olcctors for mis- tendered or paid unnecessarily or for an unreasonable time detain or wilfully obstruct hinder or delay any passenger with or without his horses beasts carriages carts and other vehicles from passing over the said bridge or if any such lessee or collector of tolls or keeper of a gate on the said bridge shall make use of any uncivil scurrilous threat- ening or abusive language or behaviour to any traveller or passenger over the said bridge such lessee or collector of tolls or keeper of a gate shall be liable for every such offence to a penalty not execcding five pounds. 23. If any person liable to the payment of any toll under this Collector may Act shall after demand thereof neglect or refuse to pay the same or fave eran any part thereof it shall be lawful for the person having right or authority to collect such toll by himself or taking such assistance as he 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 w ith their respective bridles saddles gear or harness and if the toll or any part thereof so neglected or refused to be paid and all reasonable charges of and attending such seizure shall not be paid within one day thereafter the person so seizing and distraining may sell the animal or thing so scized returning to the owner upon demand the overplus of the proceeds (if any) and what shall remain. unsold. 24. If any person shall wilfully or maliciously injure pull or Damages and ful eut down pluck" up thrown down break level or otherwise destroy or penalty for wife damage any toll-gate or any chain post rail wall bar or other fence or any lamp belonging to any toll-gate at or upon the said bridge or any house erected for the use of any such toll-gate or any table of tolls such person shall be liable for every such offence to a penalty not execeding ten pounds over and above the damages occasioned thereby the whole to be recovered as if it were a penalty only. 25. All horses cattle sheep and other beasts for which toll shal] Beasts liable to toll be payable under this Act shall be counted by the lessce or collector °°" of tolls under this Act or keeper of the gate at cither side of the said bridge before such horses cattle sheep or other beasts shall pass over and off the said bridge. 26. The said company shall have as against all persons except Right of ferry within the Crown the absolute and exclusive right of ferry over and across friden timits of the said River Murrumbidece for the full and clear distance of two miles on cach side of the said bridge up and down the said river and every person establishing or attempting to establish for hire or profit any ferry over and across the said river within that distance shall be deemed to have committed a trespass at law against the said company and shall also be liable for every such offence toa a penalty not exeecd- ing fifty pounds. 27. No dividend or bonus shall in any case be declared or paid No dividend out of out of the subscribed capital for the time being of the said company"? or otherwise than out of the declared net gains and profits of the concern. 28. In any action or suit to be brought by the said company Proceedings | on against any proprictor of any shares in the capital of the said company """ !" to recover any sum of money payable to the said company for or by reason of any call made under this Act or of the said settlement it shall be sufficient for the said company to declare that the defendant being a proprictor of such or so many shares in the capital of the said company is indebted to the said company in such sum of money (as the call in arrear shall amount to) for such call of such sum of money upon such or so many shares belonging to the said defendant whereby an 622 25° VIC. 1861. Wagga Wagga Bridge Company. an action hath accrued to the said company without setting forth any special matter and on the trial of such action or suit it shall not be necessary to prove the appointment of the directors who made such call or any other matters except that the defendant at the time of the making of such call was a holder or proprietor of one or more share or shares in the capital of the said company and that such call was in fact made and that such notice thereof and of the time fixed for the payment thereof was given as directed by the said settlement and the said company shall thereupon be entitled to recover what shall appear due. Acts ander settle- 29. Nothing herein contained shall prejudice any call made or revi |S. . . hereto valid.» = ANY contract or other act decd matter or thing entered into made or done by the said company prior to or under or by virtue of the said settlement before this Act shall come into operation but the same shall be as valid and effectual to all intents and purposes as if this Act had passed and the said company had been incorporated before the same had been made entered into or done. Liability of share- 30. If any execution either at law or in equity shall at any : time be or have been issued against the property or effects of the said company and if there cannot be found sufficient corporate property whereon to levy such execution may be issued against any of the shareholders to the extent of their shares respectively in the capital of the said company not then paid up Provided always that no such execution shall issue against any shareholder except upon the order of the Court in which the action suit or other proceeding shall have been brought or instituted made upon motion in open Court after sufficient notice to the persons sought to be charged and upon such motion such Court may order execution to issue accordingly and for the purpose of ascertaining the names of the shareholders and the amount of capital remaining to be paid upon their respective shares it shall be lawful for any person entitled to any such execution at all reasonable times to inspect without fee the register of shareholders required to be kept in the office of the said company and so much of the share account of such shareholders as shall be sufficient to shew the amount of their respective shares so remaining to be paid up Provided further that in the event of the assets of the company being insufficient to meet its engagements the shareholders shall in addition to the amount already paid and to be paid upon their shares in the capital of the said company be responsible to the extent only of a sum equal to double the amount of their said shares. Shareholders paying 31. If by means of any such execution any shareholders shall ine der . . execution to recover AVE paid any sum of money beyond the amount then due from him against company. in respect of calls he shall forthwith be reimbursed such additional sum by the directors out of the funds of the company to the extent to which they shall be sufficient for that purpose. Custody of seal and 32. The directors for the time being shall have the custody of its use. the common seal of the said company and the form thereof and all other matters relating thereto shall from time to time be determined by the directors in the same manner as is provided in and by the said settlement for the determination of other matters by the board of directors and the directors present at a board of directors of the said company shall have power to use such common seal for the affairs and concerns of the said company and under such seal to execute any deeds and do any such other matters and things as may be required to be executed and done on behalf of the said company in conformity with the provisions of the said settlement and this Act but it shall not be necessary to use the common scal in respect of any of the ordinary business of the said company or for the appointment of an attorney or solicitor for the prosecution or defence of any action suit or proceeding. 33. 1861. 25° VIC. Wagga Wagga Bridge Company. 33. In case it shall at any time be thought expedient hy the said company to raise any money by way of loan it shall be lawful for the said company to borrow and take up at interest in addition to the money which the said company are authorized to raise in extension of their capital as aforesaid any such sum as to them shall seem necessary or convenient not execeding at any time one-half of the amount of the capital of the said company then actually paid up and the said company after an order shall have been made for that purpose by any general meeting are hereby authorized to assign by way of mortvage the property, "of the said company and the tolls or rates arising or to arise under this Act or any part thereof respectively as a security for any such money to be borrowed as aforesaid with interest not exceeding the rate of ten pounds per centum per annum and all mortgages so made shall be in the words or to the effect of the second Schedule hereto and shall be executed under the common seal of the said company And all persons to whom any such mortgage shall be made shall be equally entitled one with the other to their respective proportions of the said tolls rates and premises according to the respective sums in such mortgages mentioned to be advanced without any preference by reason of priority of date or otherwise and an entry or memorial of every such mortgage containing the number and date thereof and the names of the persons with the proper additions to whom the same shall have been made and of the sums borrowed together with the rate of interest to be paid thereon shall within fourteen days next after the date thereof be entered in a book to be kept at the office of the said company at Wagga Wagga which book may be perused at all reasonable times by any "proprietor or ereditor of the said company or other person interested therein without fee or reward and every person to whom any such mortgage shall have been made or who shall be entitled to the money due thercon may from time to time transfer his right and interest therein to any person "by indorse- ment in the words or to the effect of the third Schedule hereto and ev ery such transfer shall within twenty-eight days after the date thereof be produced to the manager or clerk of the said company who shall cause an entry or memorial to be made thereof in the same manner as the original mortgage or assignment for which the said clerk shall be paid such sum as the said company shall appoint not exceeding two shillings and sixpence and after such entry made every such transfer shall entitle the transferree his exeeutors administrators and assigns to the full benefit thereof and payment thereon and it shall not be in the power of any person who shall have made such transfer to make void release or discharge the same or any sum of money thereon due or thereby secured or any part thereof. 34. The interest of the money which shall be raised by mortgage as aforesaid shall be paid half- yearly to the several persons entitled thereto in preference to any interest or dividends duc or payable under this Act to the shareholders or any of them and shall from time to time he fully paid and discharged or provided for before the yearly or other intcrest or dividends due to the shareholders or any of them shall be paid made or provided And in case such interest or any part thereof shall be behind and unpaid for the space of twenty-one days next after the same shall have become due and payable as aforesaid and shall not be paid within seven days next after demand thercof in writing made to the said company or left at the office thercof any Justices of the Peace in Petty Sessions assembled on request made by or on behalf of any mortgagee or transferree of a mortgage whose interest shall be so in arrears shall by an order under their hands appoint some person to receive the tolls or rates liable for payment of such interest so due and unpaid as aforesaid and the money so to be received Pompany may borrow money within limit on mortgage. Payment of interest on mortgages. Mortgagee or trans- ferrce not to be proprictor. Mortgages may be renewed within same limit. After twenty-one years bridge &e. may be bought by Government. Bridge &e. to be kept in repair or become public property. 25° VIC. 1861. Wagga Wagga Bridge Company. received by such person is hereby declared to be so much money received by or to the use of the person to whom such interest shall be then due until the same together with the costs and charges of recover- ing and receiving the tolls or rates shall be fully satisfied and paid and after such interest and costs shall have been paid and satisfied the power and authority of such recciver for the purposes aforesaid shall cease and determine or otherwise the said interest so due and unpaid as aforesaid shall be sued for and recovered with costs by an action of debt in the nearest District Court. 35. No person to whom any such mortgage shall be so made or transferred shall be deemed a proprietor of any share or shall be capable of acting or voting by virtuc of such mortgage or transfer either as principal or by proxy at any meeting of the said company for or on account of his having lent or advanced any sum of monoy on the credit of any such mortgage or transfer. 36. In case the said company shall raise any money by mortgage and shall afterwards be required or be desirous to pay off and shall pay off all or any part of the principal sum secured by such mortgage the said company may immediately or at any time thercafter again raise in lieu of the principal money so paid off or to be paid off by them so much money as they shall from time to time have paid off or be required or be desirous to pay off to the holders of the mortgages or any of them or any part thereof and so from time to time as often as the same shall happen but so nevertheless that the mortgage debts of the said company shall not in any event exceed the proportion aforesaid of the paid up capital of the said company. 37. It shall be lawful for the Governor with the advice of the Executive Council at any time after the expiration of twenty-one years from the completion of the said bridge to purchase the same with all appurtenances in the name and on behalf of [ler Majesty upon giving to the said company three months notice in writing of the intention so to do and upon payment to the said company of a sum equal to the whole sum expended in erecting and completing the said bridge and its appurtenances and the roads and approaches thereto together with a premium thereon of ten per cent. Provided that the said company shall within two years after the completion of the said bridge roads and appurtenances file in the office of the Minister for Public Works a true account in detail of all costs and expenses occasioned by and incident to the erection of the said bridge roads and appurtenances verified by the declaration of the chairman of the said company and that the amount of such costs and expenses shall be the sum upon which such premium shall be estimated Provided also that at any time during the continuance of the said term of twenty-one years if it be considered expedient and a general mecting of the said company shall have authorized the same it shall be lawful for the said company to sell and dispose of the said bridge roads and appurtenances and to assign the interest of the said company in the same to Her Majesty upon such other terms as may in such case be agreed upon between the said company and the Governor with the advice aforesaid and that upon the completion of such sale the right of the said company to demand and take tolls and their liability to keep and maintain the said bridge and roads in repair under this Act shall cease and determine. 38. The said company shall keep at all times in good and sub- stantial repair and fit for usc the said bridge and its appurtenances and all other works which they are empowered to construct and use by virtue of this Act And if any repair required thereto or to any part thereof shall not be effected within six months after a notice in writing from the Minister for Public Works requiring the same to be effected shall 1861. 25° VIC. Wey iy Wag gge Br "idge Company. shall have been served on the chairman or secretary of the said com- pany or if the said company shall make wilful default in any of the requirements or provisions of this Act the said bridge with its appur- tenanecs and all right to tolls in respect thereof shall t hereupon become public property and may be immediately taken possession of by the Minister tor Public Works for and on behalf of the Crown Provided P «vise for com- that in such event the said company shall be entitled to demand and recover from the Government by way of compensation such sum of money as they may have actually expended in and